Possession charge will be DISMISSED in 6 months. Related Public Intoxication charge was DROPPED. Fairfax County: 6-1-2. A. . code section ds hearing type 09:15 am bcs 5 cr21000179-01 porter, richard amon wiggins, kasia firearm: reckless handling m 18.2-56.1 c tryl 09:15 am bcs 5 cj22000019-00 *in re juvenile appeal pro se *in re juvenile appeal civil mot 10:00 am bcs 5 cr22000484-01 williams, kevin carlton freeman rosenberg, michael burglary night to comm felony f 18 . Virginia for RECKLESS HANDLING OF FIREARM 18.2-56.1. At approximately 11:02 a.m. on February 28, police were dispatched to the report of trouble unknown. Read [], ARLINGTON, VIRGINIA: Class 1 misdemeanor offense of Reckless Handling of a Firearm under VA Code 18.2-56.1 for an accidental discharge in an apartment building was DISMISSED. The first such offense is a misdemeanor, while any subsequent offense is a felony. B. Any person who recklessly leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any person under the age of 14can be charged with a Class 1 misdemeanor. However, if firearms are in use on only a portion of any Parcel of Land which meets the acreage and other requirements of the term Parcel of Land, as defined by Section 6-1-1, then only that portion of that Parcel of Land on which firearms are used shall be posted with signs. Gender: M. Race: WHITE. 495, 503, 704 S.E.2d 135, 13839 (2011) (citations and quotation marks omitted). 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. Any firearm, stun weapon as defined by 18.2-308.1, or any weapon concealed, possessed, transported or carried in violation of 18.2-283.1, 18.2-287.01, 18.2-287.4, 18.2-308.1:2, 18.2-308.1:3, 18.2-308.1:4, 18.2-308.2, 18.2-308.2:01, 18.2-308.2:1, 18.2-308.4, 18.2-308.5, 18.2-308.7, or 18.2-308.8 shall be forfeited to the Commonwealth and disposed of as provided in 19.2-386.29. Va Code 18.2-283: To a place of worship while a meeting for religious purposes is being held at such place, without good and sufficient reason. NRA-ILA | Misconceptions About So-called "Safe Storage" Laws The offense is a Class 6 felony if the brandishing occurred on on or near school property. Richmond, VA 23294. 2016 Code of Virginia Title 18.2 - Crimes and Offenses Generally . 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. Shooter pleaded guilty to that charge. (7) Discharge of any firearm or starting pistol loaded with a blank cartridge, or other ammunition, not resulting in the expulsion of a projectile or projectiles. It shall be unlawful for any person who is hunting with a loaded firearm to traverse any public school ground or public park or to be within 100 yards from any such school ground or park. 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. VA Code 18.2-56.1 (2016) What's This? The punishment depending on certain factors can lead to a Class 1 misdemeanor or a Class 6 Felony. 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. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. As an appellate court, [w]e may not substitute our judgment for that of the trier of fact, nor may we reweigh the evidence, because we have no authority to preside de novo over a second trial. Ervin v. Commonwealth, 57 Va.App. A1. Ms. Medvin is an avid supporter of the Second Amendment and the right to self-defense. Please try again. C. It shall be unlawful for any person to shoot a compound bow, crossbow, longbow, or recurve bowat or upon the property of another without permission. Read more about Weapons Law here: Virginia Firearm & Weapon Charges and Hunting Laws: Defense Lawyers Explanation of Brandishing, Reckless Handling of a Firearm, and Hunting Offenses. [], Virginia law defines a firearm as an instrument which was designed, made and intended to expel a projectile by means of an explosion. Such disposition may include the destruction of the weapons or, subject to any registration requirements of federal law, sale of the firearms to a licensed dealer in such firearms in accordance with the provisions of Chapter 22.1 ( 19.2-386.1 et seq.) Weapons; carrying concealed prohibited. The term ammunition means cartridge, pellet, ball, missile or projectile adapted for use in a firearm. Discharge of firearms. Case results depend on a variety of unique factors and cannot predict identical future outcomes. We reverse appellant's conviction for reckless handling of a firearm. Virginia Gun Laws | Reckless Weapon Discharge in VA % Any person convicted of an offense that would disqualify that person from obtaining a permit under 18.2-308.09 or who violates subsection C of 18.2-308.02 shall forfeit his permit for a concealed handgun and surrender it to the court. up-to-date and accurate, no guarantee is made as to its accuracy. Click to read more! Va Law 18.2-282. 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. He was shining a pretty powerful flashlight in the direction of the men. Project. Height: 510. Email is the fastest way to reach us. PDF Virginia Gun Laws and the U.S. Supreme Court B. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. 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. 