Concealed Weapon Lawyer in Fauquier County, Virginia
A concealed weapon charge in Fauquier County is a serious Class 1 misdemeanor under Va. Code § 18.2-308, carrying up to 12 months in jail and a $2,500 fine. As a concealed weapon lawyer Fauquier County, Law Offices Of SRIS, P.C. provides a strong defense for charges involving hidden firearms and other weapons.
Last verified: April 2026 | Fauquier County General District Court | Virginia General Assembly
Virginia Law on Concealed Weapons
Carrying a concealed weapon without a valid permit is illegal in Virginia. The primary statute, Va. Code § 18.2-308, defines a concealed weapon as any weapon hidden from common observation, including handguns, dirks, bowie knives, switchblades, and brass knuckles. A valid Concealed Handgun Permit (CHP) is a defense to a charge of carrying a concealed handgun, but not for other prohibited weapons. The charge is a Class 1 misdemeanor, with penalties including jail time, fines, and a permanent criminal record.
Local Court Process in Fauquier County
Your case will begin at the Fauquier County General District Court located at 6 Court Street in Warrenton. The Commonwealth’s Attorney prosecutes these charges. An experienced weapons charge defense lawyer Fauquier County can challenge the legality of the stop, the search that discovered the weapon, and the element of “concealment.” Successfully arguing that the weapon was not hidden from common observation can lead to a dismissal.
- Secure representation immediately after arrest or receiving a summons.
- Your attorney will file for discovery to review the police report and evidence.
- A motion to suppress evidence may be filed if the search was unconstitutional.
- Negotiate with the prosecutor for a reduction or dismissal based on the evidence and circumstances.
- Prepare for trial in Fauquier County General District Court if a favorable plea cannot be reached.
Potential Penalties for a Concealed Carry Violation
In Fauquier County, a concealed carry violation is a Class 1 misdemeanor punishable by up to 12 months in jail, a fine of up to $2,500, and loss of the right to carry a firearm.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Carrying Concealed Weapon (First Offense) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Revocation of CHP; future firearm rights impacted | Permanent criminal record |
| Carrying Concealed Weapon (Subsequent Offense) | Class 6 Felony | 1 to 5 years, or up to 12 months | Up to $2,500 | Permanent loss of firearm rights | Felony record |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our “Advocacy Without Borders” philosophy means we fight aggressively for your rights. We have a documented record of favorable outcomes across Virginia, including challenging weapons charges. Our deep familiarity with the Fauquier County court system and its personnel allows us to build the most effective defense strategy for your situation.
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Case Results and Client Advocacy
Our firm has a documented history of achieving positive results for clients facing serious charges. For instance, we have successfully had charges like reckless driving and driving on a suspended license amended to lesser offenses or dismissed. While specific results for concealed weapon cases in Fauquier County are not listed here, our systematic approach to challenging evidence and negotiating with prosecutors applies across all criminal defenses. Mr. Sris, the firm’s founder, provides strategic oversight on complex cases.
Results may vary. Prior results do not guarantee a similar outcome.
Concealed Weapon Defense Near Fauquier County
Our Fairfax location serves clients in Fauquier County and is accessible via I-66, Route 29, and Route 17. We are your local concealed weapon lawyer near Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
FAQs: Concealed Weapon Charges in Fauquier County
What is the penalty for a concealed weapon charge in Fauquier County?
It is a Class 1 misdemeanor. The penalty is up to 12 months in jail and a fine of up to $2,500. A second offense becomes a Class 6 felony.
Can I get a concealed weapon charge expunged in Virginia?
It depends. Under Va. Code § 19.2-392.2, you can petition for expungement if you were acquitted, the charge was dismissed, or a nolle prosequi was entered. A conviction for a concealed weapon charge generally cannot be expunged.
Do I need a lawyer for a concealed carry violation in Fauquier County?
Yes. The potential for jail time and a permanent criminal record is significant. A concealed carry violation lawyer Fauquier County can challenge the stop, search, and the definition of “concealed,” often skilled to reduced or dismissed charges.
What’s the difference between GDC and Circuit Court for my case?
Your concealed weapon misdemeanor trial will be in Fauquier County General District Court (GDC). If you are charged with a subsequent offense felony, or if you appeal a GDC conviction, your case moves to Fauquier County Circuit Court for a jury trial.
What should I do if I’m charged with a concealed weapon?
Do not speak to law enforcement without an attorney. Contact a weapons charge defense lawyer Fauquier County immediately. We offer 24/7 consultations at (888) 437-7747 to protect your rights from the very start of your case.
For more information, see the Fauquier County General District Court website. If you are facing other charges, learn about our work as a Fauquier County criminal defense lawyer or explore our Virginia criminal defense hub.