Generally, possession of a firearm by a felon is a Class 6 Felony punishable by up to 5 years in prison and a fine of up to $2,500. If a person is convicted of possession of a firearm during a crime of violence or a dangerous crime, they face a mandatory minimum five years of prison time. This is Federal. ALEXANDRIA, Va. Over six years ago, two people were killed in . According to the United States Department of Justice, officers saw a truck speeding in a residential area of Richmonds Northside on Jan. 3, 2022. The first step is they must have the governors office in Virginia restore their civil liberties. Copyright 1999-2023 LegalMatch. A federal district court judge will determine any sentence after taking into account the U.S. NORFOLK, Va. A joint investigation involving Homeland Security Investigations (HSI) Norfolk, the ATF, the Virginia State Police and the Isle of Wight Sheriffs Office led to an 81-month prison sentence for Ronald Devon Matthews, 36, of Isle of Wight, Virginia. The potential penalties for possession of a firearm by a felon in Virginia will depend on the exact nature of the circumstances that led the person to be prohibited. 61-7-16. Homeland Security Investigations (HSI) Washington, D.C., made the announcement after sentencing by U.S. District Judge Arenda Wright Allen. Law Practice, Attorney The enhancement that would be created if a person has a violent felony within the last 10 years carries a mandatory minimum five-year sentence on top of anything else that they might be convicted of. RICHMOND, Va. A federal jury convicted a Richmond man last week on charges of possessing a firearm and ammunition as a convicted felon. The law also applies to people convicted of felonies as youthful offenders. However, any person who violates this section by knowingly and intentionally possessing or transporting any firearm and who was previously convicted of a violent felony as defined in 17.1-805 shall be sentenced to a mandatory minimum term of imprisonment of five years. After detaining Torrence, the officer went back to the trees and found a Ruger 9mm semi-automatic pistol. An experienced and local criminal attorney can advise you of your legal rights and options, and will also be able to represent you in court as needed throughout the process. Login. Copyright Virginia Criminal Lawyer 2023. RICHMOND, Va. - A Richmond man was sentenced today to 78 months in prison for being a convicted felon in possession of a firearm. The charge of Felon in Possession of a Firearm is a third degree felony. An police report said just after 9:50 . The defendant can be ordered to pay restitution by covering the cost of the medical bills. For a conviction with 10 years of any previous felony, there is a two year mandatory minimum sentence. There are some instances in which the defendant can be sued in civil court by the victim. ICE identifies and apprehends removable noncitizens, detains these individuals and removes illegal noncitizens from the United States. 2100 Jamieson Ave Assistant U.S. Attorney Stephen E. Anthony prosecuted the case. They also discovered two 9 mm pistols, magazines, ammunition and a bulletproof vest in a gun safe in his bedroom. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. Rashon Torrence, 26, was convicted of one count of possessing a firearm and ammunition as a convicted felon. Anyone convicted of a felony is prohibited from possessing a firearm in Virginia. Use or presentation of a firearm during commission of a felony; penalties. The judge does not have the discretion to give a person less than the five years of prison time. Did Va. Code 18.2-308.2 applies to anyone convicted of a felony, anyone who was adjudicated delinquent for a violent crime he committed at the age of 14 or older, or anyone under the age of 29 who was adjudicated delinquent for a crime that would have been a felony if committed by an adult when he was over the age of 14 at the time of the offense. Law, Immigration When Torrence got to a patch of trees, he made a throwing motion, and the officer saw a black object leave Torrences hand. Home Criminal Defense Felon in Possession of a Firearm: Va. Code 18.2-302. The key element is the definition of "disability.". Police also recovered 10 methamphetamine pills, 44 Clonazolam pills and $352 from Torrences person. