Firearm by Felon Lawyer Warren County, VA
A charge of possessing a firearm after a felony conviction under Va. Code § 18.2‑308.2 is a Class 6 felony in Virginia. In Warren County, these cases are prosecuted by the Commonwealth’s Attorney and can result in a prison sentence of one to five years—or, under a mandatory‑minimum provision, two years behind bars for certain violent‑felony priors. The firm’s attorneys understand the significance of a firearm‑by‑felon allegation and appear regularly at the Warren County General District Court and Warren County Circuit Court (1 East Main Street, Front Royal, VA 22630). If you are facing this charge, early legal guidance is critical. Contact Law Offices Of SRIS, P.C. at (888) 437‑7747 to request a consultation about your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What a Firearm‑by‑Felon Charge Means in Warren County, Virginia
Virginia law prohibits any person who has been convicted of a felony from knowingly and intentionally possessing or transporting a firearm. The offense is governed by Va. Code § 18.2‑308.2 and is a Class 6 felony. A conviction carries a sentence of one to five years in prison, though a jury may impose a jail term of up to twelve months in certain circumstances. If the defendant’s prior felony conviction was for a violent offense—as defined in Va. Code § 17.1‑805—and occurred within ten years, a mandatory minimum of two years applies. When the firearm is loaded and the prior violent felony is within ten years, the mandatory minimum rises to five years.
In Warren County, a firearm‑by‑felon charge begins in the General District Court (misdemeanor‑level crimes and felony preliminary hearings) and, depending on the outcome of the preliminary hearing, moves to the Circuit Court for trial by jury if the defendant so elects. The Commonwealth’s Attorney for the Twenty‑sixth Judicial District prosecutes these matters. The firm’s attorneys are familiar with the scheduling practices of the Warren County courts and the posture that the local prosecutor’s office typically takes in possession‑of‑firearm cases. This locality knowledge helps when assessing the strength of the evidence and when discussing resolution options with the prosecution.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Firearm‑by‑Felon Cases
Every firearm‑by‑felon matter requires a careful review of the elements the Commonwealth must prove. The prosecution must establish that the accused was previously convicted of a felony, that he or she knowingly and intentionally possessed a firearm, and that the object in question meets the statutory definition of a firearm. The firm’s attorneys examine the chain of custody of the weapon, the basis for the initial stop or search, and whether the prior conviction qualifies as a felony under Virginia law. Where significant procedural or factual weaknesses exist, the Commonwealth’s Attorney may be open to a resolution that avoids a felony conviction.
Beyond the courtroom, the firm’s attorneys explore whether any post‑conviction remedies—such as a petition for restoration of firearms rights to the Governor—may provide a long‑term path to relief, although these options are limited and depend on the specifics of the prior felony. When a federal charge under 18 U.S.C. § 922(g) is filed in parallel, the firm’s attorneys coordinate the defense across both state and federal proceedings. The goal in every case is to present a rigorous defense based on the facts and the law, while protecting the client’s future opportunities.
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. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Having practiced since 1997, Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His experience informs the firm’s approach to criminal defense, including firearm‑possession cases.
The firm’s Of Counsel attorneys bring varied backgrounds that strengthen the defense of firearms charges. Among them is a former Virginia State Trooper whose law‑enforcement career provides insight into how firearm‑possession investigations are built and how evidence is collected. Mr. Sris and the firm’s Of Counsel attorneys have documented case results in Warren County. Results may vary. The team draws on extensive combined legal experience to address the challenges that a firearm‑by‑felon charge presents.
Frequently Asked Questions
What is the penalty for a firearm‑by‑felon conviction in Virginia?
A firearm‑by‑felon conviction is a Class 6 felony in Virginia, carrying up to five years in prison and a fine of up to $2,500. Under Va. Code § 18.2‑308.2, if the prior felony was a violent offense within ten years, a mandatory minimum of two years applies; a loaded firearm raises the mandatory minimum to five years. A jury may impose a jail sentence of up to twelve months instead of a state‑prison term in some cases. A felony conviction also results in the loss of firearms rights and may affect employment and housing. For a discussion of how these penalties might apply to your situation, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
Can a convicted felon ever have firearm rights restored in Virginia?
Restoration of firearms rights is possible in limited circumstances, typically through a governor’s pardon or a court order restoring civil rights, but it is not automatic. Even after civil rights are restored, the right to possess a firearm is a separate determination. The process is fact‑specific and can be complex, especially for violent‑felony priors. The firm’s attorneys can evaluate whether a restoration petition is a viable option. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
What are common defenses to a firearm‑by‑felon charge in Warren County?
Defenses often focus on whether the accused knowingly possessed the firearm, whether the object qualifies as a firearm under Virginia law, and whether the prior conviction is indeed a disqualifying felony. In some cases, the Commonwealth may not be able to prove that the defendant was aware of the weapon’s presence—for example, if the firearm was found in a shared space. Procedural challenges to the stop or search may also be raised. Each defense depends on the specific facts and the evidence. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
Is a firearm‑by‑felon charge a state or federal offense?
It can be either; a charge under Va. Code § 18.2‑308.2 is a state offense, while the same conduct may also be charged federally under 18 U.S.C. § 922(g)(1). Federal charges carry longer potential sentences and no parole. If both prosecutions are possible, coordination between state and federal counsel is important. The firm’s attorneys are admitted in Virginia federal courts and can handle both matters if needed. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437‑7747.
What should I do if I am arrested for firearm‑by‑felon in Warren County?
Remain silent and ask to speak with an attorney. Do not discuss the allegations with law enforcement without counsel present. Early legal intervention can help preserve your rights, secure release on bond where appropriate, and begin investigating the prosecution’s case. Contact Law Offices Of SRIS, P.C. at (888) 437‑7747 as soon as possible after an arrest to request a consultation.
How does the court process work for a firearm‑by‑felon case in Warren County?
The case typically begins with an arrest and initial appearance before a magistrate, followed by an arraignment in the Warren County General District Court. A preliminary hearing in the General District Court determines whether probable cause exists to send the case to the Circuit Court. If the case is certified, the defendant may choose a bench trial or a jury trial in Circuit Court. The timeline varies depending on court scheduling and the complexity of discovery. Throughout this process, the firm’s attorneys work to protect the client’s rights and prepare a thorough defense.
Related Criminal Defense Pages
Clarke County Criminal Lawyer |
Shenandoah County Criminal Lawyer |
Frederick County Criminal Lawyer |
Rockingham County Criminal Lawyer |
Augusta County Criminal Lawyer
Virginia Legal Resources
Virginia Code Title 18.2 (Crimes and Offenses)
Warren County General District Court
Virginia Judicial System
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Results may vary. Case results depend on a variety of factors unique to each case.