Firearm by Felon Lawyer Botetourt County, VA

A routine patrol stop on Interstate 81 in Botetourt County leads to a vehicle search, and officers discover a firearm. The driver has a prior felony conviction. Now they face charges under Va. Code § 18.2‑308.2—possession of a firearm by a convicted felon. This is a Class 6 felony in Virginia, an offense that can carry a mandatory minimum prison term depending on the nature of the prior conviction and the circumstances of the arrest. At Law Offices Of SRIS, P.C., Mr. Sris and the firm’s Of Counsel attorneys concentrate on criminal defense in Botetourt County, working to protect your rights and build a thorough defense. We are available to discuss your legal options and the steps available to challenge the prosecution’s case. Reach the firm at (888) 437‑7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What a Firearm by Felon Charge Means in Botetourt County

Virginia Code § 18.2‑308.2 makes it unlawful for anyone who has been convicted of a felony to knowingly possess or transport a firearm. In Botetourt County, this charge is treated as a serious felony. The statute classifies the offense as a Class 6 felony, which ordinarily carries a potential sentence of one to five years in prison—or, at the discretion of a jury, up to twelve months in jail and a fine. However, when the prior felony is a “violent felony” as defined by § 17.1‑805 and the conviction occurred within the preceding ten years, the law imposes a mandatory minimum two‑year term of incarceration. If the firearm was loaded at the time of the offense and the prior conviction meets the same criteria, the mandatory minimum rises to five years.

Felony firearm cases in Botetourt County begin in the Botetourt County General District Court at 20 E. Back Street, Suite A, Fincastle, VA 24090, where a preliminary hearing is held. If the court finds probable cause, the matter is certified to the Botetourt County Circuit Court for trial. The firm’s Shenandoah location serves clients throughout Botetourt County, and Mr. Sris and the firm’s Of Counsel attorneys regularly appear in both courts, familiar with the local procedures and the approach the Commonwealth’s Attorney takes in these prosecutions.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Firearm by Felon Cases

Defense of a firearm‑by‑felon charge starts with a careful review of how the evidence was obtained. Mr. Sris and the firm’s Of Counsel attorneys examine whether the traffic stop, the search of the vehicle or person, and the seizure of the firearm complied with constitutional requirements. When law enforcement oversteps, the defense may challenge the admissibility of the evidence. The attorneys also evaluate the specifics of the prior felony conviction, including whether it remains a valid predicate for the firearm prohibition and whether restoration‑of‑rights proceedings may provide a defense. In each case, the goal is to identify all available legal arguments and, where the facts support it, to negotiate with the Commonwealth’s Attorney for a charge reduction or a resolution that minimizes the long‑term consequences of a conviction.

Because every case turns on its own facts, the firm’s approach is fact‑intensive rather than formulaic. The attorneys gather police reports, witness statements, and any body‑camera footage, and they communicate directly with the client about the potential outcomes and the risks of trial versus a negotiated disposition. No two firearm‑by‑felon cases are identical, and the representation is tailored to the particular circumstances of the arrest and the individual’s history.

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

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced criminal defense since 1997. A former prosecutor, he brings experience in trial work and an understanding of how the prosecution builds its cases. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience to firearm‑possession defense. Results may vary. The Of Counsel team includes attorneys who served in law enforcement before entering private practice, providing additional perspective on investigative procedures and the handling of evidence in firearm‑related charges. The firm’s Shenandoah location serves Botetourt County and the surrounding communities.

Last reviewed: July 2026

Frequently Asked Questions

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

A defense attorney examines the legality of the stop and search, scrutinizes the elements of the offense, and investigates whether the prior conviction qualifies under the statute. In Botetourt County, common approaches include challenging whether the defendant knew the firearm was present, contesting the chain of custody, and seeking suppression of evidence obtained through an unlawful search. Each case is evaluated individually, and the defense strategy is crafted around the specific facts and the applicable law.

