Tag Archives: Violation Code 18.2-308

Virginia Drugs Attorneys Violation Code 18.2-308 Fairfax Prince William Loudoun Richmond Beach Fredericksburg Lynchburg

Virginia Drugs Attorneys Violation Code 18.2-308 Fairfax Prince William Loudoun Richmond Beach Fredericksburg Lynchburg

Taylor v. Commonwealth

Facts:

After a bench trial in the Circuit Court of Fairfax, Virginia, defendant was convicted of possession of drugs with the intent to distribute and possessing a firearm while possessing cocaine with the intent to distribute (Va. Code Ann. § 18.2-308.4(C)). He appealed the latter conviction.

If you are facing a criminal case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

We have client meeting locations in Fairfax Prince William Richmond Loudoun Beach Fredericksburg Lynchburg

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Virginia Drugs Attorneys Violation Code 18.2-308

Virginia Drugs Attorneys Violation Code 18.2-308

Holdings:

The Virginia Court made the following holding:
  • In interpreting Virginia’s basic statutes proscribing possession of drugs, e.g. Va. Code Ann. § 18.2-248 (simple possession); Va. Code Ann. § 18.2-250 (possession with intent to distribute); or possession of a firearm, e.g. Va. Code Ann. § 18.2-308.2 (proscribing possession of a firearm by a convicted felon), the applicable legal principles are clear: Possession may be actual or constructive. Establishing constructive possession requires proof that the defendant was aware of both the presence and character of the item and that it was subject to his dominion and control. A person’s ownership or occupancy of premises on which the subject item is found, proximity to the item, and statements or conduct concerning the location of the item are probative factors to be considered in determining whether the totality of the circumstances supports a finding of possession. A defendant may constructively possess an item or items in his residence even when he is not on the premises. Possession of the means to exercise dominion and control over an item gives the possessor dominion and control over the item itself.
  • The existence of a heightened punishment under Va. Code Ann. § 18.2-308.4(C) for possession of a firearm while possessing drugs does not compel the conclusion that possession of the drugs or the firearm must be actual rather than constructive. Proof of constructive possession is sufficient to support a conviction under § 18.2-308.4(C).
  • Va. Code Ann. § 18.2-308.4 requires proof of a nexus between the firearm and the drugs that the defendant actually or constructively possesses. The purpose of § 18.2-308.4 is to provide heightened penalties for possessing or using a firearm in conjunction with the specified drug crime–simple possession under § 18.2-308.4(A) and (B), and possession with intent to distribute under § 18.2-308.4(C). Thus, § 18.2-308.4(C) requires proof of a nexus between the drug offense and the firearm possession–proof that possession of the firearm somehow furthers, advances, or helps the defendant to commit the offense of possessing a controlled substance with an intent to distribute it. Where the accused has actual possession of a firearm and displays it in a threatening manner while consummating a drug sale, proof of the nexus is obvious. In contrast, where the offense is the possession of drugs with intent to distribute, additional evidence is required to establish the requisite nexus between possession of the drugs and possession of the firearm.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Beach Fredericksburg Lynchburg

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

 

Concealed Weapon Charge Law In Virginia Attorneys Misdemeanor Violation Code 18.2-308 Fairfax Richmond Beach Loudoun Prince William

Have you been charged with carrying a concealed weapon in Virginia and you are wondering what the penalty is in VA and need a lawyer to defend you?

Are you concerned about the consequences of being charged with carrying a concealed weapon in Virginia and you are wondering what the penalty is in VA?

For a lot of our clients, carrying a concealed weapon can result in the loss of their job, their security clearance or even their immigration status.

Don’t risk going to court without a lawyer, if you have been charged with carrying a concealed weapon in Virginia and you are wondering what the penalty is in VA.  Contact our law firm for help and speak with a lawyer today.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Peterson v. Commonwealth

Facts:

After defendant pled guilty to carrying a concealed weapon, a misdemeanor offense in violation of Va. Code Ann. § 18.2-308, the Fairfax court deferred sentencing until the resolution of the related felony charge of violating Va. Code Ann. § 18.2-308.2. Defense counsel then moved to dismiss the felony indictment.

If you are facing a criminal case in Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

Concealed Weapon Charge Law In Virginia Attorneys Misdemeanor Violation Code 18.2-308

Concealed Weapon Charge Law In Virginia Attorneys Misdemeanor Violation Code 18.2-308

Holdings:

The Virginia Court made the following holding:
  • A prosecution for offenses under both Va. Code § 18.2-308 (carrying a concealed weapon) and § 18.2-308.2 (convicted felon possessing a firearm) is valid because each charge possesses different, required elements in order to obtain a conviction. Va. Code § 19.2-294 does not bar the felony prosecution because both charges are distinct..

