Firearm by Felon Lawyer Alexandria, VA

Under Virginia Code § 18.2-308.2, a person previously convicted of a felony who knowingly possesses a firearm is guilty of a Class 6 felony. Certain prior violent felony convictions can trigger a mandatory minimum sentence, and federal charges may also apply. When an Alexandria, Virginia resident or visitor faces this charge, the case is typically prosecuted in Alexandria General District Court or, if a felony indictment is returned, in Alexandria Circuit Court. Law Offices Of SRIS, P.C. represents clients in Alexandria firearm-by-felon matters. Mr. Sris and the firm’s Of Counsel attorneys appear regularly in these courts and work to protect the client’s rights at every stage. For a consultation, reach the firm at (888) 437-7747.
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Firearm by Felon Charges in Alexandria: What to Expect

A charge under Virginia Code § 18.2-308.2 arises when a person with a prior felony conviction is alleged to have possessed a firearm. The offense is a Class 6 felony, carrying a possible term of imprisonment of one to five years, though a jury may impose a jail sentence of up to twelve months in its discretion. If the prior felony was a violent felony under § 17.1-805 committed within the previous ten years, a mandatory minimum two-year sentence applies; if the firearm was also loaded, the mandatory minimum increases to five years. The Commonwealth’s Attorney for Alexandria prosecutes these cases. Mr. Sris and the firm’s Of Counsel attorneys focus on the factual and legal issues unique to each case.

Someone arrested in Alexandria for firearm possession by a convicted felon will be taken before a magistrate, who sets bond. The case then proceeds to Alexandria General District Court for a preliminary hearing if felony charges are certified, or to Alexandria Circuit Court if an indictment is returned. Mr. Sris and the firm’s Of Counsel attorneys examine the evidence, the legality of the stop and seizure, and any potential constitutional issues. They also explore whether pretrial diversion or a plea agreement negotiated with the Commonwealth’s Attorney is a viable option. Because a conviction carries significant incarceration exposure and a lifetime firearm disability, experienced counsel is critical.

How Mr. Sris and the Firm’s Of Counsel Attorneys Approach Firearm-by-Felon Defense

Mr. Sris, a former prosecutor, founded the firm in 1997. He and the firm’s Of Counsel attorneys bring extensive combined legal experience to criminal defense cases in Alexandria. The team examines every element of the state’s case—from the initial traffic stop or search warrant to the handling of evidence and the reliability of witness testimony. In firearm-by-felon cases, key issues often include whether the defendant actually possessed the firearm, whether the prior felony conviction qualifies as a predicate for the charge, and whether the police conducted the search in accordance with constitutional standards. The attorneys work to identify procedural and factual weaknesses and to present a well-prepared defense at every court appearance.

The firm’s Alexandria practice frequently involves representation at the General District Court at 520 King Street and the Circuit Court in the same courthouse complex. Mr. Sris, admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, coordinates with the firm’s Of Counsel attorneys to ensure that each client receives close attention and thorough preparation. The team consults on pretrial motions, evidence challenges, and sentencing alternatives, including arguments for probation or a suspended sentence where appropriate.

Frequently Asked Questions

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

A lawyer defends against a firearm by felon charge by examining the legality of the stop, search, and seizure; challenging proof of knowing possession; and exploring whether the prior felony qualifies as a predicate offense under Va. Code § 18.2-308.2. Defense strategies may also include negotiating with the Commonwealth’s Attorney for a reduced charge or presenting mitigating facts at sentencing. An experienced attorney evaluates the specific facts of the case to identify the strong $1. For a consultation about your situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

What should I do if I am facing firearm by felon charges in Virginia?

If you are facing a firearm by felon charge, contact a criminal defense attorney promptly, do not discuss the facts with anyone other than your lawyer, and preserve any relevant documents or communications. Early legal involvement can influence bond decisions, evidence preservation, and the direction of the prosecution. Avoid posting about the case on social media. Law Offices Of SRIS, P.C. is available to discuss your matter at (888) 437-7747.

