Firearm by Felon Lawyer Stafford County, VA
You have a prior felony conviction. You received information that law enforcement was planning to search your home. By the time they arrived, a firearm had been placed in an area you believed was secure, but it was discovered during the search. Now you are facing a charge under Virginia Code § 18.2‑308.2—possession of a firearm by a convicted felon. This is a Class 6 felony that carries the possibility of years in prison and a mandatory minimum sentence in certain circumstances. Mr. Sris, a former prosecutor, understands how the Commonwealth builds its case. Contact Law Offices Of SRIS, P.C. at (888) 437‑7747 to discuss your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Strategy Options for Firearm by Felon Defense
A firearm-by-felon charge rests on three elements: the defendant has a prior felony conviction, knowingly possessed a firearm, and the possession occurred within Virginia. Defense strategies focus on challenging each element. An experienced attorney may examine whether the underlying felony qualifies under the statute, whether the search that uncovered the firearm complied with constitutional requirements, or whether the accused had actual knowledge of the firearm’s presence. Constructive-possession cases—where the firearm is not found on the person—often turn on whether the prosecution can prove knowing dominion and control beyond a reasonable doubt.
Our approach includes a thorough review of the investigation’s procedure and evidence. If a search warrant was defective or officers exceeded its scope, suppression of the firearm may be possible. Additionally, we explore whether the predicate felony conviction can be challenged collaterally, for instance if it resulted from a guilty plea without proper advisement of rights. When legal grounds exist to weaken the prosecution’s case, the Commonwealth’s Attorney may agree to amend the charge or dismiss it. Mr. Sris and the firm’s Of Counsel attorneys work to build a well-prepared defense while keeping the client informed of realistic options.
What to Expect During a Firearm by Felon Case
After an arrest in Stafford County on a firearm-by-felon charge, you will appear before a magistrate who sets bond. A preliminary hearing is typically scheduled in the Stafford County General District Court. If the judge finds probable cause, the case is certified to the Stafford County Circuit Court for trial or further proceedings. The timeline varies by the complexity of the case and the court’s calendar. Defendants have an absolute right to a jury trial in Circuit Court for any offense that carries potential jail time.
At the Circuit Court level, discovery is exchanged and defense counsel may file motions to suppress evidence. Plea negotiations can occur at any stage. If no resolution is reached, the case proceeds to trial. Sentencing, if convicted, is determined by the judge or jury within the statutory range. Throughout the process, being represented by counsel familiar with Stafford County procedures can help you understand each step and respond effectively.
Penalty Overview for Firearm by Felon in Virginia
Under Va. Code § 18.2‑308.2, possession of a firearm by a convicted felon is a Class 6 felony. The standard sentence is one to five years in prison, though a jury may recommend up to twelve months in jail as an alternative. If the prior felony was a violent felony as defined in § 17.1‑805 and occurred within the preceding ten years, a mandatory minimum term of two years applies. If, in addition, the firearm was loaded at the time of possession, the mandatory minimum rises to five years. These sentencing provisions are non‑negotiable; the judge has no discretion to go below the mandatory minimum once the elements are met.
Beyond incarceration, a conviction results in the permanent loss of firearm rights under both Virginia and federal law. It can affect employment, housing, and professional licenses. If the prior felony was a crime of domestic violence, federal law under 18 U.S.C. § 922(g)(9) imposes an additional lifetime firearms disability. Because the stakes are high, early consultation with an experienced criminal defense lawyer is advisable.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced since 1997. His experience includes appearing before Virginia courts at all levels. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His approach emphasizes detailed case preparation and a realistic assessment of the government’s evidence.
The firm’s Of Counsel attorneys bring extensive combined legal experience. This team includes a former Virginia State Trooper whose law‑enforcement background gives insight into the investigative tactics used in firearm‑possession cases. Together, Mr. Sris and the firm’s Of Counsel attorneys represent clients in Stafford County with a focus on protecting their rights throughout the criminal process. As a multi‑state firm, we serve clients from our Fairfax location by appointment only.
18 documented results in Stafford County: 17 dismissed/not guilty, 1 reduced/amended. Results may vary. prior outcomes do not guarantee a similar result
Frequently Asked Questions
What is a firearm by felon charge in Virginia?
A firearm by felon charge is the crime of knowingly possessing a firearm after having been convicted of a felony. Under Virginia Code § 18.2‑308.2, it is a Class 6 felony. The prosecution must prove you had a prior felony conviction, you possessed a firearm, and the possession occurred in Virginia. Even constructive possession—such as a firearm found in your home or vehicle—can support the charge. Your defense may challenge any of these elements. If you are facing such a charge in Stafford County, an experienced criminal defense lawyer can examine the evidence and advise you on the trusted course.
