Firearm by Felon Lawyer Colonial Heights, VA
A charge of possessing a firearm as a convicted felon is one of the most serious firearm offenses a person can face in Virginia. In Colonial Heights, these cases are prosecuted with the full weight of the Commonwealth, and a conviction can bring years of incarceration and a permanent felony record. If you or someone close to you has been charged under Va. Code § 18.2‑308.2, the need for experienced legal representation cannot be overstated. Mr. Sris and his Of Counsel team have concentrated their practice on criminal defense matters since 1997, and they work to build a well‑prepared defense for every client—meticulously examining the evidence, challenging procedural missteps, and presenting the strong $1s in court. The firm’s Richmond location serves clients who appear in Colonial Heights General District Court and Colonial Heights Circuit Court. Early involvement by defense counsel can influence bond decisions, pre‑trial motions, and the prosecution’s charging posture. For a consultation about your case, reach Law Offices Of SRIS, P.C. at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Firearm by Felon Means in Colonial Heights
Under Virginia law, it is unlawful for any person who has been convicted of a felony to knowingly and intentionally possess or transport a firearm. The statute, Va. Code § 18.2‑308.2, treats the offense as a Class 6 felony, which carries a potential sentence of one to five years in prison—or, in some instances, up to twelve months in jail and a fine, at a jury’s discretion. Certain prior violent felony convictions can trigger mandatory minimum terms, making the stakes exceptionally high. The offense does not require that the firearm be used in a crime; mere knowing possession, even in a vehicle or a residence, is enough to support a charge.
Colonial Heights, an independent city within the Twelfth Judicial District, handles all felony preliminary hearings and misdemeanor trials at the Colonial Heights General District Court at 550 Boulevard. Felony jury trials and appeals from the General District Court are held at the Colonial Heights Circuit Court. The Commonwealth’s Attorney for Colonial Heights prosecutes these cases, and the office brings significant experience to bear. Because Virginia does not allow judicial‑level plea bargaining, the defense must engage with the prosecutor early and construct a factual and legal challenge that creates room for a negotiated reduction—or, when appropriate, prepare a thorough trial defense.
In our practice representing individuals charged with firearm‑by‑felon offenses in this locality, we understand the local court practices and the procedural pathways that can affect the course of a case. For example, bond conditions, pre‑trial discovery, and the availability of certain diversion programs vary by the specifics of the charge and the defendant’s history. While first‑offender statutes exist for some Virginia offenses, they do not directly apply to firearm‑by‑felon charges, so a dismissal or reduction typically must be earned through legal argument, evidentiary motions, or a jury acquittal.
How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases
When Mr. Sris and his Of Counsel team take on a firearm‑by‑felon matter, they begin by thoroughly examining the circumstances of the arrest and the basis for the charge. Was the search that uncovered the firearm lawful? Was the item actually a “firearm” as defined by the statute? Does the predicate felony conviction actually trigger the prohibition, or does it fall within an exception? Is there a viable claim that the alleged possessor did not knowingly or intentionally possess the weapon? Each of these questions can open a significant defense.
The team also evaluates whether a parallel federal charge under 18 U.S.C. § 922(g) is likely—a consideration that influences the entire defense strategy, as federal firearm‑possession offenses often carry mandatory minimum sentences and no parole. Once the factual landscape is clear, the team engages with the Commonwealth’s Attorney’s office to explore any potential for an amendment or reduction, while at the same time preparing motions to suppress evidence, to challenge the admissibility of prior convictions, or to seek dismissal on legal grounds. If a resolution short of trial cannot be reached, Mr. Sris and his Of Counsel are prepared to try the case before a Colonial Heights jury. They work to achieve a favorable outcome in each matter, though every case is different and past results do not guarantee a similar result in any future case.
About Mr. Sris and His Of Counsel Team
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. He is a former prosecutor who has practiced criminal defense since the firm was founded in 1997. His experience includes testifying before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, enabling the firm to serve clients whose legal concerns cross jurisdictional boundaries. Mr. Sris keeps his caseload intentionally manageable so that he can stay closely involved in the development of each client’s defense.
