When he is sentenced in June, Brown will face a minimum penalty of 15 years in prison and a maximum of life behind bars. 15.2% of felon in possession of a firearm offenders were convicted of one or more statutes with a mandatory minimum penalty: 3.8% were sentenced under 18 U.S.C. Your Local Business Spotlight: Stafford County Theatre Group Fundraising Event https://youtu.be/bkM-8kus1KE via @YouTube. After a brief car chase which reached speeds of approximately 70 mph Torrence stopped his truck and attempted to run away into a patch of bamboo. A review of Whitters professorglockz Instagram account revealed numerous pictures of Whitter in possession of the gun, prosecutors noted. KNIGHTSTOWN - Monday morning troopers from the Indiana State Police Pendleton District made an arrest of a felon in unlawful possession of a firearm on Interstate 70 in Henry County.. At . According to court documents, on April 11, Whitter was arrested during an undercover sting operation conducted by the Fairfax County Police Department, during which he threw a suspicious bag into the back of a vehicle. Tysons & The driver later identified as Torrence was reportedly wearing a black ski mask. This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justices violent crime reduction efforts. Lock That is not true in Virginia. Felon in possession of a restricted weapon is a Class A misdemeanor. Courthouse in Springfield. If you or someone you know has been arrested or accused of felon in possession of a firearm, or any other misdemeanor or felony offense, please contact our firm for a free consultation so we can provide . PSN is an evidence-based program proven to be effective at reducing violent crime. Official websites use .gov of Title 54.1 to simultaneously with knowledge and intent possess any firearm. Phone: (703) 680-6969, Steve Duckett, Attorney at Law This can also happen in situations in which the firearm is in a truck or car. Possession with Intent to Distribute Marijuana, Possession of Marijuana on School or Other Public Property With Intent to Distribute, Distribution of Marijuana on School and Other Public Property, Distribution of Marijuana to Person Under 18, Causing Person Under 18 to Distribute Marijuana, Manufacturing Marijuana on School and Other Public Property, Third Offense Marijuana Distribution, Manufacturing, Possession with Intent to Distribute or Manufacture, Possession with Intent to Distribute A Controlled Substance, Distributing, Manufacturing, Possessing with Intent to Distribute Drugs on School and Other Public Property, Assisting Person in Unlawfully Procuring Prescription, Unlawfully Prescribing or Administering Drugs, Assault Based on Race, Religion, Color, National Origin, Malicious Bodily Injury of Law Enforcement Officer, Unlawful Bodily Injury of Law-Enforcement Officer, Intent to Commit Murder, Robbery, Rape, Arson, Intent to Commit Larceny, Assault and Battery, Other Felony, Possession of Firearm While Committing Certain Drug Offenses, Persons Prohibited From Possessing Firearms in Virginia. Army Colonel From Alexandria Awarded Medal Of Honor After Recom, Police ID Victim, Suspect In 'Deliberate' Petworth Library Murd, Children, Drugs Found In Manassas Marriott After Reports Of Unr. There are some instances in which a felons rights to own a gun can be restored. Possession can be actual or constructive. Joseph C. Murphy Jr., United States Attorney, announced the guilty plea on Tuesday. So a felony committed between 14-18 revokes your firearm rights until you are 30. 2. Following his arrest, officers returned to the tree area and found a Ruger 9mm semi-automatic pistol. Anyone convicted of a felony is prohibited from possessing a firearm in Virginia. Phone: (703) 348-3116. Whitter was previously convicted of felony robbery in Prince William County and is prohibited from possessing firearms and ammunition, they added. Keep in mind that some laws make distinctions between a felon possessing a gun, and a felon owning a gun. The Law Offices of David L. Powell can help if you or a loved one has been charged with Felon Possession of a Firearm in Arkansas or Oklahoma. An example of this would be how many states terminate professional licenses such as law licenses, and permits such as firearms permits. Share sensitive information only on official, secure websites. Possession of a firearm by a felon in Virginia is a separate felony that could be punished with mandatory minimum prison time under Va. Code 18.2-308.2. Generally speaking, felons are still allowed to associate with or be around someone who owns a gun. We interviewed