Firearms & Weapons Case Study
Whether the firearm was used 'in the commission of a felony' for purposes of the § 18.2-53.1 enhancement.
The court reversed the § 18.2-53.1 enhancement, finding that the firearm was not used 'in the commission of' the underlying felony because it was not displayed, brandished, or employed in any way during the commission of the offense. The court held that mere possession of a firearm during a felony is insufficient to trigger the enhancement.
The § 18.2-53.1 firearm enhancement adds a mandatory minimum consecutive sentence of three years to any felony conviction. This case establishes that the firearm must actually be used — not merely possessed — during the commission of the felony. D.J. Rivera challenges firearm enhancements by scrutinizing the evidence of how the firearm was used during the alleged offense.
This case involves § 18.2-53.1 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.
D.J. Rivera applies the lessons of cases like this one to defend clients throughout Richmond and Northern Virginia. Free consultation available 24/7.
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