Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony. (b) A person convicted under paragraph (a), clause (1), may be sentenced . D. If any person whose license to hunt and trap, or whose privilege to hunt and trap while in possession of a firearm, has been revoked pursuant to this section, thereafter hunts or traps while in possession of a firearm, he shall be guilty of a Class 1 misdemeanor, and, in addition to any penalty imposed by the jury or the court trying the case without a jury, the trial judge may revoke such person's hunting or trapping license and privileges to hunt or trap while in possession of a firearm for a period of one year to life. A. Crimes and Offenses Generally 18.2-56.1. A1. Any person violating this section shall be guilty of a Class 1 misdemeanor. the reckless handling of a firearm), Va. Code 18.2-280 (2005) (making it illegal to hunt with a firearm while in-toxicated). Read more about Assault [], CARRYING A CONCEALED HANDGUN WHILE INTOXICATED Virginia law criminalizes the carrying of a legally concealed handgun while under the influence of alcohol or drugs under Va Law 18.2-308.012. D. Nothing in this section shall be construed to prohibit the use of firearms or other instruments ormissiles or compound bows, crossbows, longbows, or recurve bows in lawful self defense or in the lawful defense ofproperty, or to prohibit the use of firearms or other missiles or compound bows, crossbows, longbows, or recurvebows in supervised sport, recreation, or training conducted on safety-inspected and approved ranges and courses,provided the same is not contrary to existing law. Call us to see if you are eligible for a free phone consultation with a criminal defense attorney. The offense is a Class 6 felony if the brandishing occurred on on or near school property. Any person violating this section shall be guilty of a Class 1 misdemeanor. Armstrong v. Commonwealth, 263 Va. 573, 582, 562 S.E.2d 139, 144 (2002) (quoting Holloman v. Commonwealth, 221 Va. 196, 198, 269 S.E.2d 356, 358 (1980)). people and, consequently, are not governed by copyrightso do whatever you want By acquitting the defendant of violating Code 18.2308.2, when the defendant's status as a felon was undisputed and where he possessed an object resembling a firearm, the trial court as factfinder rejected the only interpretation of the facts which would allow an appellate court to conclude that the facts supported a conviction under Code 18.256.1(A). 10-45. The owner shall acknowledge in a sworn affidavit to be filed with the record in the case or cases that he has retaken possession of the weapon involved. Get free summaries of new opinions delivered to your inbox! Over the last few years our law firm decided to put an emphasis on working with clients who lost their rights to possess a firearm. this Section, Title 18.2 - Crimes and Offenses Generally. A1. A. Violation of this rule isa Class 1 misdemeanor offense punished by up to 1 year in jail and a $2500.00 fine. . with them. Vienna Sec. You already receive all suggested Justia Opinion Summary Newsletters. explanation of Virginias self-defense law, Permit Required for Concealed Carry in Virginia, Virginia Department of Game and Inland Fisheries, Virginia Boating While Intoxicated, Recklessly Operating Boat & Watercraft Criminal Offenses, Carrying Concealed handgun while intoxicated, Discharging firearm in public causing injury, Possessing firearm with Drugs Schedule I or II, Reckless handling of firearms; reckless handling while hunting Va. Code 18.2-56.1, Carrying loaded firearms in public areas prohibited Va. Code 18.2-287.4, Discharging firearms or missiles within or at building or dwelling house Va. Code 18.2-279, Possession or transportation of certain firearms by persons under the age of 18 Va. Code 18.2-308.7, Pointing, holding, or brandishing firearm, air or gas-operated weapon or objects Va. Code 18.2-282, Personal protection; carrying concealed weapons without a Permit Va. Code 18.2-308, Receipt of / receiving stolen firearm Va. Code 18.2-108.1, Shooting at or throwing missiles, etc., at a train, car, vessel, etc. If this section is violated while the person is engaged in hunting, trapping or pursuing game, the trial judge may, in addition to the penalty imposed by the jury or the court trying the case without a jury, revoke such persons hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years. This law does not distinguish between firearm owners and