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. This field is for validation purposes and should be left unchanged. 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 . Call us to inquire about eligibilityfor a free consultation. Any person violating this section shall be guilty of a Class 1 misdemeanor. endobj In 2009, the Supreme Court of Virginia decided in the case of Thompson v. Commonwealth that it is insufficient as a matter of law to establish beyond a reasonable doubt that the butterfly knife at issue is of like kind to a dirk or any other weapon enumerated in Code 18.2-308(A). Appellant was charged with reckless handling of a firearm under Code 18.256.1(A) and with possession of a firearm as a convicted felon under Code 18.2308.2. 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. 18.2-56.1. Reckless handling of firearms; reckless - Virginia It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. ZyjeQ[S.rl["Igm~ W~c"Elx (b) A person convicted under paragraph (a), clause (1), may be sentenced . Reckless handling of firearms; reckless handling while hunting. A1. Va. Code 18.2-154, Allowing access to firearms by children Va. Code 18.2-56.2, Willfully discharging firearms in public places Va. Code 18.2-280, Setting a spring gun or other deadly weapon Va. Code 18.2-281, Selling or giving toy firearms Va. Code 18.2-284, Hunting with firearms while under influence of an intoxicant or narcotic drug Va. Code 18.2-285, Shooting in or across a road or in street Va. Code 18.2-286, Shooting from vehicles so as to endanger persons; penalty Va. Code 18.2-286.1, Carrying weapon in an air carrier airport terminal Va. Code 18.2-287.01, Possession of firearm, stun weapon, or another weapon on school property Va. Code 18.2-308.1, Use or display of a firearm in committing a felony Va. Code 18.2-53.1, Wearing of body armor while committing a crime Va. Code 18.2-287.2, Purchase or transportation of a firearm by persons subject to protective orders or convicted of drug offenses Va. Code 18.2-308.1:4, 18.2-308.1:5, Possession or transportation of firearms, stun weapons, explosives or concealed weapons by persons convicted of a felony felon in possession Va. Code 18.2-308.2, Possession of firearms while in possession of certain controlled substances/drugs Va. Code 18.2-308.4, Manufacture, import, sale, transfer or possession of plastic firearm Va. Code 18.2-308.5, Possession of unregistered firearm mufflers or silencers Va. Code 18.2-308.6, Removing, altering, etc., serial number or other identification on firearm Va. Code 18.2-311, Possession or use of sawed-off shotgun or rifle Va. Code 18.2-300, Third conviction of firearm offenses Va. Code 18.2-311.2. Nonetheless, the Supreme Court described this Second Amendment right in District of Columbia v. Heller as not unlimited. As such, the Supreme Court ruled that longstanding prohibitions on the possession of firearms by felons and the mentally ill are presumptively lawful examples of 2nd Amendment regulations. Contact Us to learn how we can help you. It shall be unlawful for any person to handle recklessly any firearm so asto endanger the life, limb or property of any person. Concealed carry [], ALEXANDRIA VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Trial for Impersonating Law Enforcement Officer, Brandishing a Firearm (VA Code 18.2-282), and Driving on a Suspended License, resulted in a NOT GUILTY finding for the Impersonating Law Enforcement charge and the Driving on Suspended charge, and no active jail time for the [], ARLINGTON, VIRGINIA: Class 1 misdemeanor charge for carrying a concealed weapon without a permit under VA Code 18.2-308 was AMENDED to a disorderly conduct charge with no active jail time, a fine, and weapon surrender. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. The clients family was able to contact one , Tony Quitiquit of Jurach, Tacey & Quitiquit was able to have a previous clients gun rights restored in Hanover County. 18.2-56.1. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. Booking Number: 23-001677. . 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. Further, VA Code Ann. of 82, 96, 428 S.E.2d 16, 26 (1993)). (b) It shall be unlawful for any person to hunt with a firearm any bird or game animal on or within 100 yards from any primary or secondary highway. 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 (3) a person. (You need to review our explanation of Virginias self-defense law in order to understand this defense. 