Concealed Weapon Lawyer in Augusta County, Virginia — What Are Your Defense Options?
Carrying a concealed weapon without a permit in Augusta County is a Class 1 misdemeanor under Va. Code § 18.2-308, punishable by up to 12 months in jail and a $2,500 fine. A concealed weapon lawyer Augusta County from Law Offices Of SRIS, P.C. provides defense for these serious charges.
Last verified: April 2026 | Augusta County General District Court | Virginia General Assembly
Virginia Law on Concealed Weapons
Virginia law strictly regulates the carrying of concealed weapons. The primary statute, Va. Code § 18.2-308, makes it illegal to carry about your person any hidden weapon, including firearms, dirks, bowie knives, switchblade knives, ballistic knives, machetes, razors, or any weapon of like kind, without a valid permit. A valid concealed handgun permit (CHP) is a defense to prosecution. However, even with a permit, carrying a concealed weapon in prohibited places like schools, courthouses, or airports remains a crime. The statute also outlines specific prohibitions for convicted felons and other ineligible persons. Understanding the precise elements the Commonwealth must prove is the first step in building a strong defense with a concealed weapon lawyer Augusta County.
Official Legal Resources
For the full text of the law, refer to Va. Code § 18.2-308 (official Virginia General Assembly website). Court procedures and forms for Augusta County can be found at the Augusta County General District Court website.
Augusta County Court Process for Weapons Charges
In Augusta County, concealed weapon charges are prosecuted by the Commonwealth’s Attorney and heard at the Augusta County General District Court located at 6 East Johnson Street, 2nd Floor, Staunton. The court handles all misdemeanor trials. For a concealed carry violation lawyer Augusta County, a key procedural fact is that defendants have an absolute right to a jury trial in Circuit Court for any offense carrying potential jail time. This means a misdemeanor charge can be appealed to Augusta County Circuit Court for a jury trial.
- Secure legal representation immediately after arrest or receiving a summons.
- Your attorney will obtain discovery, including police reports and evidence.
- We will file pre-trial motions to challenge the legality of the stop or search.
- Negotiate with the Commonwealth’s Attorney for a reduction or dismissal.
- Prepare for and conduct a bench trial in General District Court if necessary.
- If convicted, exercise the right to appeal for a jury trial in Circuit Court.
Potential Penalties for Weapons Charges
In Augusta County, a concealed weapons violation carries significant penalties that can include jail time, fines, and a permanent criminal record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Carrying Concealed Weapon (First Offense) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Potential loss of CHP | Permanent criminal record |
| Carrying Concealed Weapon (Subsequent) | Class 6 Felony | 1-5 years (or up to 12 months) | Up to $2,500 | Loss of firearm rights | Felony record |
| Carrying on School Property | Class 6 Felony | 1-5 years (mandatory min. may apply) | Up to $2,500 | Loss of firearm rights | Enhanced penalties |
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 firm-wide track record includes 4,739+ documented case results with a 93%+ favorable outcome rate. We understand the severe implications of a weapons charge on your record, future employment, and right to bear arms. Our team includes former prosecutors and law enforcement professionals who know how the other side builds a case.
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
Documented Case Results
Law Offices Of SRIS, P.C. has 13 total documented case results across all practice areas in Augusta County, reflecting our active presence and understanding of the local court system. Our weapons charge defense lawyer Augusta County team, led by Bryan Block and supported by Mr. Sris, meticulously analyzes each case to identify procedural weaknesses and challenge evidence effectively.
Results may vary. Prior results do not guarantee a similar outcome.
Concealed Weapon Defense Near Augusta County
Our Shenandoah/Woodstock location serves clients at the Augusta County courts in Staunton. We are a trusted concealed weapon lawyer near Augusta County, accessible via I-81 and I-64. We serve the communities of Staunton, Waynesboro, Fishersville, Stuarts Draft, Verona, and Churchville.
Availability: 24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C. — Shenandoah/Woodstock
505 N Main St #103, Woodstock, VA 22664, United States
Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions
What is the penalty for carrying a concealed weapon without a permit in Augusta County?
It is a Class 1 misdemeanor, punishable by up to 12 months in jail and a $2,500 fine. A second offense is a Class 6 felony, carrying 1-5 years in prison. These charges create a permanent criminal record.
Can I get a concealed weapons charge expunged in Virginia?
It depends. Virginia allows expungement only for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most convictions, including for concealed weapons, cannot be expunged. The petition is filed in Augusta County Circuit Court.
Do I need a lawyer for a concealed carry violation in Augusta County?
Yes. These are serious charges prosecuted by the Commonwealth’s Attorney at Augusta County General District Court. Even a misdemeanor carries up to a year in jail and creates a permanent record visible to employers and licensing boards.
What are common defenses to a concealed weapon charge?
Defenses include having a valid concealed handgun permit, challenging the legality of the police stop or search, arguing the weapon was not “hidden,” or demonstrating you were on your own property. A weapons charge defense lawyer Augusta County can evaluate the specific facts of your case.
Where can I not carry a concealed weapon even with a permit in Virginia?
Prohibited places include any courthouse; public, private, or religious school property; airports; within any building of any hospital or nursing home; and any place of worship during a religious meeting. Carrying in these locations is a separate crime.
For more information, see our Virginia Criminal Defense hub page. We also assist clients in nearby jurisdictions like Shenandoah County and Rockingham County. If you are facing other charges, consider our Augusta County DUI lawyer or Augusta County family law attorney.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.