our tech expert, Jaime Vazquez, to learn more about accessible smart home devices. RICHMOND, Va. - A Richmond man was sentenced today to 78 months in prison for being a convicted felon in possession of a firearm. Factors that make the classification of the crime a felony include: A person who is convicted of a felony faces prison time of over one year, as well as fines and penalties. Reston, 922(g)(1). Any person 29 years old or younger, who was adjudged delinquent as a minor older than 14 for an a offense that would be a felony other than mentioned above. The officers also recovered an additional 122 Clonazolam pills from a bottle near to where Torrence was arrested. Manassas, VA 20110 A Kalamazoo man has been sentenced to 70 months in federal prison for being a felon in possession of a firearm. Huet's co-defendant and paramour, Marvin E. Hall was charged with possession of a firearm by a convicted felon on or about January 11, 2008, in violation of Title 18, United States Code, Section 922(g)(1). Consequences of Violating Gun Laws After Felony Conviction. Eastern District of Virginia According to court records and evidence presented at trial, Rashon Torrence, 26, a convicted felon, threw a firearm during a foot pursuit with a Richmond Police Department officer. The victim may be able to recover monetary damages for: Commission of a felony carries additional penalties. That must be done by a court of law. That is not true in Virginia. Around midnight on January 3, 2022, officers saw a truck speeding in a residential area. Download the free 8News and StormTracker 8 mobile apps! An example of this would be if a defendant commits the felony of aggravated battery, and the victim suffers extensive injuries requiring medical treatment. An official website of the United States government. According to court documents, on June 27, 2018, Ronald Devon Matthews, 36, was convicted of carrying a firearm without a license, a felony, in Pennsylvania. Sentencing Guidelines and other statutory factors. 3. When investigators executed a search warrant at Browns home, police say that officers seized: Officials said that during an interview, Brown readily admitted that he and his cohort had been distributing fentanyl pills, methamphetamine, MDMA, and crack cocaine since January 2021. You may need to hire a criminal lawyer in your area for help with the specific felony firearm possession laws of your state. United States v. A lock ( The possession of any firearm by a person, or by a felony in Virginia will be a separate felony in this case and he could be punished by the authorities with some mandatory minimum of the time for the guy who is the prison under the time of Virginia law code 18.2-308.2. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. HSIs workforce of over 10,400 employees consists of more than 6,800 special agents assigned to 225 cities throughout the United States, and 93 overseas locations in 56 countries. However, this can be difficult to do, as the person may need to wait for several years after the conviction and maintain a clean criminal record afterward. Answer (1 of 4): Hum, lets look. A .gov website belongs to an official government organization in the United States. For a conviction with 10 years of any previous felony, there is a two year mandatory minimum sentence. 2:22-cr-110. Possession of a firearm by a felon in Virginia is a separate felony that could be punished with mandatory minimum prison time under Va. Code 18.2-308.2. The ATF Firearms Technology Branch determined that wo of the firearms were affixed with devices known as silencers or mufflers, which are illegal. This can happen if the convicted felon knew that the firearm was in the home or residence, and they had the ability to maintain control of the gun. The judge does not have the discretion to give a person less than the five years of prison time. 105 Oronoco St In Virginia, the maximum penalty for any misdemeanor is up to one year in jail and if one has a conviction for a misdemeanor in Virginia, they are allowed to possess a firearm. Sec. A copy of this press release is located on the website of the U.S. Attorneys Office for the Eastern District of Virginia. Torrence also had $352 in his pocket. A convicted felon with a nickname to match is facing more than a decade in prison after being busted with an illegal ghost gun, federal prosecutors announced. However, this can be complicated if the gun itself is around, or if the person who owns the gun lives with the convicted felon. This statute also criminalizes possession of ammunition, stun weapons, explosives, or