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

If you are facing charges, you should exercise your right to remain silent and contact an experienced criminal defense attorney immediately. Do not discuss the facts of the case with law enforcement or anyone other than your lawyer. Preserve any documents or communications related to the incident. Prompt legal guidance is critical because early steps—such as requesting a bond hearing and preserving evidence—can meaningfully affect the course of the case.

Can a felon ever legally possess a firearm in Virginia?

Generally, no—Virginia law prohibits convicted felons from possessing firearms, but restoration of rights by the Governor can remove the disability. The restoration process requires a petition and is not automatic. Even if rights are restored, federal law under 18 U.S.C. § 922(g) may still impose a separate prohibition, particularly for certain offenses. An attorney can review your record and advise whether restoration is available and what impact it would have on pending charges.

What penalties does Va. Code § 18.2‑308.2 impose for firearm possession by a felon?

Possession of a firearm by a convicted felon is a Class 6 felony, carrying one to five years in prison, but mandatory minimum sentences apply if the prior felony was violent. If the prior conviction was for a violent felony within the last ten years, a two‑year mandatory minimum term is required; if the firearm was loaded, the mandatory minimum is five years. The court also has the discretion to impose a fine and to sentence the defendant to up to twelve months in jail in lieu of a longer prison term, depending on the jury’s recommendation.

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

Yes, you need a lawyer because a conviction can result in a prison sentence and a permanent felony record that affects employment, housing, and other rights. Even if you believe the evidence is strong, an attorney can evaluate whether constitutional violations occurred, negotiate with the prosecution, and ensure that any plea entered is fully informed. Self‑representation in felony cases is extremely risky. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437‑7747.

What is the difference between GDC and Circuit Court in Botetourt County?

Botetourt County General District Court handles misdemeanor trials and felony preliminary hearings, while the Circuit Court handles all felony trials and any appeals from the lower court. In a firearm‑by‑felon case, the initial appearance and preliminary hearing occur in the GDC. If the judge finds probable cause, the case is bound over to the Circuit Court for trial. Defendants have an absolute right to a jury trial in the Circuit Court for any offense that carries potential jail time.

Can firearm by felon charges be reduced or dismissed in Botetourt County?

Charges may be reduced or dismissed if there are legal weaknesses in the prosecution’s case, such as an illegal search, insufficient evidence of possession, or an invalid predicate felony. The Commonwealth’s Attorney has discretion to amend or nolle prosequi charges, and experienced defense counsel can present mitigating circumstances and legal arguments that may persuade the prosecutor. Each outcome depends on the specific facts, and past results do not guarantee a similar outcome.

What is the role of an Of Counsel attorney in a criminal defense case?

Of Counsel attorneys are independent practitioners who collaborate with the firm on cases, bringing their own experience and perspective without being employees of the firm. At Law Offices Of SRIS, P.C., the Of Counsel team includes attorneys with backgrounds in law enforcement, trial work, and criminal procedure. They work alongside Mr. Sris on client matters, contributing to strategy and appearing in court as needed. This structure allows the firm to draw on a breadth of experience for each case.

Does the firm have experience handling Botetourt County firearm cases?

Yes, Law Offices Of SRIS, P.C. has documented case results in Botetourt County, including criminal matters resolved with favorable outcomes for clients. The firm’s attorneys regularly appear in the Botetourt County General District Court and Circuit Court. While past results are encouraging, every case is unique, and Results may vary. For a specific discussion of your situation, contact the firm at (888) 437‑7747.

How do I schedule a consultation with a firearm by felon lawyer in Botetourt County?

You can call (888) 437‑7747 to request a consultation with Mr. Sris or an Of Counsel attorney. The firm’s Shenandoah location serves Botetourt County, and consultations are by appointment. When you call, a staff member will ask for basic information about your case and schedule a time to discuss your legal options. Early contact can help ensure that your rights are preserved from the very beginning of the criminal process.

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Virginia Code § 18.2‑308.2 |
Botetourt County General District Court |
Virginia Judicial System

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.