Firearm by Felon Lawyer Augusta County, VA
A charge under Va. Code § 18.2‑308.2 — possession of a firearm by a convicted felon — is a serious felony in Augusta County. The case is prosecuted by the Commonwealth’s Attorney and heard in the Augusta County Circuit Court, following a preliminary hearing in the Augusta County General District Court. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys bring extensive combined legal experience to these matters. The firm’s Augusta County practice includes 13 documented case results across all practice areas, every one of them favorable. Results may vary. Whenever you are facing a firearm‑by‑felon charge in Staunton, Waynesboro, Fishersville, or anywhere in the Twenty‑fifth Judicial District, you can reach the firm’s Shenandoah/Woodstock location at (888) 437‑7747.
What Firearm by Felon Means in Augusta County
In Virginia, a person who has been convicted of a felony is prohibited from knowingly and intentionally possessing or transporting a firearm. The governing statute is Va. Code § 18.2‑308.2. Augusta County law enforcement officers take alleged violations seriously, and a conviction carries consequences beyond the sentence itself — it permanently affects your right to possess a firearm under federal law as well. The Commonwealth’s Attorney for Augusta County prosecutes these cases in the Augusta County Circuit Court, and a conviction can result in a felony record that impacts employment, housing, and professional licenses.
Under Va. Code § 18.2‑308.2, possession of a firearm by a convicted felon is a Class 6 felony, punishable by 1–5 years imprisonment, or at the discretion of a jury, up to 12 months in jail. Mandatory minimum sentences of two years apply if the prior felony was a violent felony under § 17.1‑805 committed within the preceding ten years; the minimum increases to five years if the firearm was loaded.
Source: Va. Code § 18.2‑308.2. Virginia Legislative Information System
Reviewed by Mr. Sris, admitted in VA, MD, DC, NJ, and NY.
Each case follows a path through the Augusta County court system. A magistrate sets bond shortly after arrest, and the matter proceeds to the Augusta County General District Court for a preliminary hearing. If the court finds probable cause, the case is certified to the Augusta County Circuit Court for trial. Defendants have an absolute right to a jury trial in Circuit Court. The procedural timeline depends on the court’s calendar and the complexity of the case, but early engagement with an experienced attorney is critical because pretrial motions and negotiations can affect whether the case is resolved at the preliminary hearing stage or proceeds to a full trial. The firm’s Of Counsel attorneys, including a former Virginia State Trooper, understand how law enforcement agencies in the central Shenandoah Valley investigate firearms offenses and how to identify procedural weaknesses in the state’s case.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Firearm by Felon Cases
Mr. Sris, a former prosecutor, and the firm’s Of Counsel attorneys approach each firearm‑by‑felon case by first examining the stop, the search, and the chain of custody. A suppression motion may be warranted if law enforcement violated the defendant’s Fourth Amendment rights. The team also reviews whether the predicate felony conviction qualifies under the statute and whether any restoration‑of‑rights proceedings affect the charge. Because Law Offices Of SRIS, P.C. Practices in Virginia, Maryland, the District of Columbia, New Jersey, and New York, its attorneys are familiar with how a Virginia felony conviction can intersect with federal firearms disabilities under 18 U.S.C. § 922(g)(1), a fact that is especially important for clients who travel or who hold professional licenses.
The firm’s Of Counsel attorneys, working together with Mr. Sris, bring extensive combined legal experience to these matters. One of the Of Counsel attorneys spent 15 years as a Virginia State Trooper, giving the team firsthand insight into the investigative techniques and protocols that typically accompany a firearms‑possession arrest. That background helps the firm evaluate whether procedural errors occurred during the investigation. From the initial consultation through every court appearance in Staunton, the focus is on building a thorough defense that accounts for both the immediate criminal charge and the long‑term collateral consequences of a felony conviction.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris is a former prosecutor and the Owner and Founder of Law Offices Of SRIS, P.C. He has practiced law since 1997 and 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 keeps a focused caseload so that every matter receives thorough attention. The firm’s Of Counsel attorneys in Virginia include a former Virginia State Trooper who spent 15 years with the state police and an attorney with extensive felony trial experience in the Augusta County Circuit Court and the U.S. District Court for the Eastern District of Virginia. Together, Mr. Sris and the firm’s Of Counsel attorneys have documented 13 favorable outcomes in Augusta County across all practice areas. Results may vary.
Frequently Asked Questions
What is firearm by felon in Virginia?
Firearm by felon is the criminal offense of knowingly possessing or transporting a firearm after having been convicted of a felony, prohibited under Va. Code § 18.2‑308.2. The charge is a Class 6 felony, and the Commonwealth must prove that the person was a convicted felon at the time of possession and that the item meets the legal definition of a firearm. Federal law separately prohibits felons from possessing firearms under 18 U.S.C. § 922(g)(1), and parallel federal charges are possible.
What are the penalties for firearm by felon in Augusta County?
A conviction under Va. Code § 18.2‑308.2 is a Class 6 felony carrying 1–5 years imprisonment, or at a jury’s discretion, up to 12 months in jail. If the prior felony was a violent felony under § 17.1‑805 committed within ten years, a mandatory minimum two‑year sentence applies; that minimum rises to five years if the firearm was loaded. The Augusta County Circuit Court imposes the sentence. Additionally, a conviction triggers a lifetime federal firearms disability.
Can a firearm by felon charge be reduced or dismissed?
A firearm‑by‑felon charge may be reduced, dismissed, or resolved through a negotiated agreement depending on the facts of the case. Common grounds for dismissal or reduction include constitutional violations in the stop or search, insufficiency of the evidence tying the firearm to the defendant, or a successful challenge to the predicate felony’s legal status. Past results do not guarantee a similar outcome, an experienced attorney can identify whether the Commonwealth’s case has weaknesses that might support a favorable resolution.
What defenses are available against a firearm by felon charge?
Defenses may include challenging the legality of the search and seizure, contesting whether the defendant knowingly possessed the firearm, or arguing that the prior felony conviction does not qualify under the statute. A restoration‑of‑rights order may also provide a defense if the defendant’s firearm rights have been restored. Because law enforcement often relies on statements made during the arrest, an attorney can evaluate whether Miranda warnings were properly given and whether any inculpatory statements should be suppressed.
What should I do if I am charged with firearm by felon in Augusta County?
If you are charged with firearm by felon, ask to speak with an attorney and do not discuss the facts with law enforcement until you have obtained counsel. Preserve any documents or records related to the predicate felony and the arrest. Contact a criminal defense attorney as soon as possible so that the legal team can begin examining the charges, evaluating bond conditions, and preparing for the preliminary hearing in the Augusta County General District Court. The earlier counsel is involved, the more options may be available.
Do I need a lawyer for a firearm by felon charge?
Given the severity of a felony conviction and the mandatory minimum sentences that can apply, you should have an experienced criminal defense attorney represent you. A felony conviction permanently alters your ability to possess a firearm and can affect employment, immigration status, and professional licenses. In Augusta County, the Commonwealth’s Attorney prosecutes these cases vigorously, and the procedures in the General District Court and Circuit Court demand familiarity with local practice. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Additional resources for the Shenandoah Valley:
Clarke County criminal defense |
Shenandoah County criminal defense |
Frederick County criminal defense |
Warren County criminal defense |
Rockingham County criminal defense
Virginia primary sources:
Va. Code § 18.2‑308.2 |
Augusta County Circuit Court
Attorney advertising. Prior results do not guarantee a similar outcome.
Results may vary.
Case results depend on a variety of factors unique to each case.