concealed weapons in Virginia by a convicted felon. Ashland felon sentenced to five years for possession of a firearm The Herald-Dispatch Feb 3, 2023 The Tri-State's TRUSTED news source. Significant assistance was provided by the Isle of Wight Sherriffs Office. However, possession of a firearm by a felon in Virginia is punished with a mandatory minimum, consecutive sentence of 2 years in prison if he was convicted of a non-violent felony within the past 10 years. RICHMOND, Va. A Richmond man was sentenced today to 78 months in prison for being a convicted felon in possession of a firearm. The purpose of barring felons from owning firearms is not to remove their ability to go hunting or to defend themselves, but rather to deter or prevent the use of a firearm in order to commit a crime. Law, About Most of us are familiar with the rule that a convicted felon cannot possess a gun. When he is sentenced in June, Brown will face a minimum penalty of 15 years in prison and a maximum of life behind bars. Officers also recovered from Torrence 10 pills of methamphetamine and 44 pills of Clonazolam, a Schedule I controlled substance in Virginia. 2923.13 (A) (2) prohibits possession if one has been convicted of an "felony offense of . 14 901, 82 Stat. The Commonwealth has the burden to prove (1) that the defendant was convicted of a felony under any state or federal law and (2) that the defendant was in possession of a firearm or stun weapon as defined in 18.2-308.1 or explosive materials. Additionally, the above list can still allow felons the ability to go hunting. Present Police also recovered 10 methamphetamine pills, 44 Clonazolam pills and $352 from Torrences person. Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Michael Weddel, Acting Special Agent in Charge of the ATFs Washington Field Division, made the announcement after sentencing by U.S. District Judge David J. Novak. Additionally, in many states, those who commit felonies forfeit the right to vote. Ghost guns are firearms bearing no serial number that are typically homemade or home assembled. A weekly compilation of engaging digital content. Police ID Victim, Suspect In 'Deliberate' Petworth Library Murd, Children, Drugs Found In Manassas Marriott After Reports Of Unr, Toddler Found Next To Large Amount Of Suspected Illegal Narcoti. (a) Except as provided in this section, no person shall possess a firearm, as such is defined in section two of this article, who: (1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year; (2) Is habitually addicted to alcohol; RICHMOND, Va. (WRIC) A man was found guilty of a firearm charge by a federal jury, after an incident involving Richmond Police in January 2022. Cherry (Apr. 61-7-16. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. Bureau of Alcohol, Tobacco, Firearms and Explosives. Felony murder, which is murder that takes place when defendant is committing an inherently dangerous felony. For media inquiries about ICE activities, operations, or policies, contact the ICE Office of Public Affairs at (202) 732-4646. Prosecutors made note that Brown has a lengthy criminal history, which includes multiple convictions for drug trafficking, as well as a conviction for possession of a firearm by a convicted felon. Services Law, Real ) or https:// means youve safely connected to the .gov website. A. Mandatory minimum sentencing depends entirely upon why it is that an individual is precluded from possessing a firearm. Over two days of testimony in front of United States District Judge Sara Darrow, the government Felon in possession of a firearm is a Class C felony, while felon in possession of a weapon is a Class A misdemeanor. NORFOLK, Va. A joint investigation involving Homeland Security Investigations (HSI) Norfolk, the ATF, the Virginia State Police and the Isle of Wight Sheriffs Office led to an 81-month prison sentence for Ronald Devon Matthews, 36, of Isle of Wight, Virginia. The key element is the definition of "disability.". Felony crimes against the person include, among others: Many criminal offenses can be classified as both misdemeanors and felonies. LegalMatch Call You Recently? According to court documents, on February 19, 2021, T'Mar Green, 23, and another person were approached by law enforcement officers in Gilpin Court. This is a serious offense. Another point is the broad definition of "possession". Suite 2-500, South Lobby in which the government sought a sentence below the guideline The first element of a felony conviction is typically a foregone conclusion and the Commonwealth can . 