How does Lynchburg Exile work?

Under Exile legislation which took effect on July 1, 1999, a person will automatically be sentenced to five years in a Virginia prison if he/she:

• has a prior conviction for a violent felony such as murder, rape, robbery, assault, or certain types of burglary and is convicted of possessing a firearm;

• is convicted of possessing a firearm on school property with the intent to use it or displaying the weapon in a threatening manner;

• is convicted of possessing a firearm while in possession of an illegal drug such as cocaine or heroin;

• is convicted of possessing a firearm while in possession of more than a pound of marijuana with the intent to sell it.

Any person who has a prior conviction for a non-violent felony and is convicted of possessing a firearm will automatically be sentenced to two years in a Virginia prison.

Exile legislation also presumes that any person charged with an Exile crime will not be eligible for bail and will remain in custody until trial. Because Virginia has abolished parole, anyone convicted of these gun crimes will be “exiled” to prison for a full five years, in addition to any other sentence imposed.