What is the penalty for a firearm by felon conviction in Alexandria?

A first-time firearm by felon conviction is a Class 6 felony in Virginia, punishable by 1–5 years in prison or up to 12 months in jail, with mandatory minimum sentences for certain prior violent felonies. If the prior felony was a violent felony under Virginia law committed within ten years, a mandatory 2-year minimum applies; 5 years if the firearm was loaded. The court may also impose fines and post-release supervision. Results may vary.

What is the difference between state and federal felon-in-possession charges?

State charges under Va. Code § 18.2-308.2 are prosecuted by the Alexandria Commonwealth’s Attorney in Virginia courts, while federal charges under 18 U.S.C. § 922(g) are prosecuted by the U.S. Attorney in the Eastern District of Virginia, with generally harsher sentencing guidelines and no parole. Federal charges often carry longer mandatory minimums and result from investigations by federal agencies such as the ATF or FBI. An attorney experienced in both systems can assess the risks of parallel prosecutions.

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

Yes, because a conviction can result in incarceration, a felony record, and a permanent loss of firearm rights, legal representation is strongly advised. Even a first offense is a felony that can affect employment, housing, and professional licenses. An attorney can help you understand the charges, protect your rights, and work toward the trusted … Outcome. To discuss your case, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

What happens after a firearm by felon arrest in Alexandria?

After arrest, a magistrate sets bond, and the case is scheduled for an initial appearance in Alexandria General District Court, where the Commonwealth’s Attorney must produce evidence for the preliminary hearing. If the court finds probable cause, the case is certified to the Circuit Court grand jury. An indictment triggers further pretrial proceedings and possibly a trial. Each stage involves strict deadlines and procedural rules that an attorney navigates on the client’s behalf.

Can a felon’s firearm rights be restored in Virginia?

A convicted felon may petition the Governor of Virginia for restoration of civil rights, including the right to possess a firearm, but the process is discretionary and does not automatically lift the federal firearms ban. Restoration of rights restores state-level firearm possession, yet 18 U.S.C. § 922(g) still prohibits possession unless the federal disability is removed through a separate legal mechanism. An attorney can explain the interplay between state and federal restoration and their limits.

How does a prior misdemeanor domestic violence conviction affect firearm rights?

A Virginia misdemeanor domestic violence conviction under Va. Code § 18.2-57.2 triggers a lifetime federal firearm prohibition under the Lautenberg Amendment, 18 U.S.C. § 922(g)(9). This ban applies even if state law does not prohibit firearm possession. Amending a § 18.2-57.2 charge to a simple assault under § 18.2-57 may preserve firearm rights. Anyone with a prior domestic violence conviction should consult counsel before handling a firearm.

What are possible defenses to a firearm by felon charge?

Common defenses include lack of knowing possession, illegal search and seizure, insufficient evidence linking the defendant to the firearm, and challenges to the predicate felony conviction’s qualifying status. The Fourth Amendment may bar evidence obtained through an unlawful stop or warrantless entry. A defense might also argue that the defendant did not have actual or constructive possession of the firearm. Each case is fact-specific; a thorough investigation is essential.

How long does a firearm by felon case take in Alexandria?

The timeline varies; a misdemeanor trial in General District Court may be heard within weeks, while a felony certified to Circuit Court can take several months to over a year, depending on pretrial motions and the court’s calendar. Alexandria General District Court schedules preliminary hearings relatively efficiently, but Circuit Court trials depend on the complexity of the case and the availability of judges and juries. An attorney can provide a more precise estimate after reviewing the specific charges.

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 established the firm in 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He and the firm’s Of Counsel attorneys bring extensive combined legal experience to firearm-by-felon defense; they have appeared regularly in Alexandria’s General District and Circuit Courts and work to achieve favorable outcomes. Results may vary.

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