18.2-308.013. Any person violating this section shall be guilty of a Class 1 misdemeanor.A1. A deadly weapon is an instrument likely to produce death or great bodily harm from the way in which it was used classic examples include a gun or a knife. The court may also prohibit the convicted person from hunting, fishing, or trapping in the Commonwealth for a period of one to five years. Lee testified that appellant had a handgun. Exemptions to this statute include a person who has a valid concealed handgun permit and possesses a concealed handgun while in a motor vehicle in a parking lot, traffic circle, or other means of vehicular ingress or egress to the school. B. Previous 18.2-55.1 Hazing of youth gang members unlawful; criminal liability; Next 18.2-56.1 Reckless handling of firearms; reckless handling while hunting; 18.2 Crimes And Offenses Generally; 4 Crimes Against The Person; 4 Assaults And Bodily Woundings 18.2-56 Hazing unlawful; civil and criminal liability; . Crimes and Offenses Generally 18.2-56.1. is an antique or fake firearm), emphasize that fact in charging document, written plea agreement, transcript of There are many other purchasing offenses listed below in the selected Virginia code sections. Code of Virginia 18.2-56.1 - Reckless handling of firearms; reckless Terms Used In Virginia Code 18.2-56.1. [], CRIMINAL DEFENSE ATTORNEY CASE RESULT IN THE ALEXANDRIA VIRGINIA FEDERAL UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA: Misdemeanor Charge under 32 CFR 234.10 for Possession of a Weapon (Pistol / Firearm) on the Pentagon Reservation was DISMISSED at the first hearing. 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 section shall not apply to any law enforcement officer in the performance of his official duties nor to any other person whose act is otherwise justifiable or excusable at law in the protection of his life or property, or is otherwise specifically authorized by law. Upon arrival, it was determined the suspect allegedly discharged a firearm in his residence, causing damage to the interior of his home and an adjacent unit. 2800 N Parham Rd #201, 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. 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. B. LawServer is for purposes of information only and is no substitute for legal advice. A violation of this Subsection shall be punishable as a Class 3 misdemeanor. A. However, nothing in this subsection shall apply to a federal, state, or local law-enforcement officer. The clerk of the court shall notify the Department of Wildlife Resources as is provided in subsection C herein. Read more about Fairfax criminal defense attorney Marina Medvin, who represented this client and achieved this result. In some states, such as Virginia, the mere reckless handling of a firearm can lead to a misdemeanor conviction. Reckless handling of firearms; reckless handling while hunting. Firearms; discharge prohibited; exceptions. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty. Recent Booking / Mugshot for ZACHARY ALEXANDER THOMAS in Virginia Beach Charges: Charge Code . These laws are enforced by game wardens of the Virginia Department of Game and Inland Fisheries. Anything can become a deadly weapon if it is employed in a particularly vicious and cruel way. Alexandria [], FAIRFAX, VIRGINIA DEFENSE ATTORNEY CASE RESULT Misdemeanor charge for Assault and Battery On a Family or Household Member with a loaded firearm was DROPPED for insufficient evidence to prosecute. 18.2-56.1 Reckless handling of firearms; reckless handling while hunting A. It shall be unlawful for any person to discharge or shoot or throw any dangerous missiles bymechanical, explosive, air-or gas-propelled means, or similar method or device onto or across any public sidewalk,path, or roadway, at any public structure or building, or at or onto the property of another. The limitation on handgun purchases prohibits any person, unless he/she is a licensed firearms dealer, from purchasing more than one handgun in a 30-day period. . Get free summaries of new opinions delivered to your inbox! Stay up-to-date with how the law affects your life. Additionally, shooting from a vehicle and shooting at a vehicle are each a separate offense as well so firing two shots from one vehicle at another vehicle constitutes four statutory violations. This felony offense carries a maximum prison sentence of 10 years. A defense to brandishing is exercising justifiable self-defense. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. of a firearm), Va. Code 18.2-311.1 (1975) (prohibiting the alteration or removal of serial codes on firearms). See Va Law 18.2-433.2. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. A second violation is a Class 6 felony. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the. You're all set! 2755953, 1996 Va.App. Pointing or brandishing firearm or object similar in appearance. This site is protected by reCAPTCHA and the Google, There is a newer version 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. A class 1 misdemeanor has a maximum penalty of 1 year in jail and a $2500 fine. He said he had heard gunshots before, and he knew that these were real gunshots. PORTSMOUTH CIRCUIT COURT MONDAY, MARCH 6, 2023 Page 1 The Duty Judge It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. Code 18.256.1(A) provides that [i]t shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. The statute does not define the term firearm. Questions of statutory interpretation are reviewed de novo. Sarafin v. Commonwealth, 288 Va. 320, 325, 764 S.E.2d 71, 74 (2014). FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Lee went outside and called out for the money. 