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law The career criminal could spend the rest of his life in prison. Possession of a firearm by a felon Hood was given no bond and remains in custody in Guilford County. In that case, police recovered a firearm on the ground several feet away from the defendant, who had a disqualifying prior conviction. In terms of crimes against the person, the more serious the harm the more likely the crime is considered to be a felony. Possession of a firearm by a felon is considered to be a felony crime in itself. That is not true in Virginia. Centreville, Citizens convicted of a felony are among those officially classified prohibited persons. Under state law, felons caught in possession of firearms could face up to 10 years in prison, but many of them don't go to prison at all. 3:22-cr-15. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. Phone: (703) 940-1570, Steve Duckett, Attorney at Law Share sensitive information only on official, secure websites. Possessing a gun despite being ineligible is a felony offense. PSN is an evidence-based program proven to be effective at reducing violent crime. 922(g)(1). Calvin Ray Brown, 50, pleaded guilty on Wednesday, March 1 to conspiracy to distribute 400 grams or more of fentanyl and 500 grams or more of methamphetamine, officials from the Fairfax County Police Department announced. Courthouse in Springfield. You should check your states gun restoration laws in order to determine your eligibility for gun ownership rights restoration if you have been convicted of a felony. [Amended by 1975 c.702 1; 1985 c.543 4; 1985 c.709 2; 1987 c.853 1; 1989 c.839 4; 1993 c.735 2; 1995 c.518 1; 1999 c.1040 16; 2003 c.14 64; 2009 c.189 1; 2009 c.499 3] Source Last accessed Jun. 105 Oronoco St Felon in Possession of Firearm (Va. Code 18.2-308.2): Possession or transportation of a firearm, ammunition, stun weapon, explosive, or concealed weapon by a felon or person adjudicated delinquent in Virginia is a Class 6 felony. Committing the crime against a child, elderly individual, or member of law enforcement. Yemaya Ashaki Hughes, 30, of Clarksburg, and Shayla Ann Jackson, 24, homeless, were charged with possession with intent to deliver methamphetamine and cocaine and drug . Oakton, This can considerably change the outcome of their criminal liability in such situations. Felon in Possession of a Firearm. This case is part of Project Safe Neighborhoods (PSN). Felon in possession of a restricted weapon is a Class A misdemeanor. 15 922(e)-(f), 82 Stat. To posses a firearm as a convicted felon is a Class 6 Felony. Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Michael Weddel, Acting Special Agent in Charge of the ATFs Washington Field Division; and Rick Edwards, Acting Chief of Richmond Police, made the announcement after U.S. District Judge David J. Novak accepted the verdict. NORFOLK, Va. An Isle of Wight man was sentenced today to 81 months in prison for being a convicted felon in possession of firearms and ammunition. They may be ordered to pay restitution, which involves paying a victim for losses caused by the defendants commission of the felony. An example of this would be how a person who commits a sex offense felony, such as rape or child pornography possession, may be required to register as a sex offender. A. From jail, Matthews made phone calls instructing an accomplice to clean out his storage unit in Franklin. Bureau of Alcohol, Tobacco, Firearms and Explosives. The two magazines were found to contain a total of 56 rounds of ammunition. Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Michael Weddel, Acting Special Agent in Charge of the ATFs Washington Field Division, made the announcement after sentencing by U.S. District Judge David J. Novak. Huet's co-defendant and paramour, Marvin E. Hall was charged with possession of a firearm by a convicted felon on or about January 11, 2008, in violation of Title 18, United States Code, Section 922(g)(1). The investigation further revealed that while incarcerated, Matthews made phone calls instructing an accomplice to clean out his storage unit. For a conviction with 10 years of any previous felony, there is a two year mandatory minimum sentence. A copy of this press release is located on the website of the U.S. Attorneys Office for the Eastern District of Virginia. That five-year prison sentence cannot be suspended. For example: a felon lives with a person who is not a felon and is not prohibited from possessing a firearm. Whitter was previously convicted of felony robbery in Prince William County and is prohibited from possessing firearms and ammunition, they added. SPRINGFIELD, Ill. - A federal jury returned a guilty verdict on February 22, 2023, against Aaron Jackson, 30, of Springfield, Ill. for knowingly possessing a firearm as a convicted felon. Ajee "Glockz" Whitter, 28, of Alexandria