SPRINGFIELD, Ill. - A federal jury returned a guilty verdict on February 22, 2023, against Aaron Jackson, 30, of Springfield, Ill. for knowingly possessing a firearm as a convicted felon. Annandale, Another point is the broad definition of "possession". L. No. The investigation further revealed that while incarcerated, Matthews made phone calls instructing an accomplice to clean out his storage unit. Legally speaking, someone can be in possession of a firearm, without ever touching it. Possession of a firearm by a felon in Virginia is a Class 6 felony. That is not true in Virginia. Alexandria, VA 22314. The following day, investigators executed a search warrant on the unit and discovered four rifles, four pistols, one shotgun, over 2,000 rounds of ammunition, 2.2 kilograms of marijuana and a digital scale bearing methamphetamine residue. 61-7-15. To posses a firearm as a convicted felon is a Class 6 Felony. 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. However, this can be complicated if the gun itself is around, or if the person who owns the gun lives with the convicted felon. 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. This can also happen in situations in which the firearm is in a truck or car. 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. Justin W. Williams United States Attorney's Building Reston, 2100 Jamieson Ave Section 922 in Title 18 of the U.S. Code This section of the U.S. Code discusses various unlawful acts related to guns. The Court of Appeals of Wisconsin defined "firearm" for the possession of firearm by felon statute (Wisconsin Statute 941.29(2)) to mean a weapon that acts by force of gun powder to fire a projectile, irrespective of whether it is inoperable due to disassembly.In that decision, the question before the Court of Appeals of Wisconsin was not 'what constitutes a firearm', but rather, 'is a . If convicted, the penalty is up to five years in prison or probation. Our Criminal Defense Attorneys are happy to help you with your criminal charge in Northern Virginia. Torrence has a prior conviction for possessing a firearm as a convicted felon. Episode 5: What's it like to be a special agent with HSI? -------- It is generally punishable by a prison sentence ranging from one to three years; again, largely depending on state laws. (e) Exception if carrying civil protective order. Calvin Ray Brown, 50, pleaded guilty on Wednesday, March 1 to conspiracy to distribute 400 grams or more of fentanyl and 500 grams or more of methamphetamine, officials from the Fairfax County Police Department announced. Eastern District of Virginia Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Darrell Logwood, Acting Special Agent in Charge of the ATFs Washington Field Division; Colonel Gary T. Settle, Superintendent of Virginia State Police; and Derek W. Gordon, Acting Special Agent in Charge of U.S. 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. After detaining Torrence, the officer went back to the trees and found a Ruger 9mm semi-automatic pistol. Whitter was previously convicted of felony robbery in Prince William County and is prohibited from possessing firearms and ammunition, they added. Before sharing sensitive information, make sure youre on a federal government site. We've helped more than 6 million clients find the right lawyer for free. Sentencing Guidelines and other statutory factors. Officers also recovered from Torrence 10 pills of methamphetamine and 44 pills of Clonazolam, a Schedule I controlled substance in Virginia. A copy of this press release is located on the website of the U.S. Attorneys Office for the Eastern District of Virginia. Fair Oaks, 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. The judge does not have the discretion to give a person less than the five years of prison time. An official website of the United States government. RICHMOND, Va. A Richmond man was sentenced today to 78 months in prison for being a convicted felon in possession of a firearm. Christopher Cobb, 33, pled guilty to communicating a threat against a federal agency and being a felon in possession of a firearm, according to a press release by the Western District of Tennessee U.S. Attorney's Office. Anyone convicted of a felony is prohibited from possessing a firearm in Virginia. ) or https:// means youve safely connected to the .gov website. An example of this would be how many states terminate professional licenses such as law licenses, and permits such as firearms permits. There are some circumstances in which a convicted felon can be guilty of constructive possession without ever handling the gun. 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 . 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. For example: a felon lives with a person who is not a felon and is not prohibited from possessing a firearm. Possession of a firearm by a felon is considered to be a felony crime in itself. Individuals convicted of a Felony are prohibited from possessing a firearm in Virginia. Officers then detained Green and recovered the firearm. Over two days of testimony in front of United States District Judge Sara Darrow, the government Penalties for felons ' illegal gun possession are generally higher than penalties for illegal possession in other contexts (such as possession without a required permit). PSN is an evidence-based program proven to be effective at reducing violent crime. 