non-owners who recklessly left the firearms accessible to children. It shall be unlawful for any person in the Town to willfully fire or discharge any gun, pistol or other firearms except in a shooting gallery constructed and operated in accordance with the design criteria and specifications of the National Rifle Association as set forth in the NRA Range Source Book, and further, except where such firing or discharging is done with the written permission of the Town Manager and under the supervision of properly authorized Town personnel. It [], CRIMINAL DEFENSE ATTORNEY CASE RESULT IN ARLINGTON VIRGINIA: Not Guilty plea to a Class 1 Misdemeanor charge for Carrying a Weapon into the DCA Ronald Reagan Airport under VA Code 18.2-287.01 (a concealed carry permitted firearm that was forgotten in luggage) resulted in a fine and surrender of weapon, no [], CRIMINAL DEFENSE ATTORNEY CASE RESULT IN ARLINGTON VIRGINIA: Class 1 Misdemeanor charge for Carrying a Concealed Weapon While Intoxicated under VA Code 18.2-308, and a related Drunk in Public Charge (Va Law 18.2-388, Arlington Code 17-7) were both DROPPED for insufficient evidence. Virginia Firearm & Weapon Charges and Hunting Laws: Defense Lawyers Explanation of Brandishing, Reckless Handling of a Firearm, and Hunting Offenses, Criminal Defense Lawyer for Firearms Offenses, Criminal Defense Lawyer in Arlington Virginia, Reckless Handling of a Firearm in Virginia, Felony Grand Larceny Charges in Fairfax County DROPPED at Preliminary Hearing. A Butterfly knife is not a weapon of like kind enumerated in the code. <>>> Lee retreated to the inside of the store. In contrast to bench trials, it is permissible for juries to reach inconsistent verdicts. Ludwig v. Commonwealth, 52 Va.App. That means a judge must make the decision based on what the judge's definition of reckless is. 561, 570, 760 S.E.2d 132, 136 (2014).3. By contrast, the offense of possessing a firearm as a convicted felon under Code 18.2308.2 has no element of perception by a victim that would warrant applying the same broad construction to the term firearm in that statute as is applicable to the same term in Code 18.253.1. Id. Upon receipt by the Central Criminal Records Exchange of a record of the arrest, conviction, or occurrence of any other event that would disqualify a person from obtaining a concealed handgun permit under 18.2-308.09, the Central Criminal Records Exchange shall notify the court having issued the permit of such disqualifying arrest, conviction, or other event. A. Disclaimer: These codes may not be the most recent version. A. It shall be unlawful for any person to handle recklessly any firearm so asto endanger the life, limb or property of any person. up-to-date and accurate, no guarantee is made as to its accuracy. The Supreme Court labeled the core right of the Second Amendment in Heller as the right of law-abiding, responsible citizens to use arms in defense of hearth and home. This is a clear self defense right, but is not directly related to hunting for food, materials, trade or recreation. If any person is found guilty of violating (i) any of the provisions of the hunting, trapping, or inland fish laws, any provisions of 15.2-915.2, 15.2-1209.1, 18.2-131 through 18.2-136 and 18.2-285 through 18.2-286.1, or any regulations adopted by the Board pursuant thereto, a second time within three years of a previous conviction of violating any such law or regulation, or (ii) any provisions of law or ordinance governing the dumping of refuse, trash or other litter, while engaged in hunting, trapping or fishing, such license and privileges shall be revoked by the court trying the case and that person shall not apply for a new license or exercise such privileges until 12 months succeeding the date of conviction. B. Information by, in, to or through this Web site and your receiptoruse of it (1) isnotprovided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) isnotintended to convey or constitute legal advice, and (4) isnota substitute for obtaining legal advice from a qualified attorney. The maximum penalty for brandishing a firearm in Virginia is 12 months [], Fairfax, Virginia Criminal Defense Attorney Case Result: Client was initially found guilty of Assault with a firearm in the Fairfax County General District Court and sentenced to 5 days in jail. 1977, c. 194; 1985, c. 182; 1991, c. 384; 2010, c. 183; 2011, c. 684; 2014, cc. The statute, however, does not specify that