faces up to 15 years in prison after pleading guilty to one count of being a felon in possession of a firearm. Many states also have laws prohibiting released felons from engaging in activity that is otherwise considered to be lawful. The officers attempted to conduct a traffic stop of Torrence, and a brief vehicle pursuit ensued. According to court documents, on February 19, 2021, T'Mar Green, 23, and another person were approached by law enforcement officers in Gilpin Court. R.C. The Court of Appeals of Wisconsin defined "firearm" for the possession of firearm by felon statute (Wisconsin Statute 941.29(2)) to mean a weapon that acts by force of gun powder to fire a projectile, irrespective of whether it is inoperable due to disassembly.In that decision, the question before the Court of Appeals of Wisconsin was not 'what constitutes a firearm', but rather, 'is a . Justin W. Williams United States Attorney's Building Contact Us to learn more about how we can help you. Ashland felon sentenced to five years for possession of a firearm The Herald-Dispatch Feb 3, 2023 The Tri-State's TRUSTED news source. Factors that make the classification of the crime a felony include: A person who is convicted of a felony faces prison time of over one year, as well as fines and penalties. HSIs international presence represents DHSs largest investigative law enforcement presence abroad and one of the largest international footprints in U.S. law enforcement. Universal Citation: WV Code 61-7-7 (2002 through Reg Sess) (a) Except as provided in this section, no person shall possess a firearm, as such is defined in section two of this article, who: (1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year; (2) Is habitually addicted to alcohol; 2. On Dec. 7, 2021, Matthews was arrested after law enforcement executed a search warrant at his residence in Carrsville. , General Assembly going into overtime to finish budget, Va. railroad safety bill rejected before train derailment, GOP panel kills effort to scrap same-sex marriage, GOP plan defunds state agency on marijuana, Restricting solitary confinement not a done deal, Marlboro-maker Altria trades off remaining Juul Labs, Two missing at-risk seniors found by police, Police searching for two endangered missing children, Goochland horse farm owner faces more cruelty charges, Virginia NAACP reflects on 2023 General Assembly, Police continue to investigate deadly double shooting, Chesterfield customers can opt out of recycling, Man shot at Chesterfield nightclub Sunday morning, Va. lawmakers take on China as spy balloon raises, Va. 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(a) Except as provided in this section, no person shall possess a firearm, as such is defined in section two of this article, who: (1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year; (2) Is habitually addicted to alcohol; The provisions of subdivision (1) of subsection 1 of this section shall not apply to the possession of an antique firearm. If you or someone you know has been arrested or accused of felon in possession of a firearm, or any other misdemeanor or felony offense, please contact our firm for a free consultation so we can provide . Possession with Intent to Distribute Marijuana, Possession of Marijuana on School or Other Public Property With Intent to Distribute, Distribution of Marijuana on School and Other Public Property, Distribution of Marijuana to Person Under 18, Causing Person Under 18 to Distribute Marijuana, Manufacturing Marijuana on School and Other Public Property, Third Offense Marijuana Distribution, Manufacturing, Possession with Intent to Distribute or Manufacture, Possession with Intent to Distribute A Controlled Substance, Distributing, Manufacturing, Possessing with Intent to Distribute Drugs on School and Other Public Property, Assisting Person in Unlawfully Procuring Prescription, Unlawfully Prescribing or Administering Drugs, Assault Based on Race, Religion, Color, National Origin, Malicious Bodily Injury of Law Enforcement Officer, Unlawful Bodily Injury of Law-Enforcement Officer, Intent to Commit Murder, Robbery, Rape, Arson, Intent to Commit Larceny, Assault and Battery, Other Felony, Possession of Firearm While Committing Certain Drug Offenses, Persons Prohibited From Possessing Firearms in Virginia. However, possession of a firearm by a felon in Virginia is punished with a mandatory minimum, consecutive sentence of 2 years in prison if he was convicted of a non-violent felony within the past 10 years. United States v. To convict an offender of possession of a firearm by a convicted felon charge in Virginia under Va.18.2-308.2 , the Commonwealth must prove that the offender knowingly and intentionally possessed the firearm. Possession can be actual or constructive. 