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. A1. The client was a young student with no criminal record. A violation of this Subsection shall be punishable as a Class 4 misdemeanor. Lee was standing about twenty meters from appellant. (d) It shall be unlawful for any person to hunt with a shotgun loaded with slugs. Reckless handling of firearms; reckless handling while hunting Universal Citation: VA Code 18.2-56.1 (2020) A. Hair Color: BROWN. The court referenced an unpublished decision from this Court, Moore v. Commonwealth, No. The victim of a crime can be intimidated as much by a revolver that does not fire bullets as by one that does . Vienna Sec. 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. 2013, c. 746; 2015, cc. B. 3 0 obj (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. Va Code 18.2-308.01: Private property when prohibited by the owner of the property, or where posted as prohibited. A. 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). We have concluded that the definition of a firearm is the same under Code 18.2308.2 as it is under Code 18.256.1(A). (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. Here's An Unpopular Take: A Gun Owner's Defense of Alec Baldwin ~ VIDEO Any person who willfully discharges or causes to be discharged any firearm in the city shall be guilty of a class 1 misdemeanor; provided that this section shall not apply to any law enforcement officer in the performance of his official duties, or to any other person whose said willful act is otherwise justifiable or excusable at law in the protection of his life or property or is otherwise specifically authorized by law. 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. 18.2-56.1. If the violation is committed while hunting or trapping, the civil penalty of license revocation may also be imposed. Va Code 18.2-308.1: School property. at 584, 562 S.E.2d at 145. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. A firearm is a deadly weapon without proof that it was operable or loaded. Va. Code 18.2-56.1. {??(^G~z5t@B?+!o|z/?A It does not need to be operable, capable of being fired, or had the actual capacity to do serious harm.. V\!;T83C2ma &#D 'Xq?E:)&k\*p^^P^i n|F%6k>t%5v5+I2=^/aq`XXd :&775yF'$o Lee could not see if any of the other men were carrying guns. Reckless handling of firearms; reckless handling while hunting. 13-2-3 Discharge of firearms. One of the men took an item and walked out without paying for it. B. Jf/d}&i{jFx(D^R^9zn|8+;d_rt>~z^S_){cP}Gub0:(,~PO:)}:giC3S_c!^O+JJrdOMw0MJ n- dSR Click to review Virginia's new gun control laws. 18.2-56.1. A violation of this Subsection shall be punishable as a Class 3 misdemeanor. Reckless handling of firearms; reckless handling while hunting A1. In addition to standard criminal penalties, upon conviction of a hunting, fishing, or trapping offense, a judge may also prohibit the accused from hunting, fishing, or trapping for a period of one to five years. 1977, c. 194; 1985, c. 182; 1991, c. 384; 2010, c. 183; 2011, c. 684; 2014, cc. [], Virginia Law Explained: Brandishing Firearm, Va Law 18.2-282 Under Virginia law 18.2-282, it is a class 1 misdemeanor criminal offense topoint, hold or brandish a firearmin such manner as to reasonably induce fear in the mind of another. (a) It shall be unlawful for any person to point, or brandish any firearm, as hereinafter described, or any object similar in appearance to a firearm, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another. Read Section 18.2-56.1 - Reckless handling of firearms; reckless handling while hunting, Va. Code 18.2-56.1, see flags on bad law, and search Casetext's comprehensive legal database All State & Fed. All of the lawyers at the firm are gun owners, , Copyright 2023 | Jurach, Tacey & Quitiquit PLC. 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 persons hunting or trapping license and privileges to hunt or trap while in possession of a firearm for a period of one year to life. 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. He argues that the evidence failed to prove that the object in question was a firearm as contemplated by Code 18.256.1. 2. Any person violating this section shall be guilty of a Class 1 misdemeanor. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor. Client remains eligible to obtain concealed carry permit. A1. To contact us, pleasecomplete this formand well respond as soon as we are able. Arlington, VA Criminal Defense Attorney Case Result: Class 1 Misdemeanor charge for Brandishing a Firearmduring an argument, underVa Law 18.2-282, is scheduled to be DISMISSED conditioned on 12 months of no new violations of law and on the destruction of the firearm used during the altercation. Reckless handling of firearms; reckless handling while hunting on Westlaw. A1. We agree and reverse his conviction. You should not act upon any such information without first seeking qualified professional counsel on your specific matter. 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.
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