Use of a Firearm in Crime of Violence lawyer Virginia Beach, VA

Federal charges for use of a firearm in a crime of violence are among the most serious a person can face. If you are under investigation or have been indicted in connection with an alleged violent offense involving a gun—whether it occurred in Virginia Beach, Norfolk, or anywhere in the Eastern District of Virginia—you need experienced federal defense counsel immediately. The U.S. Attorney’s Office prosecutes these cases actively, and the statutory framework carries the potential for severe mandatory sentences stacked on top of the underlying charge. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. defend clients facing these high-stakes allegations. To discuss your situation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What a Federal Firearm Charge Means in Virginia Beach

Virginia Beach lies within the Eastern District of Virginia, one of the nation’s busiest and most demanding federal jurisdictions. Cases arising in the city are typically heard at the Norfolk Division of the U.S. District Court, located at 600 Granby Street. The office of the U.S. Attorney for the EDVA has a reputation for pursuing firearm‑related charges with rigor, often seeking sentencing enhancements that can dramatically lengthen a defendant’s exposure.

A charge under 18 U.S.C. § 924(c) makes it a separate federal crime to use, carry, or possess a firearm “during and in relation to” a crime of violence or a drug trafficking crime. The statute treats the gun offense as distinct from the underlying crime, meaning a conviction can result in a prison term that runs consecutively to any other sentence. This stacking feature can make the total incarceration period far greater than what the underlying offense alone would carry. Understanding how this structure interacts with the U.S. Sentencing Guidelines—and how a judge’s discretion operates after United States v. Booker—is central to building a defense that protects your freedom.

Federal investigations here often involve multiple agencies, including the FBI, DEA, and ATF. Evidence may be gathered over weeks or months before an arrest, and grand jury indictments are the rule, not the exception. The procedural landscape—initial appearance, detention hearing, pre‑trial motions, and possible trial—moves quickly. Having counsel who knows the local rules and the expectations of the Norfolk bench is critical.

How Mr. Sris and His Of Counsel Handle Firearm‑in‑Violence Cases

Defending a federal § 924(c) charge requires a thorough, case‑specific approach. Mr. Sris and his Of Counsel begin by evaluating every piece of the government’s evidence: the search warrant and the basis for any stop, the chain of custody of the weapon, forensic reports, and witness statements. They scrutinize whether the government can prove the required nexus between the firearm and the alleged violent act. The statute demands that the firearm was used during and in relation to a crime of violence; if that link is weak or lacks foundation, suppression or dismissal may be possible.

Where the government’s case is strong, the focus shifts to mitigation and negotiation. Mr. Sris and his Of Counsel work to identify factors that can influence a prosecutor’s charging decisions—lack of criminal history, the client’s role in the offense, or cooperation that may warrant a downward departure under the safety valve or substantial‑assistance provisions. They also prepare for sentencing early, engaging attorneys and gathering documentation that can humanize the client and argue for a variance from a guidelines range that may otherwise be punishing. At every stage, the goal is to minimize the client’s exposure and bring about the trusted feasible resolution.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background as a former prosecutor gives him insight into how the government constructs its cases, which he uses to anticipate the prosecution’s strategy and identify weaknesses early. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is supported by a team of Of Counsel attorneys who bring additional federal‑court experience and a collaborative approach to every matter. Together, Mr. Sris and his Of Counsel bring extensive combined legal experience. Results may vary.

Reviewed by Mr. Sris, Owner and Founder

Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York

Practicing since 1997

Frequently Asked Questions

How does a Virginia lawyer defend against a federal charge of using a firearm in a crime of violence?

Defending a § 924(c) charge often involves challenging the government’s proof that the firearm was used “during and in relation to” a crime of violence. An experienced attorney will examine whether the search was lawful, whether the weapon was properly tied to the defendant, and whether the alleged underlying offense qualifies as a “crime of violence” under current case law. In appropriate cases, the defense may argue that the firearm was not actively used in the crime or that the defendant did not possess it at the relevant time. Pre‑trial motions to suppress evidence or dismiss the § 924(c) count can significantly change the trajectory of the case.

What should I do if I am being investigated for a firearm‑related federal crime in Virginia Beach?

If you suspect you are under investigation, the most important step is to exercise your right to remain silent and contact a federal defense attorney immediately. Do not speak with law enforcement agents, even if they appear friendly or suggest that cooperation will help. Federal agents often use interviews to build their case long before charges are filed. An attorney can communicate with the government on your behalf, help preserve potentially exculpatory evidence, and advise you on whether a proactive defense strategy is appropriate. Early intervention can sometimes forestall an indictment or shape the terms of a later plea negotiation.

How long does a federal firearm case take in Virginia?

The timeline for a federal firearm case in the Eastern District of Virginia can vary widely influenced by the complexity of the investigation and the court’s calendar. Under the Speedy Trial Act, an indictment generally must be returned within thirty days of arrest, and trial must commence within seventy days of indictment, but many delays are excluded—for example, while pretrial motions are pending or when the parties agree to continuances. A straightforward case may be resolved in months, while a complex multi‑defendant conspiracy could take a year or longer. Mr. Sris and his Of Counsel work to move the case forward efficiently while ensuring every legal avenue is explored.

What sentencing exposure do I face for using a firearm in a violent federal crime?

A conviction under 18 U.S.C. § 924(c) carries significant mandatory minimum prison terms that must be served consecutively to any other sentence. The exact length depends on how the firearm was used—brandishing, discharging, or mere possession—and whether the defendant has a prior § 924(c) conviction. In addition, the U.S. Sentencing Guidelines may recommend a range that is substantially higher than the mandatory floor. Because there is no parole in the federal system, a defendant serves most of the sentence imposed. An attorney can explore whether safety‑valve relief or a substantial‑assistance motion to the prosecutor can reduce the mandatory minimum.

Do I need a lawyer if I am only a suspect, not charged yet?

Yes—engaging an attorney during the investigation phase can be critical to protecting your rights and influencing whether charges are ever filed. Federal agents may seek to interview you, execute a search warrant, or subpoena records. An attorney can advise you on how to respond, assert your Fifth Amendment privilege, and negotiate the scope of any cooperation. In some cases, counsel can present exculpatory evidence to the prosecutor before a grand jury hears the case, potentially avoiding an indictment. Reaching out early helps you avoid missteps that could harm your defense later.

What makes a federal firearm charge different from a state gun charge?

Federal firearm charges under § 924(c) are prosecuted by the U.S. Attorney’s Office and carry mandatory consecutive sentences, whereas Virginia state gun charges are governed by the Virginia Code and typically allow more flexibility in sentencing. Federal court procedures are also distinct: cases move under the Federal Rules of Criminal Procedure, and the Sentencing Guidelines impose a structured framework. Additionally, the resources and investigative tools available to federal agencies—wiretaps, multi‑district grand juries, and specialized task forces—can make these cases particularly daunting. An attorney familiar with both systems can help you navigate the differences.

Official resources:
Virginia Judicial System |
U.S. District Court, Eastern District of Virginia |
18 U.S.C. § 924 — Legal Information Institute

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