999 counterfeit pressed pills containing fentanyl; Approximately 723 grams of methamphetamine; 665 grams of N,N-dimethylpentylone, a federally unscheduled substance similar to MDMA. A convicted felon in Fairfax County may spend the rest of his life in prison for conspiring to distribute hundreds of grams of methamphetamine and fentanyl in Virginia, police say. Torrence also had $352 in his pocket. A locked padlock KNIGHTSTOWN - Monday morning troopers from the Indiana State Police Pendleton District made an arrest of a felon in unlawful possession of a firearm on Interstate 70 in Henry County.. At . Law enforcement also discovered two 9mm pistols, magazines, ammunition, and a bulletproof vest in a gun safe in Matthews bedroom. All rights reserved. There are some circumstances in which a convicted felon can be guilty of constructive possession without ever handling the gun. Possession of a firearm by a felon is considered to be a felony crime in itself. Get information about how to check in with your local ICE Office here. Herndon, Crimes against property generally involve crimes directed at someones home; however, they also include crimes against personal property. Ketia Daniel, founder of BHM Cleaning Co., is BestReviews cleaning expert. Prosecutors made note that Brown has a lengthy criminal history, which includes multiple convictions for drug trafficking, as well as a conviction for possession of a firearm by a convicted felon. 46.04 discusses the unlawful possession of a firearm including restrictions on people with felony convictions. Felony murder, which is murder that takes place when defendant is committing an inherently dangerous felony. If a person was previously deemed or held in a mental health facility, if they were committed for that then they would be ineligible. An example of this would be if they borrowed a car knowing that it contained a gun, or if they were riding in a car that had a gun. According to the Department of Justice,. Ajee Whitter faces up to 15 years in prison. If you are found to unlawfully possess, use, transport, sell, carry, ship, receive, or distribute a firearm with a felony conviction on your record, you could face imprisonment of up to 5 years and fines of up to $5,000. A lock ( This statute also criminalizes possession of ammunition, stun weapons, explosives, or concealed weapons in Virginia by a convicted felon. 18.2-308.7. During a traffic stop yesterday on the 4200 block of Hollywood Avenue, police detained forty year old Artis . If the offender was previously convicted for a violent felony, he will be punished with a mandatory minimum, consecutive sentence of 5 years in prison. Additionally, there are crimes against property, and crimes against a person. Call 1-866-DHS-2-ICE to report suspicious activityReport Crime, Learn facts about U.S. Immigration and Customs Enforcement. Below Other Below. Possession of deadly weapons by minors; prohibitions. Assistant U.S. Attorney Darryl J. Mitchell prosecuted the case. Prince William Virginia Womens Attorneys Association Christmas party! By calling a Virginia firearm lawyer, you can increase your chances of having the desired outcome that you are looking for. Class 5 felonies in Virginia are punishable by: Call 479-222-6773 to schedule a free consultation. 197. 2923.13 (A) (2) prohibits possession if one has been convicted of an "felony offense of . The mandatory minimum terms of imprisonment prescribed for violations of this section shall be served consecutively with any other sentence. at 230-31. Assistant U.S. Inside the bag, investigators found a 9mm semiautomatic ghost gun loaded with a 50-round drum magazine, along with another loaded stick magazine. An officer running after him reportedly saw Torrence throw a black object from his hand. Copyright 2023 Nexstar Media Inc. All rights reserved. Have a question about Government Services? Tysons & Officers then detained Green and recovered the firearm. Commonplace in the United States is a distinction It is generally punishable by a prison sentence ranging from one to three years; again, largely depending on state laws. 90-351, 82 Stat. So a felony committed between 14-18 revokes your firearm rights until you are 30. A copy of this press release is located on the website of the U.S. Attorneys Office for the Eastern District of Virginia. Legally speaking, someone can be in possession of a firearm, without ever touching it.