924(e), the Armed Library, Bankruptcy This material may not be published, broadcast, rewritten, or redistributed. The enhancement that would be created if a person has a violent felony within the last 10 years carries a mandatory minimum five-year sentence on top of anything else that they might be convicted of. He stated that, over the course of the conspiracy, they obtained about 1000 fentanyl pills every two weeks, and had also received one kilogram of methamphetamine and eight kilograms of cocaine. #315 All rights reserved. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Assistant U.S. Attorney Darryl J. Mitchell prosecuted the case. In his spare time off from the legal world and quest for knowledge, this 3rd degree black belt and certified instructor aspires to work with various charities geared towards bringing access to entertainment and gaming to all persons. 46.04 discusses the unlawful possession of a firearm including restrictions on people with felony convictions. A federal district court judge will determine any sentence after taking into account the U.S. The .gov means its official. A lock ( South Carolina. An official website of the U.S. Department of Homeland Security, Ronald Devon Matthews was a felon in possession of an arsenal, said acting Special Agent in Charge Derek W. Gordon of HSI Washington, D.C.. The amount of damage he could have caused with that quantity of firepower is staggering. 18.2-308.7. An police report said just after 9:50 . The defendant can be ordered to pay restitution by covering the cost of the medical bills. Secure .gov websites use HTTPS Under state law, felons caught in possession of firearms could face up to 10 years in prison, but many of them don't go to prison at all. There are some circumstances in which a convicted felon can be guilty of constructive possession without ever handling the gun. Justin W. Williams United States Attorney's Building Torrence had a prior conviction of possessing a firearm as a convicted felon. An example of this would be if they borrowed a car knowing that it contained a gun, or if they were riding in a car that had a gun. Alexandria, VA 22314. 61-7-15. Persons prohibited from possessing firearms; classifications; right of nonprohibited persons over twenty-one years of age to carry concealed deadly weapons; offenses and penalties; reinstatement of rights to possess; offenses; penalties. Class 5 Felonies Class 5 felonies are "wobblers"crimes that can be either a felony or a misdemeanor, depending on how the judge or jury decides to treat a conviction. [Amended by 1975 c.702 1; 1985 c.543 4; 1985 c.709 2; 1987 c.853 1; 1989 c.839 4; 1993 c.735 2; 1995 c.518 1; 1999 c.1040 16; 2003 c.14 64; 2009 c.189 1; 2009 c.499 3] Source Last accessed Jun. Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Michael Weddel, Acting Special Agent in Charge of the ATFs Washington Field Division; and Rick Edwards, Acting Chief of Richmond Police, made the announcement after U.S. District Judge David J. Novak accepted the verdict. The person is required under DC law to . Commonplace in the United States is a distinction Prosecutors made note that Brown has a lengthy criminal history, which includes multiple convictions for drug trafficking, as well as a conviction for possession of a firearm by a convicted felon. Possession of a Firearm by a Felon in Virginia A conviction of any crime for which the maximum penalty is greater than one year precludes a person from possessing a firearm in Virginia, and that distinction is important because there are certain states where a misdemeanor can carry more than one-year incarceration. Shreveport, LA - Shreveport Police have arrested a felon in possession of a firearm. All drug-related charges were dropped in Richmond City Circuit Court. Additionally, being found guilty of this crime would naturally harm the persons ability to ever own a firearm in the future. Login. Class 1 misdemeanor, punishable by up to 12 months in jail, a fine of up to $2,500, or both. Man convicted in decades-old Chesterfield murder case dies before sentencing, Best smart home devices for older users, according, How to get started on spring cleaning early, according, Worried about your student using ChatGPT for homework? your case, How to Prepare for a Consultation with a Felony Lawyer, Three Strike Law in Different States: 3 Strikes Law Facts, Georgia Neglect to an Elder Person or Resident or Disabled Adult Lawyers, Georgia Failure to Inform by HIV-Infected Persons Attorneys, Georgia Interstate Interference with Custody Lawyers, Georgia Third Offense Interference with Custody Attorneys, Nevada