the firearm must be operable or capable of being fired. See Va Law 18.2-433.2. Reckless handling of firearms; reckless handling while hunting. V\!;T83C2ma &#D 'Xq?E:)&k\*p^^P^i n|F%6k>t%5v5+I2=^/aq`XXd :&775yF'$o Suspension or revocation of permit. Email is the fastest way to reach us. The charge of Reckless Handling of a Firearm is a serious charge. Reckless handling of firearms; reckless handling while hunting. VA LAW 18.2-56.1. . Reckless handling of firearms; reckless handling while hunting. Written by an award-winning criminal defense attorney specializing in state and federal criminal law in the state and federal courts of Northern Virginia and Washington DC. A. To be found guilty of the Felony the handling of the firearm must be in a manner so gross, wanton, and culpable as to show a reckless disregard for human life and causes the serious bodily injury of another person resulting in permanent and significant physical impairment. Lee testified that appellant had a handgun. B. 19.2-386.29. So there are three different offenses in the Reckless Handling of a Firearm statute: The commonwealth has the burden to prove you actually handled the firearm recklessly. One way for them to prove this will be to use statements that you make to the police. Code 18.2-56.1 (A) prohibits the reckless handling of a firearm "so as to endanger the life, limb or property of any person." The manifest purpose of Code 18.2-56.1 (A) is to prevent actual endangerment, not the mere appearance of endangerment. Dec. 31, 1996). He did not see a gun fire. Read more about Fairfax criminal defense attorney Marina Medvin, who represented this client and achieved this result. Any violation of subsection A, B, or C shall constitute a Class 2 misdemeanor. Discharge of firearms. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Virginia Law punishes various acts of hunting and poaching of game / wild animals. It shall be unlawful for any person to discharge or shoot off a firearm in the County. Any person who handles any firearm in a manner so gross, wanton, and culpable as to show a reckless disregard for human life and causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 6 felony. This site is protected by reCAPTCHA and the Google, There is a newer version of the Code of Virginia, Title 18.2 - Crimes and Offenses Generally. Accordingly, an object is a firearm for purposes of Code 18.2308.2 if it is an instrument which was designed, made, and intended to expel a projectile by means of an explosion. Id. Courthouse: United States District Court Eastern [], CRIMINAL DEFENSE ATTORNEY CASE RESULT IN ARLINGTON VIRGINIA: Class 1 Misdemeanor Carrying a Concealed Weapon Brass Knuckles (VA Code 18.2-308 metal knucks) was DROPPED at the first appearance. Felony; drive-by shooting. The laws are owned by the Armstrong also held that, with respect to Code 18.2308.2, [i]t is not necessary that the Commonwealth prove the instrument was operable, capable of being fired, or had the actual capacity to do serious harm. 263 Va. at 584, 562 S.E.2d at 145. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. accuracyread 18.2-56.1 on the official Code of Virginia website. Reckless handling of firearms; reckless handling while hunting. 1977, c. 194; 1985, c. 182; 1991, c. 384; 2010, c. 183; 2011, c. 684; 2014, cc. Any person permitted to carry a concealed handgun who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place can be found guilty of a Class 1 misdemeanor under Va. Code 18.2-308.012. Under Virginia law, when a person commits brandishing as defined by Va Code 18.2-282, while at the time assembled with one or more persons for the purpose of and with the intent to intimidate any person or group of persons, the penalty for the brandishing act is escalated to a class 5 felony. Each shot fired or each discharge of a firearm creates a separate violation under Virginia law. C. Upon a revocation pursuant to subsection B hereof, the clerk of the court in which the case is tried pursuant to this section shall forthwith send to the Department of Wildlife Resources (i) such persons revoked hunting or trapping license or notice that such persons privilege to hunt or trap while in possession of a firearm has been revoked and (ii) a notice of the length of revocation imposed. All rights reserved. Clients weapons were returned to him and he was able to keep his hunting license. Design by Meticulous, Violation of 18.2-286 while hunting; revocation