Virginia Beach Arrest Possession Firearm Felony Conviction Lawyers Attorneys

Virginia Beach Arrest Possession Firearm Felony Conviction Lawyers Attorneys

by

Atchuthan Sriskandarajah

WRIGHT v. COMMONWEALTH OF VIRGINIA

Facts:

Defendant was arrested in the office of a restaurant where he worked and charged with possession of a firearm after having been convicted of a felony. The firearm was found in the kitchen area of the business, though defendant stated that he believed the gun was on a shelf in the office where he worked. The Circuit Court of the City of

Virginia Beach

convicted the defendant for possessing a firearm. Defendant sought review of the decision.

Issue:

Whether the evidence is insufficient to prove that the defendant possessed a firearm as charged in the indictment?

Discussion:

The Court held that there was insufficient evidence to prove constructive possession. In order to prove constructive possession the Commonwealth had to prove that defendant was aware of both the presence of the gun and that it was subject to his dominion and control. Defendant admitted that he knew that the owner of the business kept a

gun on the premises

. However, there was no showing that he had any control over the weapon. The Commonwealth could not prove that he was at any time in the same room with the gun. Hence this Court reversed defendant’s conviction for possessing a firearm after having been convicted of a felony.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm s unofficial views of the Justices opinions. The original opinions should be consulted for their authoritative content

Atchuthan Sriskandarajah is a Virginia lawyer and owner of the SRIS Law Group. The SRIS Law Group has offices in Virginia, Maryland,

Massachusetts

, New York, North Carolina & California. The firm handles criminal/traffic defense, family law, immigration & bankruptcy cases.

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