Trafficking in Persons for Financial Gain Lawyers, Nevada Conspiracy or Attempt to Cheat Lawyers, Nevada Teaching Cheating and Selling Cheating Equipment Attorneys, Nevada Gambling Cheating Device Attorneys, Nevada Felony Evading Police and Causing Death or Bodily Harm Attorneys, Nevada Felony DUI Evading Police Attorneys, Nevada Causing Endangerment or Property Damage While Evading Police Lawyers, Texas Possession or Promotion of Child Pornography Attorneys, Texas Aggravated Promotion of Prostitution Attorneys, Texas Sale or Purchase of a Child Attorneys, Texas Interference with Rights of Guardian of the Person Attorneys, Texas Interference with Child Custody Attorneys. Virginia Gun Charges. Federal prosecutors figured Congress had people like Baldemar Gomez in mind when it created the law prohibiting felons from possessing firearms. The tip line is manned 24 hours a day. An official website of the United States government. in 2017 from the University of Houston Law Center and his B.A. The exception for that, however, is if a person has a conviction for a crime of domestic violence. We will work with you to ensure that you know what the status of your case is at all times. Possession of a firearm by a felon is considered to be a felony crime in itself. 2923.13. Fairfax, Here is what the law, Va. Code 18.2-308.2 says in full: A. A firearm is a weapon from which a shot is discharged by gunpowder. It shall be unlawful for (i) any person who has been convicted of a felony; (ii) any person adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of murder in violation of 18.2-31 or 18.2-32, kidnapping in violation of 18.2-47, robbery by the threat or presentation of firearms in violation of 18.2-58, or rape in violation of 18.2-61; or (iii) any person under the age of 29 who was adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of a delinquent act which would be a felony if committed by an adult, other than those felonies set forth in clause (ii), whether such conviction or adjudication occurred under the laws of the Commonwealth, or any other state, the District of Columbia, the United States or any territory thereof, to knowingly and intentionally possess or transport any firearm or ammunition for a firearm, any stun weapon as defined by 18.2-308.1, or any explosive material, or to knowingly and intentionally carry about his person, hidden from common observation, any weapon described in subsection A of 18.2-308. Actual sentences for federal crimes are typically less than the maximum penalties. Oregon (if it's been more than 15 years since your non-violent conviction, gun rights are automatically restored) Rhode Island. 17, 2019) she wrote for a panel rejecting an "innocent possession" jury instruction as a defense to a charge of being a felon-in-possession of a firearm. [13A-1-2(13)] Law, Products ban on firearm possession.20 Taken together, the felon-in-possession ban 13 Omnibus Crime Control and Safe Streets Act of 1968, Pub. at 230-31. Justin W. Williams United States Attorney's Building . (This may not be the same place you live). If the offender was previously convicted for a violent felony, he will be punished with a mandatory minimum, consecutive sentence of 5 years in prison. ALEXANDRIA, Va. Over six years ago, two people were killed in . 922 (g) (1) for possession of multiple firearms and/or ammunition, the government must prove that the firearms and/or ammunition at issue were acquired or possessed at different times or stored in different places. Contact Us to learn more about how we can help you. In Ohio the offense is "having weapons while under disability" as proscribed by R.C. The governor, however, lacks the authority to restore firearm rights. Property Law, Personal Injury Section 922 in Title 18 of the U.S. Code This section of the U.S. Code discusses various unlawful acts related to guns. U.S. Attorney's Office, Eastern District of Virginia, Felon Convicted of Possessing a Firearm and Ammunition, Man Sentenced for Shooting Farmville Auto Dealership Owner during Armed Robbery, Henrico Man Sentenced on Drug Trafficking and Firearm Charges, Three Individuals Sentenced for Firearm Straw Purchasing Conspiracy. The provisions of subdivision (1) of subsection 1 of this section shall not apply to the possession of an antique firearm. The victim was treated for his injuries at a local hospital. If convicted, the penalty is up to five years in prison or probation. SEVP is a part of the National Security Investigations Division and acts as a bridge for government organizations that have an interest in information