of license and privileges, Hunting deer with sights after dark; forfeiture of weapon and sighting device, Employment of lights under certain circumstances upon places used by deer. Any person violating this section shall be guilty of a Class 1 misdemeanor. -HD&*bX0K Section 18.2-56.1 (A). ), An assault is any attempt or offer with force or violence to do a corporeal hurt to another, whether from malice or wantonness, as by striking at him in a threatening or insulting manner, or with such other circumstances as denote at the time an intention, coupled with a present ability, of actual violence against his person, as by pointing a weapon at him when he is within reach of it.. Excluded from the 30-day limitation: (i) persons who have been issued a certificate by the Department of State Police under certain circumstances and with an enhanced background check, (ii) law-enforcement agencies and officers, (iii) state and local correctional facilities, (iv) licensed private security companies, (v) persons who hold a valid Virginia concealed handgun permit, (vi) persons whose handgun has been stolen or irretrievably lost or who are trading in a handgun, (vii) purchases of handguns in a private sale, and (viii) purchases of antique firearms. 18.2-56.1. Va. Code 18.2-56.1. Click to read more! You're all set! Read more about Weapons Law [], ARLINGTON, VIRGINIA: Trial for a class 1 misdemeanor offense of carrying a weapon in air carrier airport terminal under VA Code 18.2-287.01, in which our client was accused of bringing a loaded handgun into the DCA airport, resulted in no active jail time, a $250 fine and surrender of the [], ATTORNEY CASE RESULT IN FAIRFAX COUNTY, VIRGINIA: Client was charged with Class 1 Misdemeanor Possession of Marijuana Second+ Offense (VA Code 18.2-250.1) and Class 1 Misdemeanor Carrying a Concealed Weapon Brass Knuckles (VA Code 18.2-308 metal knucks). 2016 Code of Virginia Title 18.2 - Crimes and Offenses Generally . The clerk of the court shall notify the Department of Game and Inland Fisheries as is provided in subsection C herein. Brandishing a firearm in Virginia (Va. Code 18.2-282) is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2,500. 444, 579. This field is for validation purposes and should be left unchanged. When interpreting statutes, courts ascertain and give effect to the intention of the legislature. That intent is usually self-evident from the words used in the statute. z$Q 8QHlOe9yc`47032!s'i;}aY The laws are enumerated in Title 29.1 of the VA Code GAME, INLAND FISHERIES AND BOATING. These crimes are generally punished as a misdemeanor offense, some carrying no jail time at all, while other offenses carrying up to a year in jail. He moved to strike the evidence. Complete the form below to receive a free consultation. Any person violating this section shall be guilty of a Class 1 misdemeanor.A1. For the purposes of this Section the term law enforcement officer includes any person defined as a law enforcement officer pursuant to Virginia Code 9.1-101 and any animal control officer acting in the performance of his or her duty. 82, 96, 428 S.E.2d 16, 26 (1993)). Read this complete Virginia Code Title 18.2. (9) Shooting or discharge of a firearm by any representative of the Virginia Department of Game and Inland Fisheries in the performance of duty for scientific collection or wildlife management purposes. Email is the fastest way to reach us. 29.1-338. Under VA law, the following persons are disqualified [], Virginia Firearms Offenses Penalty Table Description of Offense Code Section Criminal Classification Maximum Imprisonment Maximum Fine Brandishing firearm Va. Code 18.2-282 Class 1 Misdemeanor 12 Months $2,500.00 Fine Brandishing near School Va. Code 18.2-282 Class 6 Felony 5 Years $2,500.00 Fine Reckless handling of firearm Va. Code 18.2-56.1 Class 1 [], ALEXANDRIA, VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT Class 1 Misdemeanor charge for Reckless Handling of a Firearm in Alexandria, Virginia resulted in DROPPED charges. LEXIS 800 (Va.Ct.App. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty. Arlington General District Court, 1425 N Courthouse, Arlington, [], FAIRFAX VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Misdemeanor Petit Larceny charge (VA Code 18.2-96), for larceny of a weapon at the Dulles Expo Center Gun Show in Chantilly Virginia, was DROPPED at the first hearing for insufficient evidence. You have the right to remain silent, and you should not talk to the police without the advice and presence of your lawyer. 