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Felon In Possession of Firearm - Constructive Possession Enough
November 29, 2009
Topic: Weapons Charges
Felon In Possession of Firearm - Constructive Possession Enough - Fairfax Virginia Criminal Defense Lawyer / Attorney
In Smallwood v. Commonwealth, the Virginia Supreme Court recently confirmed that in a prosecution for possession of a firearm after having been convicted of a felony in violation of Code § 18.2-308.2, the Commonwealth presented sufficient evidence to support conviction based on joint constructive possession of a handgun resting on a console between two front seats of a vehicle the defendant was driving. The Court, therefore affirmed the judgment of the Court of Appeals upholding the conviction.
The penalty for a violation of possessing a firearm after being convicted of a firearm can be harsh. Depending on the conviction, the penalty can be up to a 5 year mandatory minimum prison sentence. Therefore, it is critical that every possible defense be pursued at trial. As Smallwood decision showns, you cannot rely on appellate courts to undo a conviction once it has occurred. What is needed is an aggressive and informed defense at trial.
Firearm and other weapons charges often arise in conjunction with drug distribution crimes or drug possession with intent to distribute (PWID) charges. To speak with a Fairfax or Northern Virginia firearm and drug felony criminal defense lawyer, contact Manikas Law LLC. Visit our main website or call us at 703-873-7473 or 888-503-8075 | We offer a free, no obligation consultation by former prosecutor Kyle G. Manikas. Serving Fairfax County, Prince William County (including all Manassas courts), Loudoun County (including Leesburg), and other parts of Northern Virginia. (Arlington, Alexandria, Annandale, Burke, Centreville, Chantilly, Fort Belvoir, Fairfax City, Falls Church, Herndon, Burke, Vienna, Great Falls, Lake Barcroft, Lorton, McLean, Merrifield, Mount Vernon, Springfield, Oakton, Reston, Woodbridge, and other areas).
Attachments:
VASupCt-Smallwood.pdf