Some of the courts we cover in Virginia:

Fairfax Circuit Court Richmond Circuit Court
4110 Chain Bridge Road
Fairfax, VA 22030
400 North Ninth Street
John Marshall Courts Building
Richmond, VA 23219
Fairfax General District Court Richmond General District Court
4110 Chain Bridge Road
Fairfax, VA 22030
920 Hull Street, Northside
Richmond, VA 23224-4070
Fairfax Juvenile & Domestic Relations District Court Richmond Juvenile & Domestic Relations District Court
4110 Chain Bridge Road
Fairfax, VA 22030-4020
Oliver Hill Courts Building
1600 Oliver Hill WaySuite C181
Richmond, VA 23219-1214
Prince William Circuit Court Loudoun Circuit Court
9311 Lee Avenue
Manassas, VA 20110
P. O. Box 55018 E. Market St., 3rd floor
Leesburg, VA 20178
Prince William General District Court Loudoun General District Court
9311 Lee Avenue
Manassas, VA 20110-5586
18 East Market Street
Leesburg, VA 20176
Prince William Juvenile & Domestic Relations District Court Loudoun Juvenile & Domestic Relations District Court
9311 Lee Avenue
Manassas, VA 20110-5555
18 East Market Street
Leesburg, VA 20176

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

We also cover the following courts in Virginia:

Virginia Beach Circuit Court
2425 Nimmo Parkway
Building 10, 4th Floor
Virginia Beach, VA 23456-9017
Virginia Beach General District Court
2425 Nimmo Parkway
Virginia Beach, VA 23456-9057
Virginia Beach Juvenile & Domestic Relations District
Court
2425 Nimmo Parkway, Building 10
Judicial Complex 10 A Municipal Center
Virginia Beach, VA 23456

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

 

Virginia Drugs Attorneys Violation Code 18.2-308

Virginia Drugs Attorneys Violation Code 18.2-308

Taylor v. Commonwealth

Facts:

After a bench trial in the Circuit Court of Fairfax, Virginia, defendant was convicted of possession of drugs with the intent to distribute and possessing a firearm while possessing cocaine with the intent to distribute (Va. Code Ann. § 18.2-308.4(C)). He appealed the latter conviction.

If you are facing a criminal case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

We have client meeting locations in Fairfax Prince William Richmond Loudoun Beach Fredericksburg Lynchburg

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Virginia Drugs Attorneys Violation Code 18.2-308

Virginia Drugs Attorneys Violation Code 18.2-308

Holdings:

The Virginia Court made the following holding:
  • In interpreting Virginia’s basic statutes proscribing possession of drugs, e.g. Va. Code Ann. § 18.2-248 (simple possession); Va. Code Ann. § 18.2-250 (possession with intent to distribute); or possession of a firearm, e.g. Va. Code Ann. § 18.2-308.2 (proscribing possession of a firearm by a convicted felon), the applicable legal principles are clear: Possession may be actual or constructive. Establishing constructive possession requires proof that the defendant was aware of both the presence and character of the item and that it was subject to his dominion and control. A person’s ownership or occupancy of premises on which the subject item is found, proximity to the item, and statements or conduct concerning the location of the item are probative factors to be considered in determining whether the totality of the circumstances supports a finding of possession. A defendant may constructively possess an item or items in his residence even when he is not on the premises. Possession of the means to exercise dominion and control over an item gives the possessor dominion and control over the item itself.
  • The existence of a heightened punishment under Va. Code Ann. § 18.2-308.4(C) for possession of a firearm while possessing drugs does not compel the conclusion that possession of the drugs or the firearm must be actual rather than constructive. Proof of constructive possession is sufficient to support a conviction under § 18.2-308.4(C).
  • Va. Code Ann. § 18.2-308.4 requires proof of a nexus between the firearm and the drugs that the defendant actually or constructively possesses. The purpose of § 18.2-308.4 is to provide heightened penalties for possessing or using a firearm in conjunction with the specified drug crime–simple possession under § 18.2-308.4(A) and (B), and possession with intent to distribute under § 18.2-308.4(C). Thus, § 18.2-308.4(C) requires proof of a nexus between the drug offense and the firearm possession–proof that possession of the firearm somehow furthers, advances, or helps the defendant to commit the offense of possessing a controlled substance with an intent to distribute it. Where the accused has actual possession of a firearm and displays it in a threatening manner while consummating a drug sale, proof of the nexus is obvious. In contrast, where the offense is the possession of drugs with intent to distribute, additional evidence is required to establish the requisite nexus between possession of the drugs and possession of the firearm.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Beach Fredericksburg Lynchburg

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

 

Concealed Weapon Charge Law In Virginia Attorneys Misdemeanor Violation Code 18.2-308

Have you been charged with carrying a concealed weapon in Virginia and you are wondering what the penalty is in VA and need a lawyer to defend you?

Are you concerned about the consequences of being charged with carrying a concealed weapon in Virginia and you are wondering what the penalty is in VA?

For a lot of our clients, carrying a concealed weapon can result in the loss of their job, their security clearance or even their immigration status.

Don’t risk going to court without a lawyer, if you have been charged with carrying a concealed weapon in Virginia and you are wondering what the penalty is in VA.  Contact our law firm for help and speak with a lawyer today.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Peterson v. Commonwealth

Facts:

After defendant pled guilty to carrying a concealed weapon, a misdemeanor offense in violation of Va. Code Ann. § 18.2-308, the Fairfax court deferred sentencing until the resolution of the related felony charge of violating Va. Code Ann. § 18.2-308.2. Defense counsel then moved to dismiss the felony indictment.

If you are facing a criminal case in Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

Concealed Weapon Charge Law In Virginia Attorneys Misdemeanor Violation Code 18.2-308

Concealed Weapon Charge Law In Virginia Attorneys Misdemeanor Violation Code 18.2-308

Holdings:

The Virginia Court made the following holding:
  • A prosecution for offenses under both Va. Code § 18.2-308 (carrying a concealed weapon) and § 18.2-308.2 (convicted felon possessing a firearm) is valid because each charge possesses different, required elements in order to obtain a conviction. Va. Code § 19.2-294 does not bar the felony prosecution because both charges are distinct..

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.