Firearm by Felon Lawyer Fauquier County, VA
If you are facing a firearm by felon charge in Fauquier County, Virginia, the stakes are immediate and serious. Under Va. Code § 18.2‑308.2, a person previously convicted of a felony who knowingly and intentionally possesses or transports any firearm commits a Class 6 felony. The potential sentence includes one to five years in prison, and if the triggering felony was a violent felony within the past ten years, a mandatory minimum two‑year term applies. These matters are prosecuted in the Fauquier County General District Court for initial proceedings and, for felony trials, in the Fauquier County Circuit Court at 6 Court Street, Warrenton. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. represent individuals in firearm‑by‑felon cases across Northern Virginia. For a confidential consultation, reach our Fairfax Location at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Possession of a firearm by a convicted felon in Virginia is a Class 6 felony, punishable by one to five years imprisonment; a mandatory minimum of two years applies when the prior felony was a violent felony committed within the preceding ten years.
Source: Va. Code § 18.2‑308.2. Va. Code § 18.2‑308.2
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
What Firearm by Felon Means in Fauquier County
In Fauquier County, a firearm by felon accusation triggers a felony prosecution that moves through two distinct courts. The Fauquier County General District Court handles the initial hearing, which is a preliminary hearing for a felony charge. If the court finds probable cause, the case is certified to the Fauquier County Circuit Court, where the felony trial is held. Both courts are at 6 Court Street, Warrenton, VA 20186, and the Commonwealth’s Attorney for Fauquier County serves as the prosecuting authority. Defendants have an absolute right to a jury trial in Circuit Court for any offense that carries potential jail time, including felony possession of a firearm by a convicted felon.
Virginia law treats firearm‑by‑felon offenses with particular severity. The statute, Va. Code § 18.2‑308.2, makes it unlawful for anyone who has been convicted of a felony to knowingly possess or transport a firearm. The base penalty is one to five years imprisonment, but if the predicate felony qualifies as a violent felony under Va. Code § 17.1‑805 and occurred within the preceding ten years, a two‑year mandatory minimum applies. If the firearm was loaded and the prior felony was violent, the mandatory minimum rises to five years. Because these mandatory sentences restrict a judge’s sentencing discretion, early legal involvement is essential. Our Fairfax Location — 4008 Williamsburg Court, Fairfax, VA 22032 — represents clients at the Fauquier County courts; reach us at (888) 437‑7747 to discuss your matter.
How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases
Defending a firearm‑by‑felon charge requires a thorough, methodical approach. Mr. Sris and his Of Counsel begin by examining the factual basis for the stop, search, and seizure that led to the discovery of the firearm. If law enforcement exceeded the scope of a permissible encounter or failed to respect Fourth Amendment protections, a motion to suppress can alter the course of the case. They also scrutinize the chain of custody, laboratory analysis, and any statements attributed to the accused to ensure procedural compliance was maintained.
The team then evaluates the classification of the prior felony conviction. Not every past felony triggers the firearm prohibition; some offenses may have been reduced, expunged, or restored through a governor’s petition. Where the predicate conviction is constitutionally infirm or the defendant’s rights have been restored, the charge may be subject to dismissal or amendment. Throughout the process, Mr. Sris and his Of Counsel work to identify the strong $1 posture and communicate with the Commonwealth’s Attorney to explore charging alternatives when the facts warrant. Results may vary.
Law Offices Of SRIS, P.C. has documented a favorable result in a Fauquier County criminal matter — a reduced/amended outcome in the firm’s reported case. While that experience provides familiarity with local court expectations, every case is unique, and the firm does not guarantee any particular outcome. Contact us at (888) 437‑7747 to request a consultation.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. A former prosecutor, he brings the perspective of someone who has built cases from the other side, an insight that informs his defense strategy in serious felony matters. 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).
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, backed by 4,739+ documented firm-wide results. Results may vary. The Of Counsel team includes attorneys with backgrounds that directly benefit firearm‑by‑felon defense: one Of Counsel served for 15 years as a Virginia State Trooper, giving the team a practical understanding of police procedures, investigative protocols, and evidence handling. Another Of Counsel is a former Maryland Assistant State’s Attorney who prosecuted criminal cases in District and Circuit Courts. Together, the firm’s attorneys work to identify procedural weaknesses, challenge evidence, and build thorough defenses for clients in Fauquier County and throughout Northern Virginia.
Frequently Asked Questions
What is the penalty for firearm by felon in Fauquier County?
A firearm‑by‑felon conviction in Fauquier County is a Class 6 felony carrying one to five years imprisonment, with a mandatory minimum of two years if the prior felony was violent and occurred within ten years. If the firearm was loaded and the prior felony was violent, the mandatory minimum increases to five years. The court may also impose fines and a term of supervised release. Because mandatory minimums limit judicial discretion, early legal evaluation is critical. For a confidential discussion of your situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Can a firearm by felon charge be reduced or dismissed?
Yes, a firearm‑by‑felon charge can be reduced or dismissed if legal defenses undermine the prosecution’s case or if the predicate felony no longer triggers the firearm prohibition. Defenses may include a flawed stop or search, a mistaken identity, or a restoration of the defendant’s firearm rights. The Commonwealth’s Attorney may also amend or withdraw the charge when evidence is weak. Outcomes depend on the specific facts; Results may vary. Contact our team at (888) 437‑7747 to evaluate your options.
What happens at the first court appearance in Fauquier County for a firearm by felon case?
At the first appearance in the Fauquier County General District Court, a judge or magistrate will inform you of the charge, determine bond conditions, and schedule a preliminary hearing. For felony firearm charges, the preliminary hearing is set to determine whether probable cause exists to send the case to the Fauquier County Circuit Court for trial. Having an attorney present at this stage can significantly affect bond and the direction of the case. Reach Law Offices Of SRIS, P.C. at (888) 437‑7747 for representation at court.
Do I need a lawyer for a firearm by felon charge in Fauquier County?
Yes, retaining an experienced criminal defense lawyer is essential because a felony firearm conviction can lead to imprisonment, a permanent criminal record, and the loss of firearm rights. Navigating the procedural rules of the General District Court and the Circuit Court, evaluating Fourth Amendment issues, and negotiating with the Commonwealth’s Attorney require a thorough understanding of Virginia criminal law. Mr. Sris and his Of Counsel have practiced in Fauquier County courts and can advise you on the most appropriate defense. Call (888) 437‑7747 to request a consultation.
What should I do immediately after being charged with firearm by felon?
After being charged, remain silent and ask to speak with an attorney; do not discuss the facts with anyone except your lawyer. Preserve any documents, photos, or other evidence that may be relevant. Promptly contact a defense attorney who handles firearm‑by‑felon cases in Fauquier County, because early involvement can influence pretrial release, evidence preservation, and potential charge resolution. To discuss your situation confidentially, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
How do I reach Law Offices Of SRIS, P.C. for a firearm by felon consultation in Fauquier County?
Contact our Fairfax Location at (888) 437‑7747 to schedule a consultation. The firm’s Fairfax Location is at 4008 Williamsburg Court, Fairfax, VA 22032, and consultations are by appointment only. Mr. Sris and his Of Counsel represent clients at the Fauquier County General District Court and Circuit Court. Phone lines are answered during business hours. Call (888) 437‑7747 to speak with a member of our team.
Additional criminal defense resources: Fairfax County criminal defense | Prince William County criminal defense | Stafford County criminal defense | Loudoun County criminal defense | Arlington County criminal defense
Primary sources: Va. Code § 18.2‑308.2 | Fauquier County General District Court
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.