18.2-308.013. Take a look at the code sections posted below for the many different ways you can violate Virginia law. Lee recognized appellant because he was one of the store's regular customers. A. In some states, such as Virginia, the mere reckless handling of a firearm can lead to a misdemeanor conviction. What does Reckless Handling of a Firearm mean in Virginia? Our Client-Focused Criminal Defense Team is prepared to represent you for your Firearm charge in courts throughout Northern Virginia. 10-43. This law is violated by any form of reckless handling which endangers a person or property. endobj It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. . Any person who handles any firearm in a manner so gross, wanton, and culpable as to show a reckless disregard for human life and causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 6 felony. Any person who handles any firearm in a manner so gross, wanton, and culpable as to show a reckless disregard for human life and causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 6 felony. Additional felony charges for firearm possession (18.2-308.4) and PWID Possession with Intent to Distribute (18.2-248, [], ARLINGTON, VIRGINIA: Class 1 misdemeanor offense of Reckless Handling of a Firearm under VA Code 18.2-56.1 will be DISMISSED conditioned on completing a gun safety course at the NRA and surrender of concealed carry permit for one year. . [], Virginia law defines a firearm as an instrument which was designed, made and intended to expel a projectile by means of an explosion. at 584, 562 S.E.2d at 145. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty. (e) Except for those persons who are on a Parcel of Land that is exempted in Appendix J and who hunt with shotguns loaded with multiple ball shot, it shall be unlawful for any person to hunt with a firearm which has a barrel caliber larger than a nominal 0.224 inches or to hunt with a firearm and ammunition combination having a muzzle energy greater than a .22 caliber rimfire cartridge. C. Upon a revocation pursuant to subsection B hereof, the clerk of the court in which the case is tried pursuant to this section shall forthwith send to the Department of Wildlife Resources (i) such person's revoked hunting or trapping license or notice that such person's privilege to hunt or trap while in possession of a firearm has been revoked and (ii) a notice of the length of revocation imposed. SungIl Lee, the manager of Short's Grocery, observed a group of young men enter the store. A. [], FAIRFAX VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Client was acquitted at trial and found NOT GUILTY of Brandishing a Firearm, the defense prevailing on theory of self defense. This is a Class 1 misdemeanor offense punished by up to a year in jail, a $2,500 fine, and revocation of a [], CRIMINAL DEFENSE ATTORNEY CASE RESULT ALEXANDRIA, VIRGINIA FEDERAL UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA: Federal Class A misdemeanor charge on the GW Parkway for unlawful carry of a concealed firearm and large quantity of additional ammunition (Va Code 18.2-308 incorporated into Federal law by 18 USC [], ALEXANDRIA, VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: VA Code 18.2-32 Murder 1 indictment (penalty of 20 to life) for woman who called the Police and said that she shot and killed her husband was REDUCED to Murder 2 (penalty of 5 to 40 years) after defense attorneys motions to suppress [], ARLINGTON VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Misdemeanor Brandishing Firearm charges resulted in reduction of the charge to Simple Assault and agreed-upon DISMISSAL of the reduced charge after good behavior. stream Click to review Virginia's new gun control laws. Reckless Handling of Firearms (Section 18.2-56.1) Any individual who (1) recklessly handles a firearm and thus (2) puts another person's health or person's property in danger is guilty of a Class 1 misdemeanor. (f) It shall be unlawful for any person to discharge any firearm from or across any highway, sidewalk or any public land except on a properly constructed target range. . 