The Commonwealth has various statutes that govern Virginia gun offenses. The statutes delineate what constitutes a weapon or firearm, who can possess the weapon, and what processes the owner must go through to obtain and maintain a firearm legally. Further, criminal laws address what actions constitute a Virginia weapons offense and the commiserate punishment for violating a statute. These laws typically involve the complicated interplay between various statutes, and it is essential that those accused of a Virginia gun offense contact a dedicated criminal defense attorney.
For example, recently, the Court of Appeals of Virginia issued an opinion in the combined appeals of two defendants arguing that Virginia’s successive prosecution code bars their prosecutions for possession of a firearm by a convicted felon. In this case, two defendants argued that the court should dismiss their convictions for possession of a firearm as a convicted felon.
At issue was Virginia Code section 19.2-294, which covers dual charging. The code addresses limiting prosecutions in cases where double jeopardy is irrelevant. Specifically, if a defendant’s act is a “violation of two or more statutes or two or more ordinances,” conviction under one of the statutes or ordinances “shall be a bar to a prosecution proceeding under the other or others.” Moreover, if the offense is a violation of a statute and federal statute, prosecution under the federal statute will bar prosecution under the state statute. The statute is designed to prevent an accused from multiple prosecutions. However, unlike double jeopardy rules, the statute does not consider the elements of an offense, and instead limits prosecution to an act instead of a crime. It only applies if there has been a “conviction,” not just a proceeding or prosecution.