What is the mandatory minimum sentence for felon in possession of a firearm?
Virginia imposes a mandatory minimum sentence of two years if the prior felony was a violent offense, or five years if the firearm was loaded. The base offense is a Class 6 felony carrying one to five years in prison. If the qualifying prior felony occurred within ten years and meets the violent‑felony definition under § 17.1‑805, the mandatory two‑year minimum applies. If the firearm was loaded, the minimum increases to five years. No judicial discretion exists to go below these floors. Because mandatory minimums can significantly extend incarceration, having counsel who thoroughly investigates the underlying facts is critical.
How can a lawyer defend against a firearm by felon charge?
Defense strategies may include challenging the search, disputing knowledge of the firearm, or questioning the validity of the prior felony conviction. If the search that found the firearm violated the Fourth Amendment, the evidence may be suppressed. Where the firearm was not on your person, the prosecutor must prove constructive possession—knowing dominion and control. Attacking weak evidence or ambiguous circumstances can lead to dismissal. In some cases, collateral review of the prior felony shows it was constitutionally infirm, removing the predicate for the charge. Mr. Sris and the firm’s Of Counsel attorneys analyze all aspects of the state’s case.
Can a felon ever regain the right to possess a firearm in Virginia?
Restoration of firearm rights in Virginia requires a petition to the Governor. There is no automatic restoration. You must demonstrate rehabilitation and a clean record since the conviction. Even with restoration, federal law under 18 U.S.C. § 922(g) may still prohibit possession unless the state restoration fully restores civil rights and includes an express authorization to possess firearms. The process is lengthy and discretionary, so any plan to regain rights should be discussed with an attorney. Meanwhile, any possession before restoration is a felony and carries mandatory penalties.
What is the bail process for firearm by felon charges in Stafford County?
A magistrate sets bond shortly after arrest, and the amount depends on factors like flight risk and danger to the community. For firearm‑by‑felon charges, secured bond is common because the offense involves a weapon. You may need to pay a percentage to a bail bondsman. The bond decision can be appealed to the Stafford County General District Court, where a judge may modify the terms. Arriving at the bond hearing with private counsel can help present arguments for a lower bond or alternative conditions, such as electronic monitoring, that may make release more feasible while the case is pending.
Will a domestic violence misdemeanor trigger the firearm prohibition?
Yes, a qualifying misdemeanor crime of domestic violence triggers a lifetime federal firearm disability under 18 U.S.C. § 922(g)(9). In Virginia, a conviction for assault and battery against a family or household member under Va. Code § 18.2‑57.2 meets the federal definition. That means you are permanently barred from possessing firearms and ammunition. If you later possess a firearm, you can be prosecuted federally for being a prohibited person. The state‑level felon‑in‑possession statute may also apply if the domestic violence misdemeanor is considered a predicate felony classification. Understanding these overlapping prohibitions is essential.
What should I do if I am facing a firearm by felon charge in Stafford County?
Contact a criminal defense lawyer immediately and do not discuss the facts of your case with anyone except your attorney. Preserve any evidence that may help your defense, such as documents relating to the prior conviction or the circumstances of the arrest. Avoid posting about the charge on social media. Early intervention can affect bond conditions, evidence preservation, and the direction of the investigation. Reach Law Offices Of SRIS, P.C. at (888) 437‑7747 to request a consultation. Our Fairfax location serves clients in Stafford County by appointment only.
Is expungement available for a firearm by felon conviction in Virginia?
Generally, adult convictions cannot be expunged in Virginia. Under Va. Code § 19.2‑392.2, expungement is limited to cases that ended in an acquittal, nolle prosequi, or dismissal. If your firearm‑by‑felon charge is dismissed or you are found not guilty, you may petition the Stafford County Circuit Court to expunge the arrest record. If you were convicted, the conviction remains on your record absent a gubernatorial pardon. However, a successful defense that results in a dismissal can preserve your ability to seek expungement. Discuss the long‑term consequences of any plea with your attorney.
Outbound authority links: Virginia Code § 18.2‑308.2 · Stafford County General District Court
For a full statutory breakdown of Virginia criminal law, see our comprehensive analysis at srislawyer.com.
If you are facing a firearm‑by‑felon charge in Stafford County, contact Law Offices Of SRIS, P.C. at (888) 437‑7747 to request a consultation. Our Fairfax location serves clients by appointment only.
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.