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. Within Above Gov't Spons. R.C. Prince William Virginia Womens Attorneys Association Christmas party! This can considerably change the outcome of their criminal liability in such situations. Under that scenario, a convicted felon can possess a firearm but they must have gone through that process first. Hasselman said that other than adding stun guns and tasers to the list of . (This may not be the same place you live). 924(e), the Armed Possession of a firearm by a felon is considered to be a felony crime in itself. Ajee Whitter faces up to 15 years in prison. Whitter is scheduled to be sentenced on Feb. 23, 2023. There are exceptions to this statute for members of the Armed Forces or the National Guard, law-enforcement officers in performance of their duties, a convicted felon who has been pardoned or had his political disabilities removed, a convicted felon whohad his right to possess a firearm restored, and any person adjudicated delinquent as a juvenile who served at least two years in the armed forces and received an honorable discharge. According to the Department of Justice,. Contact Us to learn more about how we can help you. 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. Inherently dangerous felonies include rape, robbery, burglary, arson, and kidnapping. Law, Insurance 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. in 2017 from the University of Houston Law Center and his B.A. For a defendant to be convicted of multiple counts under 18 U.S.C. Copyright Virginia Criminal Lawyer 2023. When he is sentenced in June, Brown will face a minimum penalty of 15 years in prison and a maximum of life behind bars. The law also applies to people convicted of felonies as youthful offenders. Va. Code Ann. All rights reserved.Reproduced. 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. The provisions of subdivision (1) of subsection 1 of this section shall not apply to the possession of an antique firearm. According to court documents, on February 19, 2021, T'Mar Green, 23, and another person were approached by law enforcement officers in Gilpin Court. From jail, Matthews made phone calls instructing an accomplice to clean out his storage unit in Franklin. Felon in possession of a restricted weapon is a Class A misdemeanor. Crimes against property generally involve crimes directed at someones home; however, they also include crimes against personal property. Felony crimes against the person include, among others: Many criminal offenses can be classified as both misdemeanors and felonies. He was also ordered to forfeit 14 firearms and over 2,000 rounds of ammunition. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. You may need to hire a criminal lawyer in your area for help with the specific felony firearm possession laws of your state. Additionally, there are crimes against property, and crimes against a person. Examples include, but may not be limited to: It is imperative to note that convicted felons must still obey any laws or restrictions associated with these types of weapons. This material may not be published, broadcast, rewritten, or redistributed. We are prepared to work diligently to make the Commonwealth prove their case, or get you the best offer available. Property Law, Personal Injury #108 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. The career criminal could spend the rest of his life in prison. RICHMOND, Va. - A Richmond man was sentenced today to 78 months in prison for being a convicted felon in possession of a firearm. Call 1-866-DHS-2-ICE to report suspicious activityReport Crime, Learn facts about U.S. Immigration and Customs Enforcement. 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. A locked padlock The firearm restriction continues for life - even after supervision, probation, and community custody. Law, Intellectual ICE identifies and apprehends removable noncitizens, detains these individuals and removes illegal noncitizens from the United States. There may also be exceptions in terms of white collar felony crimes. Rashon Torrence, 26, was convicted of one count of possessing a firearm and ammunition as a convicted felon. Commonplace in the United States is a distinction 96.7% of felon in possession of a firearm offenderswere sentenced to prison; sentences varied widely by whether a mandatory minimum penalty applied in the case. 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. If you are found to unlawfully possess, use, transport, sell, carry, ship, receive, or distribute a firearm with a felony conviction on your record, you could face imprisonment of up to 5 years and fines of up to $5,000. Click here to follow Daily Voice Alexandria and receive free news updates. PSN is an evidence-based program proven to be effective at reducing violent crime. Mar 1, 2023 Updated Mar 1, 2023. The defendant can be ordered to pay restitution by covering the cost of the medical bills. 