on nonimmigrants whose primary reason for coming to the United States is to be students. Attorneys Jessica Wright and Stephen Miller are prosecuting the case. Click here to follow Daily Voice Alexandria and receive free news updates. For example: a felon lives with a person who is not a felon and is not prohibited from possessing a firearm. We've helped more than 6 million clients find the right lawyer for free. Burke, 15 922(e)-(f), 82 Stat. The investigation further revealed that while incarcerated, Matthews made phone calls instructing an accomplice to clean out his storage unit. Yemaya Ashaki Hughes, 30, of Clarksburg, and Shayla Ann Jackson, 24, homeless, were charged with possession with intent to deliver methamphetamine and cocaine and drug . Ajee "Glockz" Whitter, 28, of Alexandria faces up to 15 years in prison after pleading guilty to one count of being a felon in possession of a firearm. McLean, Fair Oaks, [13A-11-62(1); 13A-8-1(5)] [Read as appropriate]: A pistol is a firearm with a barrel less than 12 inches in length. PSN is an evidence-based program proven to be effective at reducing violent crime. Travis earned his J.D. Copyright Virginia Criminal Lawyer 2023. During a December 2021 search of Matthews home, investigators discovered a 12-gauge semi-automatic shotgun and ammunition under a sofa. On Dec. 7, 2021, Matthews was arrested after law enforcement executed a search warrant at his residence in Carrsville. Committing the crime against a child, elderly individual, or member of law enforcement. A .gov website belongs to an official government organization in the United States. This class is prohibited constructive possession of firearms, ammunition, and various components. Law, Intellectual The Michigan Penal Code ( 750.224f) outlines the criminal punishment for a felon in possession of a firearm conviction. ) or https:// means youve safely connected to the .gov website. 1. Complete the form below to receive a free consultation. 16 people have successfully posted their cases, 5 people have successfully posted their cases, 10 people have successfully posted their cases, 6 people have successfully posted their cases, 20 people have successfully posted their cases, 7 people have successfully posted their cases, 9 people have successfully posted their cases, Can't find your category? 9119 Church St, Possessing a gun despite being ineligible is a felony offense. (Mentioned above: Restrictions to the Right to Bear Arms). Second or third offenses may result in considerably more severe criminal punishments, such as longer prison sentences and higher fines. CHARLESTON, W.Va. (WCHS) Federal prosecutors said a convicted felon from Boone County who was found with a gun in a holster and a gun in his back pocket pleaded guilty Monday to being a felon . 3:22-cr-113. HSI encourages members of the public to report crimes or suspicious activity by calling the HSI tip line at 866-347-2423. He is 22-year-old Teiun Tyree Walker. Crimes against the person involve bodily harm or injury to a person. Ketia Daniel, founder of BHM Cleaning Co., is BestReviews cleaning expert. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. 26, 2021 REMOVE ADS [13A-11-70(1)] To possess means to have physical possession or otherwise to exercise dominion or control over tangible property. Virginia. A convicted felon with a nickname to match is facing more than a decade in prison after being busted with an illegal "ghost gun," federal prosecutors announced. Any person who was adjudge delinquent as a minor 14 years of older, who committed Murder, Kidnapping/Abduction, Robbery with A Firearm, or Rape. You should check your states gun restoration laws in order to determine your eligibility for gun ownership rights restoration if you have been convicted of a felony. Misdemeanors are punishable by up to one year in jail, while felonies are considered to be more serious crimes and are generally punishable by imprisonment for more than one year. This is Federal. The most common Virginia gun charges tend to be possession of a concealed weapon, or attempted possession of a firearm by a felon. It is generally punishable by a prison sentence ranging from one to three years; again, largely depending on state laws. Working with our law enforcement partners, HSI made the Norfolk area safer by removing Mr. Matthews and his overabundance of weapons from the streets., Immigration Authority Delegation Program 287(g). According to court documents, on June 27, 2018, Ronald Devon Matthews, 36, was convicted of carrying a firearm without a license, a felony, in Pennsylvania.