Firearm by Felon Lawyer Frederick County, VA

A charge of firearm possession by a convicted felon under Virginia Code § 18.2-308.2 is a serious felony with a mandatory minimum two‑year prison sentence. In Frederick County, these matters begin at the Frederick/Winchester General District Court, 5 North Kent Street, Winchester, VA 22601, and proceed to trial in the Frederick County Circuit Court. The Commonwealth’s Attorney for Frederick County prosecutes the offense, and the consequences of a conviction extend well beyond incarceration: permanent loss of firearm rights, a lasting criminal record, and potential impacts on employment and housing. Law Offices Of SRIS, P.C., through its Shenandoah Valley location, represents individuals facing firearm‑by‑felon allegations across the county—including Winchester, Stephens City, Middletown, Clear Brook, and Gore. The firm has obtained favorable resolutions in many Frederick County criminal matters, including dismissals and deferred dispositions. Results may vary. For a consultation regarding a firearm‑by‑felon charge, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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What Firearm by Felon Means in Frederick County

Under Virginia Code § 18.2-308.2, it is unlawful for any person convicted of a felony to knowingly and intentionally possess or transport a firearm. The offense is a Class 6 felony, punishable by one to five years in prison—or, at the discretion of a jury, up to twelve months in jail. A mandatory minimum two‑year term applies if the prior felony conviction was for a violent offense within the preceding ten years; that minimum rises to five years if the prior violent felony was committed within ten years and the firearm was loaded. In Frederick County, the case begins with an arrest, followed by an initial appearance before a magistrate who sets bond. A preliminary hearing in the General District Court determines probable cause; if found, the matter is certified to the Circuit Court for indictment and trial. The defendant may enter into a plea agreement with the Commonwealth’s Attorney, consistent with Virginia Supreme Court Rule 3A:8. The Frederick County Circuit Court, located in Winchester, has jurisdiction over all felony trials. Because the mandatory‑minimum provisions are severe, early engagement with counsel who understands the local court practices is critical. The timeline varies by case complexity and the court’s calendar; an experienced attorney can help you navigate each stage.

How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases

When Law Offices Of SRIS, P.C. takes on a firearm‑by‑felon case in Frederick County, the first step is a careful review of the circumstances. The defense examines whether the prior conviction qualifies as a predicate felony under Virginia law, whether the client knew of the prohibition, and whether the firearm was actually or constructively possessed. Challenges often focus on the legality of the search that recovered the weapon and whether law enforcement followed proper procedure. Mr. Sris, a former prosecutor, understands how the Commonwealth builds its case and can anticipate the prosecution’s arguments. The firm’s Of Counsel attorneys contribute extensive combined legal experience, and together they work to negotiate with the Commonwealth’s Attorney for a possible reduction or dismissal or to prepare a strong defense for trial. Given the mandatory minimum sentences, early involvement of experienced counsel can make a substantial difference. The firm’s Shenandoah/Woodstock Location at 505 N Main St, Suite 103, Woodstock, VA 22664 serves clients in Frederick County and the surrounding area by appointment only; call (888) 437-7747 to schedule.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has represented clients in Virginia criminal matters since 1997. A former prosecutor, he brings firsthand knowledge of trial strategy and courtroom procedure. The firm’s Of Counsel attorneys are experienced litigators who appear regularly in Frederick County courts. Together, Mr. Sris and the firm’s Of Counsel attorneys have handled a wide range of criminal matters, from misdemeanors to serious felonies, always working toward favorable outcomes for those they represent.

Reviewed by Mr. Sris, Owner and Founder

Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York

Practicing since 1997

Frequently Asked Questions

What is the penalty for firearm possession by a felon in Virginia?

A conviction under Va. Code § 18.2-308.2 is a Class 6 felony, punishable by one to five years in prison or, at the discretion of a jury, up to twelve months in jail. A mandatory minimum two‑year sentence applies if the prior felony was a violent offense within the preceding ten years; that minimum increases to five years if the prior violent felony was committed within ten years and the firearm was loaded. The court may also impose a fine of up to $2,500. A conviction results in permanent loss of firearm rights. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

How does a Virginia lawyer defend against firearm‑by‑felon charges?

Defense strategies often focus on challenging the possession element, the validity of the prior felony conviction, or the legality of the search and seizure that uncovered the firearm. An experienced attorney may argue that the defendant did not knowingly possess the weapon, that the prior conviction does not meet the statutory requirements, or that evidence was obtained in violation of constitutional protections. Other potential defenses include showing that the firearm was an antique not covered by the statute or that the defendant’s civil rights had been restored. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

What should I do if I am charged with firearm by a felon in Frederick County?

If you are facing this charge, you should contact an experienced criminal defense attorney immediately and refrain from discussing the case with anyone else. Exercise your right to remain silent and do not speak to law enforcement without counsel present. Preserve any documents or evidence that may be relevant to the case. Early legal intervention is critical because an attorney can assess the strength of the prosecution’s case, advise you on potential defenses, and begin negotiations with the Commonwealth’s Attorney. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.

Can a convicted felon get firearm rights restored in Virginia?

Restoration of firearm rights in Virginia requires first petitioning the Governor for restoration of civil rights, followed by a separate application for firearm rights. The process is discretionary; there is no automatic right to restoration. An individual must demonstrate that their civil rights—including the right to vote—have been restored before firearm rights may be considered. The timeline and outcome vary depending on the nature of the underlying felony and the individual’s history. An attorney familiar with the restoration process can help navigate the procedural requirements. For guidance, call (888) 437-7747.

Do I need a lawyer for a firearm by felon charge in Frederick County?

Yes, because the mandatory minimum sentences and the complexity of the legal issues make self‑representation extremely risky. The prosecution must prove every element beyond a reasonable doubt, but without legal training it is difficult to identify weaknesses in the state’s case or to properly assert constitutional defenses. An experienced attorney can negotiate with the Commonwealth’s Attorney, challenge evidence, and advise you on whether a plea offer is in your best interest. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Related Criminal Defense Services in Neighboring Counties

For additional information, review the Virginia Code – Crimes and Offenses and the Frederick/Winchester General District Court.

Last reviewed: July 2026

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