Mr. Sris is supported by a team of Of Counsel attorneys with extensive criminal‑defense experience. One Of Counsel is a former Virginia State Trooper who served for 15 years, bringing a unique understanding of law‑enforcement procedures and investigative techniques. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience. Results may vary. Mr. Sris and his Of Counsel have documented 4,739+ case results since 1997, reflecting their steady commitment to criminal defense work.
Frequently Asked Questions
What is firearm by a felon in Virginia?
Firearm by a felon, governed by Va. Code § 18.2‑308.2, makes it a felony for any person who has been convicted of a felony to knowingly and intentionally possess or transport a firearm. The prohibition applies to handguns, rifles, and shotguns, and no criminal use of the weapon is required—mere possession suffices. The underlying felony conviction can be from any jurisdiction, and even certain out‑of‑state convictions that would be felonies in Virginia may trigger the prohibition. A conviction under this statute results in a permanent felony record, loss of firearm rights, and often significant jail or prison time. For someone with a prior violent felony, mandatory minimum sentences can apply, leaving a judge with limited sentencing discretion.
What are the penalties for firearm by felon in Virginia?
As a Class 6 felony, a firearm‑by‑felon conviction in Virginia carries a sentence of one to five years in prison, or at a jury’s discretion, up to twelve months in jail and a fine of up to $2,500. If the prior felony was a violent offense as defined by Virginia law and was committed within the preceding ten years, the statute imposes a mandatory minimum term of two years. If the firearm was loaded or the defendant had a prior conviction for a violent felony, the mandatory minimum can rise to five years. Because of these escalating penalties, the stakes cannot be overstated. A conviction also results in the permanent loss of the right to possess firearms and may impact employment, professional licensing, and immigration status.
How does a lawyer defend against a firearm by felon charge?
A defense attorney challenges the firearm‑by‑felon charge by scrutinizing the legality of the search that uncovered the weapon, the proof that the defendant knowingly possessed it, and the validity of the predicate felony conviction. If law enforcement conducted a warrantless search without a valid exception, the firearm may be suppressed. The attorney may also argue that the object did not meet the statutory definition of a “firearm,” that the defendant did not know about the firearm’s presence, or that the prior conviction was not a qualifying felony. In some cases, negotiation with the Commonwealth’s Attorney can lead to an amendment to a lesser offense that does not carry the same mandatory minimums or long‑term consequences.
What should I do if I am charged with firearm by felon in Colonial Heights?
Contact an experienced criminal defense lawyer immediately, and do not discuss the facts of your case with anyone except your attorney. If you are in custody, assert your right to remain silent and ask to speak with a lawyer. Preserve any documents, messages, or other evidence that may be relevant, but do not attempt to contact witnesses or conduct your own investigation—those actions can inadvertently harm your defense. An attorney can appear at your initial bond hearing, begin challenging the evidence early, and advise you on how to proceed at each stage. In Colonial Heights, your case will be heard at the Colonial Heights General District Court for preliminary matters and, if it goes to trial, at the Colonial Heights Circuit Court.
Can a convicted felon ever possess a firearm again in Virginia?
In Virginia, felons who have had their civil rights restored by the Governor may petition the circuit court for a permit to carry a firearm, but the process is discretionary and not available in every case. Restoration of rights by the Governor typically restores the right to vote, serve on a jury, and hold public office, but it does not automatically restore the right to possess a firearm. A separate petition to the circuit court must be filed, and the court considers factors such as the nature of the original offense, the time that has passed, and the applicant’s rehabilitation. Even if the state right is restored, federal law under 18 U.S.C. § 922(g) may still prohibit firearm possession by a convicted felon, so the federal dimension must be assessed as well.
Do I need a lawyer for a firearm by felon charge in Colonial Heights?
Yes. A firearm‑by‑felon charge is a serious felony with potential prison time, mandatory minimums, and permanent consequences; a lawyer’s early involvement can meaningfully affect the outcome. Even if you believe the evidence against you is weak, the prosecution will present its case actively, and the procedures and rules of evidence are not easily navigated without legal training. An experienced defense attorney can identify defenses that may not be obvious, negotiate with the Commonwealth’s Attorney, and, if necessary, take your case to trial before a Colonial Heights jury. The earlier an attorney is consulted, the more options may be available.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
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Results may vary.