Roanoke Lawyer Handling Gun & Firearm Charges
Today’s news headlines are often full of reports regarding gun violence. While many people have strong feelings about their right to bear a firearm, the fact of the matter is that there are strict laws in place regarding the possession or use of guns. Illegally possessing a firearm or worse, using one during the commission of a crime leads to harsher penalties. The penalties can include prison time, a permanent criminal record, the inability to pass a background check, etc. If you or a loved one have been arrested, then it is vital that you contact a criminal defense attorney as soon as possible. Cerid Lugar is a Roanoke lawyer who has been licensed since 2008. She assists with gun or firearm related charges and is licensed in both state and federal court. Contact our office today to schedule an initial consultation. Our firm also services Salem and all of southwest Virginia.
Roanoke lawyer handling Virginia cases in which a felon possessed a firearm
It is a violation of Virginia and federal law for one to possess a firearm after they have been convicted of a felony. Under 18 U.S.C. 922(g) one who possess a firearm, after having been convicted of a felony or of domestic violence, may face federal charges. Also, under Va. Code 18.2-308.2, such individuals may be charged with a class six felony by the Commonwealth of Virginia. The penalties for this charge can include up to five years in prison. It is important to understand that these penalties may be elevated, and additional charges may be brought, if the gun was used during the commission of another crime.
The first step in a felony case will be for the defendant to enter a “not guilty” plea at their arraignment. The Court will set a trial date and the prosecution will provide the defense with any arrest reports, witness statements, or other evidence which must be disclosed pursuant to Brady v. Maryland. Cases regarding the possession of a firearm often hinge on whether law enforcement found the gun by violating a defendant’s rights. If the police violated the Fourth Amendment through an unlawful search and seizure, then it may be possible to have the firearm excluded from evidence. Depending on the facts of the case, excluding the firearm may lead to a dismissal of the charges. If a dismissal cannot be obtained, then the prosecution will be required to prove, beyond a reasonable doubt, that the accused knowingly and intentionally possessed the firearm. Litigating these types of cases can involve complicated legal issues and it is important to retain an experienced attorney.
Cerid Lugar is a Roanoke criminal defense lawyer assisting those who are charged with being a felon in possession of a firearm. Cerid will use your initial consultation to learn more about the facts of your arrest and to begin formulating a strategy for your defense. She will quickly obtain all available discovery and will file Motions to exclude any unlawfully seized evidence. She will aggressively examine the law enforcement officers at the evidentiary hearing and, if a dismissal cannot be obtained, our firm will work to reach the best resolution possible. If necessary we will prepare your case for trial and make sure that your rights are protected. We understand that you are facing a serious situation and we will give your case the attention it deserves.
Criminal defense lawyer providing quality service to Roanoke and Salem defendants facing gun charges
If you are charged with a gun-related crime of any type, then you have enough to deal with. You do not need the added stress of hiring an attorney who does not communicate with their clients. Cerid makes lawyer-client communication a priority. This includes quickly responding to messages, phone calls, and making herself available to answer your questions. We strive to provide the highest levels of service and this is our promise in each and every case we handle.
We also serve the cities of Cave Spring, Salem, the Botetourt County city of Hollins, the Bedford County cities of Bedford and Forest, the Franklin County city of Rocky Mount, and the Montgomery County cities of Blacksburg, Christiansburg, and Radford.