Weapons Offenses

Weapons Offenses

Attempted Malicious Wounding and Use of a Firearm in the Commission of Attempted Malicious Wounding (Felony Offenses) - CHARGES DISMISSED 
Our client retained us after being charged with four offenses in Northampton County: Reckless Handling of a Firearm (misdemeanor), Discharge of a Firearm in Public (misdemeanor), Attempted Malicious Wounding (felony), and Use of a Firearm in the Commission of Attempted Malicious Wounding (felony). The charges stemmed from a large-scale altercation inside and in the parking lot of a popular restaurant and bar on US-13 in Northampton County. Our client was viciously beaten by a mob of alleged gang members inside of the establishment. It was alleged that he retreated to a vehicle in the parking lot, retrieved a firearm, and fired into the crowd. During the altercation in the parking lot, our client was shot in the shin. Various pieces of evidence were obtained from the scene linking our client to the discharge of a weapon. Several of the individuals involved in the assault upon our client were charged and later convicted of felonious mob assault and related offenses. A month after the incident our client was questioned by the chief of police of the small town where the incident occurred, and was subsequently booked on the charges. After being denied bond in General District Court while represented by a court-appointed attorney, we were retained and were successful in having a bond granted to our client. Leading up to trial, the Commonwealth Attorney of Northampton County refused to plea bargain the case at all – he would not consider a guilty plea to misdemeanor offenses. Prior to trial, we filed a motion to suppress an incriminating statement made by our client during the interrogation process. After a full hearing on the motion, the judge GRANTED our motion to suppress, and barred the prosecution from introducing any statements made by our client as they were obtained in violation of our client’s constitutional rights. During the trial, at the close of the Commonwealth’s case, the judge GRANTED our motion to strike the Commonwealth’s evidence and DISMISSED the two felony charges, holding that the Commonwealth failed to meet their burden of proof. At the close of trial, the judge found our client NOT GUILTY of one of the two remaining misdemeanor offenses, convicting him only of discharging the firearm in public, a misdemeanor.

Retired Civil Service Employee, Charged with Felony Offense for a False Statement on Criminal History and Misdemeanor for Possession of Gun- CHARGES DISMISSED 
A recently-retired civil service employee and former Navy sailor, with over thirty-five years of government service, retained our firm after being charged with two offenses in Virginia Beach. In attempting to purchase a handgun at a gun show, our client answered "no" to a question on the firearm consent form in response to a question of whether he had been involuntarily committed in the past. Even though our client merely forgot that he had been admitted for alcohol abuse for a brief period several years prior after a DUI, he was charged with the felony offense of making a false statement on a criminal history consent form, and the misdemeanor offense of gun possession by a person involuntarily committed. A conviction on the felony charge would have resulted in him being a convicted felon, as well as up to 10 years in prison, and the misdemeanor carried a possible jail term of up to 12 months. The prosecutor refused to offer any type of plea to only a misdemeanor, and our client likewise steadfastly insisted that he did not want any conviction on his record. Prior to the preliminary hearing, we pointed out to the prosecutor that our client never actually possessed the weapon, so he was improperly charged with the misdemeanor; and the prosecutor agreed and dismissed the misdemeanor, leaving only the felony offense. At the trial date in circuit court, we entered a no contest plea, and stipulated that the evidence was sufficient to convict our client of the felony offense. We requested that the judge not find him guilty at that point, but take the matter under advisement until the sentencing date several months later. Additionally, we presented a brief to the court laying out the legal authority for our request and our position to the Court. The judge granted the request and took the matter under advisement until the pre-sentence report was completed. At the sentencing date, we presented evidence and argument to the Court relating to our client's good character and impeccable history of service to the country, his health problems, and the unique factual scenario of the case. Upon our request, the judge granted our client a DEFERRED FINDING on the felony charge, whereby the felony charge will be DISMISSED one year from the sentencing date if our client complies with certain conditions.

Retired Navy E6 Facing Felony Weapons Offense - CHARGES DISMISSED 
A retired Navy E6 retained the law firm of McCormack & McCormack when he was arrested coming back in the country on two felony charges alleging that he was a convicted felon and attempted to purchase a firearm in Norfolk. Immediately upon meeting with our client, we became concerned with the basis of the allegations as our client was in the intelligence field throughout his service and maintained an active clearance even upon retirement. The supposed felony offense which formed the basis of the charges was purported to have occurred prior to his enlistment, which further concerned us. Once our client was released on bond, we addressed our concerns with the prosecutor. After extensive investigation into the prior allegations, the prosecutor agreed to DISMISS all charges prior to trial.