Concealed Weapon Lawyer New Kent County, VA
A charge for carrying a concealed weapon in New Kent County, Virginia is serious. It falls under Va. Code § 18.2-308, which makes it unlawful to carry a firearm or other prohibited weapon hidden from common observation without a valid permit. A first offense is a Class 1 misdemeanor that can bring up to 12 months in jail and a $2,500 fine; a second or subsequent offense is a Class 6 felony punishable by one to five years in prison. Because these penalties can affect your freedom, your firearm rights, and your future, the decision you make about legal representation matters. Mr. Sris and his Of Counsel have represented individuals facing concealed weapon charges in Virginia for many years, and they appear in the New Kent County courts — the New Kent County General District Court at 12001 Courthouse Circle, New Kent, VA 23124 (misdemeanors and preliminary hearings) and the New Kent County Circuit Court (felony trials and appeals). To speak with an attorney about your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Under Va. Code § 18.2-308, a first-offense carrying a concealed weapon is a Class 1 misdemeanor punishable by up to 12 months in jail and a fine up to $2,500. A second or subsequent offense is a Class 6 felony punishable by one to five years in prison.
Source: Va. Code § 18.2-308. Virginia Legislative Information System
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
What Concealed Weapon Charges Mean in New Kent County
Unlike some traffic infractions, a concealed weapon charge is not something that can be paid before the court date. It is a criminal charge that requires your appearance. In New Kent County, the Commonwealth’s Attorney’s office prosecutes these cases. The matter will start in the New Kent County General District Court (12001 Courthouse Circle, New Kent, VA 23124; phone (804) 966-9690), which handles initial appearances, bond hearings, and misdemeanor trials. If the charge is a felony – for example, a second or subsequent offense under § 18.2-308 – the General District Court will conduct a preliminary hearing, and the case will then move to the New Kent County Circuit Court for trial.
A conviction for carrying a concealed weapon can affect more than just your criminal record. A misdemeanor concealed weapon conviction generally does not result in a loss of firearm rights under federal law, but a felony conviction triggers a lifetime prohibition on possessing firearms under 18 U.S.C. § 922(g)(1). A conviction can also affect employment, professional licenses, and security clearances. Because Virginia does not allow the court to negotiate plea agreements directly, any charge amendment must be agreed to by the Commonwealth’s Attorney and presented to the judge for approval. That makes knowledgeable, locality-aware legal guidance an important part of the defense.
How Mr. Sris and His Of Counsel Handle Concealed Weapon Cases
When you contact the firm, the first step is a consultation where the facts of the stop, search, and arrest are examined. Mr. Sris and his Of Counsel evaluate whether law enforcement had a lawful basis for the stop, whether the search that uncovered the weapon complied with constitutional standards, and whether the prosecution can prove every element of the charge. Often, the outcome depends on the specific circumstances: Was the weapon truly concealed from common observation? Did the driver have a valid concealed handgun permit? Were there exceptions under the law, such as transport in a vehicle’s locked container? These factual and legal questions shape the defense strategy.
If a dismissal is not possible at the first hearing, Mr. Sris and his Of Counsel work to negotiate a charge amendment with the prosecutor, when supported by the evidence. For example, a concealed weapon charge might be reduced to a lesser violation, or the Commonwealth’s Attorney might agree to a disposition that avoids a criminal conviction. The approach depends on the specific facts and the client’s background. Throughout the process, the firm’s familiarity with New Kent County court procedures and personnel helps ensure that the defense is presented effectively. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience to these cases. Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has been practicing law since 1997. He is admitted to the bar in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His firsthand knowledge of how prosecutors build cases informs the firm’s defense of clients charged with concealed weapon and other criminal offenses.
Mr. Sris is joined by a team of Of Counsel attorneys, each with extensive experience in Virginia criminal defense. Together, they bring over 120 years of combined legal experience. Results may vary. The firm has documented 4,739+ case results across all practice areas since 1997. In New Kent County, the firm has achieved four documented case results, all favorable — including dismissals and charge amendments.
Frequently Asked Questions
What is the penalty for a concealed weapon charge in Virginia?
A first-offense carrying a concealed weapon without a permit is a Class 1 misdemeanor in Virginia, punishable by up to 12 months in jail and a fine of up to $2,500. A second or subsequent offense is a Class 6 felony, which carries a prison term of one to five years. The charge is prosecuted under Va. Code § 18.2-308. In addition to incarceration and fines, a felony conviction results in a permanent loss of firearm rights and can affect employment and housing opportunities. For a case in New Kent County, the matter is heard in the General District Court for a misdemeanor or initially in that court for a felony.
How does a Virginia lawyer defend against a concealed weapon charge?
A defense lawyer examines the legality of the stop and arrest, challenges whether the weapon was actually “concealed,” and verifies whether any exceptions or permit defenses apply. Mr. Sris and his Of Counsel review every aspect of the case, including the officer’s observations, the location of the weapon in the vehicle or on the person, and the existence of a valid concealed handgun permit. They may argue that the weapon was not hidden from common observation or that the search was unconstitutional. In New Kent County, they also work with the Commonwealth’s Attorney to explore charge reductions when the facts support it.
Can a concealed weapon charge be dismissed in New Kent County?
Yes, a concealed weapon charge can be dismissed if the evidence is insufficient or if a procedural defect exists, but dismissal is not automatic. In New Kent County, as elsewhere in Virginia, the prosecutor must prove every element beyond a reasonable doubt. If the defense can show that the weapon was not concealed, that the defendant had a valid permit, or that the stop violated constitutional protections, the court may dismiss the charge. The firm’s documented results in New Kent County include dismissals and charge reductions in criminal matters, though each case depends on its own facts. Results may vary.
What should I do if I am facing a concealed weapon charge in New Kent County?
Contact a criminal defense attorney immediately and do not discuss the case with anyone except your lawyer. You should preserve any documents or evidence related to the incident, such as the permit (if you have one), the weapon itself (if it is in your possession), and any photographs or witness information. Do not post about the case on social media. The deadlines in Virginia criminal cases move quickly, and early involvement of counsel can influence how the case is charged and what bond conditions are set. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Do I need a lawyer for a concealed weapon charge in New Kent County?
Although you have the right to represent yourself, the consequences of a concealed weapon conviction — including jail time, fines, and a permanent criminal record — make legal representation highly advisable. A lawyer who understands the local court procedures and the specific statute can identify defenses and negotiate on your behalf. Mr. Sris and his Of Counsel bring extensive experience in Virginia criminal defense and appear regularly in New Kent County courts. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
How does the court process work for a concealed weapon case in New Kent County?
If charged with a misdemeanor, you will appear at the New Kent County General District Court at 12001 Courthouse Circle; felony cases begin there with a preliminary hearing before moving to the Circuit Court. At the first appearance, the judge will address bond and appointment of counsel if needed. The prosecutor will provide discovery, and the defense will have the opportunity to review the evidence. Motions to suppress evidence may be filed if the search was unlawful. If no resolution is reached, the case proceeds to trial. The timeline varies depending on the court’s calendar and the complexity of the matter.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
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Fairfax City Criminal Defense
Attorney advertising. Prior results do not guarantee a similar outcome.
Results may vary. Case results depend on a variety of factors unique to each case.