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. A .gov website belongs to an official government organization in the United States. Denying a right from individual 'free' citizens establishes an official underclass of citizens. It is punished with up to 5 years in prison, a fine up to $2500, and forfeiture of the firearm. Steve Duckett, Attorney at Law For media inquiries about ICE activities, operations, or policies, contact the ICE Office of Public Affairs at (202) 732-4646. On Dec. 7, 2021, Matthews was arrested after law enforcement executed a search warrant at his residence in Carrsville. Torrence faces a maximum penalty of 10 years in prison when sentenced on June 27. 46.04 discusses the unlawful possession of a firearm including restrictions on people with felony convictions. 9119 Church St, A person who has been convicted of an offense under Section 22.01 (Assault), punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of: Rather than using the term "felony conviction," it says anyone "who has been convicted i. 999 counterfeit pressed pills containing fentanyl; Approximately 723 grams of methamphetamine; 665 grams of N,N-dimethylpentylone, a federally unscheduled substance similar to MDMA. McLean, This field is for validation purposes and should be left unchanged. Testimonials & Reviews: Our Clients Words, Any adult convicted of a felony (with the exception noted below). 3:22-cr-15. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law An official website of the United States government. For a conviction with 10 years of any previous felony, there is a two year mandatory minimum sentence. ban on firearm possession.20 Taken together, the felon-in-possession ban 13 Omnibus Crime Control and Safe Streets Act of 1968, Pub. 61-7-15a. There are multiple reasons for this, such as: It is important to note that there may be some differences between state and federal felony sentencing guidelines, as well as a loss of privileges such as the right to own a firearm. The person is required under DC law to . Nessibu will be sentenced on June 16 for all the convictions and faces up to life in prison for the first-degree murder charge. A. Click here. Present Click here to stay informed and subscribe to. 15 922(e)-(f), 82 Stat. The site is secure. at 225. An experienced and local criminal attorney can advise you of your legal rights and options, and will also be able to represent you in court as needed throughout the process. Additionally, in many states, those who commit felonies forfeit the right to vote. 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. That five-year prison sentence cannot be suspended. Law, About Secure .gov websites use HTTPS During a traffic stop yesterday on the 4200 block of Hollywood Avenue, police detained forty year old Artis . An police report said just after 9:50 . #315 This can happen if the felony crime they were convicted of gets expunged or removed from their record. West Falls Church. To reiterate, when a person is convicted of a felony, they can lose several rights such as the right to vote and the right to possess a firearm. Home Criminal Defense Felon in Possession of a Firearm: Va. Code 18.2-302. Suite 12 The tip line is manned 24 hours a day. Hood has been arrested and charged more than 14 times since 2017 and has an extensive criminal . 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. Most of us are familiar with the rule that a convicted felon cannot possess a gun. . 3:22-cr-113. 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. Did Possession of firearms while in possession of certain substances. Additionally, being found guilty of this crime would naturally harm the persons ability to ever own a firearm in the future. 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? All rights reserved. Yes, the Law Office is happy to provide Clients with the service of Petitioning for the restoration of their firearm rights in Courts throughout Northern Virginia. with honors from the University of Texas in 2014. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. Felon in possession of a firearm is a Class C felony, while felon in possession of a weapon is a Class A misdemeanor. 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. Assistant U.S. Attorney Stephen E. Anthony prosecuted the case. Eastern District of Virginia & He is expected to be sentenced on June 27 and faces a maximum penalty of 10 years in prison. What this means is that if a persons gun ownership rights are restored at the state level, they could still be barred from owning one at the federal level. This statute also criminalizes possession of ammunition, stun weapons, explosives, or concealed weapons in Virginia by a convicted felon. They must have their civil rights restored by the governors office first. If the underlying felony was violent as defined by statute, then there is a Mandatory sentence of 5 years. HSI Norfolk joint investigation lands felon in prison for more than 6 years for possession of firearms, ammunition NORFOLK, Va. A joint investigation involving Homeland Security Investigations (HSI) Norfolk, the ATF, the Virginia State Police and the Isle of Wight Sheriff's Office led to an 81-month prison sentence for Ronald Devon . 