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Richmond Lawyer for Gun Charges

Gun Charges Require Expert Defense. Cody Villalon Lawyer Fights For Your Rights.

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Have You Been Accused of a Gun Crime?

Our Gun Charges Lawyer Can Protect Your Rights

Gun laws are complicated and can be difficult to understand. It can be easy to find yourself on the wrong side of the law even when you don’t realize you are doing something illegal.

If you’ve found yourself in a bad situation and need a lawyer for gun charges, Cody Villalon can help. When you hire him as your gun lawyer, he can help you understand your charges and help you resolve them as quickly and advantageously as possible.

Cody Villalon is an experienced criminal defense attorney who has been serving Richmond, Virginia, and surrounding areas for more than a decade. If you need a defense attorney when you face gun charges, call us at 804.316.0765 to learn how we can help you.

Gun Charges Are Serious

Understanding What You Are Up Against

While the Second Amendment guarantees the right to bear arms, many states have legislation intended to regulate private possession and use of firearms. Violating gun laws can get you arrested and processed through the judicial system. Many gun crimes carry serious mandatory prison sentences.

Penalties for gun law crimes range from losing your weapon to a possible prison sentence. It is important to know the potential consequences you may be facing. It is also important to have a gun possession lawyer fighting to protect your rights.

Why Use Cody Villalon as Your Lawyer for Gun Charges?

Cody is a hard worker who cares deeply about his clients and their needs. He is the only attorney in his firm, so you can rest assured that your case will never be passed off to someone else.

Cody takes every case personally. He is driven by the belief that every person charged with a crime deserves a vigorous defense and should be treated with dignity. He will walk you through every step of the legal process, fighting aggressively for you.

Call Cody Villalon today at 804.316.0765 to address your questions and concerns.

How Is a Gun Defined Under Virginia Law?

Virginia law is very specific in its definition of a gun. For the purposes of gun charges, the following are legally considered firearms:

  • Pistols
  • Revolvers
  • Shotguns
  • Rifles
  • Any other weapon designed to propel a missile of any kind caused by an explosion of any combustible material.

Although these are common sense definitions for most, Virginia statutes strive to be as exact as possible. This specificity is meant to prevent any questions for law enforcement and those accused of crimes. A possession of firearm attorney can help you understand any parts of Virginia law that may be unclear.

Gun Crimes in Virginia

The Commonwealth of Virginia has several laws regulating guns and other weapons in its statutes. These statutes define firearms and describe the specifics of who may or may not own a weapon, as well as how you can legally obtain a gun.

Criminal laws related to firearms clarify what constitutes a gun crime and what the consequences are for breaking these laws.

Unlawful Discharge of a Firearm

In Virginia, shooting a gun in a public space or inside a building is a crime. If even one occupant is inside the building and you place them in danger by discharging your weapon, you become guilty of a felony. If you find yourself in such a situation, consulting a Richmond felony lawyer can be crucial to understanding your rights and legal options.

The details of the event can affect the severity of the charges and related punishment.

If you fired your gun but had no intention of causing harm, you might be guilty of a class 6 felony and can be sentenced to prison for one to five years.

If the firing of your gun was considered to be malicious, or you had the intent to cause harm, this crime becomes a class 4 felony. You could face a penalty of two to ten years in prison and a fine of up to $100,000.

If the shooting causes death, of course, the charges can increase to second- or even first-degree murder.

If you have been charged with unlawful discharge of a weapon and need a Richmond gun charge lawyer, call Cody Villalon today at 804.316.0765.

Persons Prohibited from Owning a Gun (Firearm Felon)

If you’ve been previously convicted of a felony, it is unlawful for you to intentionally possess or transport guns or ammunition in Virginia. Violating this law can be classified as a class 6 felony that can be punished with a mandatory two-year prison sentence if you have a felony conviction within 10 years of the offense. If your earlier felony was violent, no matter how old it is, the punishment can increase to a mandatory five years in prison. If you’ve been charged with a violent offense, consulting a violent offense charge lawyer is crucial.

Drugs and Guns

If you have a gun in your possession while at the same time having illegal drugs, you are facing mandatory incarceration.

Possessing a firearm while also possessing a controlled substance results in at least two years of mandatory prison time. If you possess a firearm while being involved in the distribution of schedule I/II drugs you can be sentenced to a mandatory five years in prison. In these situations, certain defenses might be employed, but you’ll need an experienced defense attorney like Cody Villalon to help. If you find yourself in such a predicament, consulting a Richmond drug possession lawyer is essential.

Reckless Handling of a Weapon

If you have become comfortable handling a gun, it can be easy to forget the fear it causes for others. If you handle a weapon in a way that can be considered careless, you could be guilty of a class 1 misdemeanor. A Richmond misdemeanor charge lawyer can provide further guidance on the potential consequences of such actions.

If the careless handling of your gun puts another person in danger, you could be punished with up to 12 months in jail and/or a fine of up to $2,500.

Concealed Gun Laws

If a firearm is not visible from a point of common observation and is carried on or about the person, a concealed weapon charge could potentially be issued.  There are a number of exceptions to this rule about where the gun is stored and those with concealed weapon permits can be exempt in certain circumstances.  Even if someone can legally possess a firearm, they can still be charged based on the manner that they keep the gun. These charges are taken seriously and there are a number of variations. A first offense is a misdemeanor and a second or subsequent offense is a felony. It is important to consult and attorney knowledgeable about these laws to form a defense.