18.2-56.1 Reckless handling of firearms; reckless handling while hunting A. A1. The weapons covered by the law are handguns, switchblade knives and some fixed blade knives, razors, slingshots, brass knuckles, spring sticks, throwing stars, ballistic knives, machetes, blackjacks, and nunchucks or fighting chains. At trial, plaintiff asked for jury instruction on negligence per se. Reckless handling of firearms; reckless handling while hunting. And, a purchaser who receives a firearm from another person without obtaining the required background check can also be charged with a Class 1 misdemeanor. Powered by The State Decoded endobj regarding sale of property forfeited to the Commonwealth. C. The court shall revoke the permit of any individual for whom it would be unlawful to purchase, possess, or transport a firearm under 18.2-308.1:2 or 18.2-308.1:3, and shall promptly notify the State Police and the person whose permit was revoked of the revocation. Get free summaries of new opinions delivered to your inbox! FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Any person violating this section shall be guilty of a Class 1 misdemeanor. If this section is violated while the person is engaged in hunting, trapping or pursuing game, the trial judge may, in addition to the penalty imposed by the jury or the court trying the case without a jury, revoke such persons hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years. The Department shall keep a list which shall be furnished upon request to any law-enforcement officer, the attorney for the Commonwealth or court in this Commonwealth, and such list shall contain the names and addresses of all persons whose license or privilege to hunt or trap while in possession of a firearm has been revoked and the court which took such action. Reckless handling of firearms; reckless handling while hunting. A related Larceny charge was AMENDED to Unlawful Entry, and the amended misdemeanor charge will be DISMISSED after a class [], ALEXANDRIA, VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Misdemeanor charge for Brandishing a firearm, a concealed carry handgun, during an argument (VA code 18.2-282) was AMENDED and REDUCED to Trespass, with a penalty of credit for time served on the original arrest and relinquishing the weapon to the government. Thus, the courts were left to interpret whether a butterfly knife is a weapon that cannot be concealed under the code section as the ones described above. Any person violating this section shall be guilty of a Class 1 misdemeanor. The law states a person will be found guilty of a Class 1 misdemeanor ifany person, handle recklessly any firearm so as to endanger the life, limb or property of any person. Zequez Deaairo JONES v. COMMONWEALTH of Virginia. The clerk of the court shall notify the Department of Game and Inland Fisheries as is provided in subsection C herein. {??(^G~z5t@B?+!o|z/?A As a general proposition, an inoperable firearm will not endanger the life, limb, or property of another. Federal law does not distinguish between violent and nonviolent felony offenses. 18.2-56.1. Va Code 18.2-287.01: Carrying weapon in air carrier airport terminal. In denying the first motion to strike, the trial court found that there existed a different standard for convictions under Code 18.2308.2 and 18.256.1. 444, 579; 2020, c. 958. 13-2-3 Discharge of firearms. Eye Color: GREEN. He argues that the evidence failed to prove that the object in question was a firearm as contemplated by Code 18.256.1. Reckless handling of firearms; reckless handling while hunting 18.2-56.1(A) Maybe5 6No Most likely not, under 8 U.S.C. Stay up-to-date with how the law affects your life. (8) Discharge of any firearm (i) pursuant to a permit issued in accordance with Virginia Code 29.1-529, if the discharge is on land that contains at least five acres and is zoned for agricultural use; or (ii) pursuant to authorization issued in accordance with 4 VAC 15-40-240 by the Director of the Department of Game and Inland Fisheries. (a) It shall be unlawful for any person to shoot any firearm in any areas of the County that are so heavily populated as to make such conduct dangerous to the inhabitants thereof, which areas are designated in Appendix J to the Fairfax County Code. at 583, 562 S.E.2d at 144. A person who sells a firearm to another person in Virginia without obtaining the required background check can be charged with a Class 1 misdemeanor offense. A violation of this Subsection shall be punishable as a Class 3 misdemeanor. The client was charged with Threat to Bomb or Burn(18.2-83) and Profane Language over the Telephone (18.2-427). 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