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. This is a serious offense. Generally speaking, felons are still allowed to associate with or be around someone who owns a gun. Oregon (if it's been more than 15 years since your non-violent conviction, gun rights are automatically restored) Rhode Island. Herndon, Right of certain persons to limit possession of firearms on premises. 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. They may be ordered to pay restitution, which involves paying a victim for losses caused by the defendants commission of the felony. ) or https:// means youve safely connected to the .gov website. 0.0 25.0 50.0 75.0 100.0. A weekly compilation of engaging digital content. Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for restoration order; when issued Virginia Law Code of Virginia Code of Virginia Table of Contents Title 18.2. Joseph C. Murphy Jr., United States Attorney, announced the guilty plea on Tuesday. Crimes against the person involve bodily harm or injury to a person. 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. 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. Possession and transportation are essentially treated the same under Virginia law so possession and transportation are both listed under the same statute and the penalties are the same. When Torrence got to a patch of trees, he made a throwing motion, and the officer saw a black object leave Torrences hand. The driver later identified as Torrence was reportedly wearing a black ski mask. An example of this would be if a defendant commits the felony of aggravated battery, and the victim suffers extensive injuries requiring medical treatment. Tysons & The two magazines were found to contain a total of 56 rounds of ammunition. 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. While people who are convicted of a felony generally cannot own a firearm, they may sometimes be able to own other types of weapons. Get information about how to check in with your local ICE Office here. This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justices violent crime reduction efforts. It could serve as a deterrent for people who commit felony crimes. Universal Citation: WV Code 61-7-7 (2002 through Reg Sess) (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; This statute also criminalizes possession ofammunition, stun weapons, explosives, or concealed weapons in Virginia by a convicted felon. Share sensitive information only on official, secure websites. Lock NORFOLK, Va. An Isle of Wight man was sentenced today to 81 months in prison for being a convicted felon in possession of firearms and ammunition. Possession of a firearm by a felon Hood was given no bond and remains in custody in Guilford County. 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. Federal prosecutors figured Congress had people like Baldemar Gomez in mind when it created the law prohibiting felons from possessing firearms. 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. Homeland Security Investigations (HSI) Washington, D.C., made the announcement after sentencing by U.S. District Judge Arenda Wright Allen. The .gov means its official. Phone: (703) 940-1570, Steve Duckett, Attorney at Law 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. 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. Bailey's Crossroads, An example of this would be how a person who commits a sex offense felony, such as rape or child pornography possession, may be required to register as a sex offender. [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. 1. A lock ( 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. 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 . 197. The court convicted Matthews, a previously convicted felon, of possessing multiple firearms and ammunition; he was sentenced on Feb. 24. It may also be accompanied by criminal fines and other punishments. ALEXANDRIA, Va. Over six years ago, two people were killed in . A felon is prohibited from possessing firearms, except where the sentence has been overturned, dismissed, vacated, or where he has been pardoned. They also discovered two 9 mm pistols, magazines, ammunition and a bulletproof vest in a gun safe in his bedroom. So a felony committed between 14-18 revokes your firearm rights until you are 30. In terms of crimes against the person, the more serious the harm the more likely the crime is considered to be a felony. Any person who violates this section by knowingly and intentionally possessing or transporting any firearm and who was previously convicted of any other felony within the prior 10 years shall be sentenced to a mandatory minimum term of imprisonment of two years. 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.