Use of a Firearm in the Commission of a Felony

Certain enumerated felonies are made even more severe if they are accomplished with the use of a firearm. For a first offense, a violation of this law will result in a mandatory three-year prison sentence. Those facing charges might consult with a probation violation lawyer to understand their rights and options. A second offense, even if it occurred during the same event, carries a mandatory five-year prison sentence. These laws make already serious crimes even tougher if the Commonwealth is able to get a conviction.

Firing a Gun from a Vehicle

Under Virginia law, if a driver or passenger in a motor vehicle intentionally fires a gun, it can be classified as a class 5 felony. Even if another person on the road felt afraid that you were going to cause injury or death, you can be charged. In Virginia, guns and vehicles are not a good combination.

How Our Richmond Gun Charge Lawyer Can Help You

If you’ve been charged with a gun crime, you are in a serious situation. This is not something you want to take lightly. Whether it’s a simple possession charge or you’ve been accused of using your gun in a serious crime, you need a trusted legal defense who can advise you on your best course of action and fight for your defense.

With Cody Villalon as your gun lawyer, you can expect him and his team to:

  • Listen to your side of the story and look for the best possible defenses based on your gun charges.
  • Look for mistakes made by police and prosecutors in the investigation and handling of your case.
  • Make sure you are prepared for any hearings or court appearances.
  • Ensure that all timelines are followed for paperwork filing, hearings, and court appearances.
  • Negotiate vigorously with prosecutors to seek dropped or reduced charges and lesser punishments.
  • Build a solid defense that can be presented at trial if that becomes necessary.

Defending yourself against criminal charges requires the skills of a seasoned attorney. If you need a possession of firearm attorney or representation for any other gun charge, call Cody Villalon at 804.316.0765 today.

Client Testimonial

”Cody is amazing! His communication is great, he follows through in a super friendly timely manner! He’s realistic & He really works with you, as long as you work with him! Thanks so much Cody, your assistance on this journey has been tremendous! – Keshirl Cofield (Google Review)

Frequently Asked Questions for Our Richmond Gun Lawyer

Being charged with any crime can be a frightening experience. Since gun crimes can be punished severely, these kinds of charges can be especially unnerving. Cody Villalon receives a lot of questions related to gun laws. Here are answers to commonly asked questions.

Can I Openly Carry a Gun in Virginia?

Yes, you can openly carry a firearm in Virginia except in a courthouse, school, event, airport or church. You also must be able to legally possess a firearm in the first place. A gun possession lawyer can help you understand what places are prohibited from open carry.

Do I Have to Register My Gun in Virginia?

The only gun you must register under Virginia law is a machine gun. If you purchase a machine gun, it must be registered with the Department of State Police within 24 hours. A possession of firearm attorney can help with this.

What If My Gun Is a Fake?

Firearm replicas are not generally restricted in the Commonwealth of Virginia. Replica weapons are restricted only to certain locations. In addition, if they are used while a crime is being committed, charges and punishments can result. Many gun crimes in Virginia can still be charged even if the gun does not function or is not real. The fact it is not a “real” gun does not mean the matter is not serious.

Should I Take a Plea Deal?

This depends on all of the circumstances involved in your case. To best advise you, we would need to understand every detail surrounding your arrest. Once we have an understanding of your specific situation, we can advise you whether a plea agreement is your best choice.

How Much Does a Gun Lawyer Charge?

The legal fees for your case will depend on the severity of your charges, and the time it will take to provide you with the best possible defense.

Cody Villalon offers a free first consultation to discuss your gun charges. During that consult, we will work to understand your case and determine what we think will be required to bring a resolution. Before we proceed any further, we will provide you with a quote for our services and outline fee structure options.

Defense Strategies for Gun Charges

Defense strategies for gun charges vary, depending on the charges you face. If you’re charged with a gun crime, a Richmond gun charge lawyer can argue:

  • The weapon used is not prohibited by law.
  • The person who fired the weapon didn’t mean to fire it.
  • The gun was fired in self-defense.
  • The evidence was illegally obtained.
  • There was no malicious intent.

Gun possession lawyers know that sometimes law enforcement and prosecutors can make mistakes in their evidence gathering and their assumptions. Our seasoned Richmond criminal lawyer will be able to use these mistakes to your advantage when building your defense.

For the Best Defense Against Gun Charges, Call Cody Villalon

Cody Villalon is convinced that everyone is guaranteed rights under the law. Those rights can quickly erode unless people are willing to fight for their defense.

Cody is proud of his 12 years as a lawyer for gun charges and other crimes. He offers aggressive defense and strong legal representation for those accused of crimes to ensure the fair treatment guaranteed by our constitution.

If you’ve been charged with a gun crime, your future is at risk. Don’t wait to call us at 804-316-0765 for a free consultation. We will work to understand your case and tell you the ways we can help. The sooner you call, the sooner you can feel the relief of knowing someone is fighting for you.

Attorney Cody Villalon Richmond, VA


Cody Villalon is a criminal defense attorney in Richmond, VA representing clients accused of violent offenses and DUIs, and he specializes in serious criminal charges. He possesses more than 10 years of legal experience, has defended more than 1,000 cases, and has spent more than 5,000 hours in court. He is highly professional and well-respected by prosecutors and judges. [ Attorney Bio ]


  • Virginia Criminal Defense Assoc.
  • Best Defense Award
  • Best DUI Lawyer Award
  • Best DUI Lawyer Award
  • Top Lawyer Reviews