Firearm by Felon Lawyer Lexington, VA
In Lexington, Virginia, a charge of possessing a firearm after a felony conviction is among the most serious criminal allegations a person can face. Under Va. Code § 18.2-308.2, it is unlawful for any person who has been convicted of a felony to knowingly and intentionally possess or transport a firearm. This offense is prosecuted vigorously by the Commonwealth’s Attorney for Lexington, and convictions carry mandatory prison time. The case typically begins in Lexington General District Court at 2 South Main Street for an initial appearance or preliminary hearing and, because the charge is a felony, proceeds to Lexington Circuit Court for trial. The stakes—a felony conviction, incarceration, and the loss of future firearm rights—demand immediate, focused representation. Law Offices Of SRIS, P.C. brings extensive combined legal experience to firearm-by-felon cases in Lexington. Mr. Sris and the firm’s Of Counsel attorneys are familiar with the procedures of the Twenty-fifth Judicial District and are prepared to advise clients at every stage. To request a consultation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
A violation of Va. Code § 18.2-308.2 is a Class 6 felony, punishable by 1 to 5 years in prison or, at the jury’s discretion, up to 12 months in jail and a fine. If the prior felony was a violent felony under § 17.1-805 and the offense occurred within 10 years of that prior conviction, a mandatory minimum 2‑year sentence applies; if the firearm was loaded, the mandatory minimum increases to 5 years.
Source: Va. Code § 18.2-308.2. Virginia Code – § 18.2-308.2
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
What Firearm by a Felon Means in Lexington, Virginia
Virginia law, through Va. Code § 18.2-308.2, makes it a felony for any person convicted of any felony to “knowingly and intentionally possess or transport any firearm.” The prohibition extends to every type of firearm—pistols, rifles, shotguns—and the prosecution does not have to prove the weapon was used or displayed. Simply having a firearm within reach or in a vehicle can satisfy the possession element. In Lexington, cases are investigated by the Lexington Police Department or the Rockbridge County Sheriff’s Office and are prosecuted by the Commonwealth’s Attorney for the City of Lexington. The first court appearance typically occurs in Lexington General District Court (2 South Main Street, Lexington, VA 24450), where bond may be argued and a preliminary hearing scheduled. Because the charge is a felony, the case is certified to Lexington Circuit Court for trial or disposition.
The Twenty-fifth Judicial District, which includes Lexington, observes procedures that shape how firearm-by-felon cases proceed. After arrest, a magistrate sets bond; for felony firearm offenses, the bond amount often reflects the mandatory-minimum exposure and the defendant’s prior record. A preliminary hearing in the General District Court determines whether probable cause exists to send the case to the Circuit Court. Throughout the process, deadlines for filings and discovery are strict, and an experienced defense attorney can identify procedural issues that may affect the outcome. Law Offices Of SRIS, P.C. has appeared in both the General District and Circuit Courts of Lexington on behalf of clients facing a range of felony charges, and the firm’s location in nearby Woodstock, Virginia, enables prompt attention to cases in the Lexington area.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Firearm by Felon Cases
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor whose professional background includes extensive courtroom experience in Virginia’s criminal courts. The firm’s Of Counsel attorneys include a former Virginia State Trooper—a unique perspective that allows the defense team to scrutinize how law enforcement gathered evidence and whether constitutional requirements were met. Together, Mr. Sris and the firm’s Of Counsel attorneys apply a multi‑faceted approach to every firearm-by-felon case. They begin by examining the underlying basis for the charge: whether the prior felony conviction remains valid for the purpose of the statute, whether the item in question meets the legal definition of a “firearm,” and whether the government can prove knowing and intentional possession.
In many matters, the defense can negotiate with the Commonwealth’s Attorney to explore alternatives that reduce the exposure to mandatory prison time. Where negotiations do not produce an acceptable resolution, the firm is prepared to challenge the state’s evidence through motions and, if necessary, trial. Because a conviction for firearm by a felon under § 18.2‑308.2 carries a lifetime prohibition on firearm possession under both state and federal law, every step of the process is handled with the gravity the situation demands. The firm’s familiarity with the court calendar of Lexington Circuit Court—currently presided over by the Hon. Christopher M. Billias—allows it to advise clients realistically about what to expect as their case moves forward. Results may vary.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris founded Law Offices Of SRIS, P.C. in 1997 after serving as a prosecutor. He is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. In his role as Owner and Founder, he guides the firm’s work on serious felony matters, including firearm-by-felon defense. The firm’s Of Counsel attorneys bring extensive combined legal experience to every representation. One Of Counsel attorney served for 15 years as a Virginia State Trooper before entering private practice; that background provides insight into police investigative procedures, evidence handling, and report writing that can be critical when defending a firearm‑possession charge. The entire team is committed to representing individuals in Lexington General District Court and Lexington Circuit Court with thorough preparation and a clear strategy. To speak with Mr. Sris about a particular case, call (888) 437-7747.
Frequently Asked Questions
What does it mean to be charged with “firearm by felon” in Virginia?
It means a person with a prior felony conviction is accused of knowingly and intentionally possessing or transporting a firearm, in violation of Va. Code § 18.2‑308.2. The offense does not require that the weapon be used or even seen by another person; mere possession is enough. The charge is always a felony and carries the possibility of mandatory prison time. In Lexington, these cases are prosecuted vigorously, and a conviction triggers a lifetime federal firearms disability under 18 U.S.C. § 922(g)(1), as well as the state‑law prohibition.
What is the penalty for firearm by a felon in Virginia?
The base penalty is a Class 6 felony: 1 to 5 years in prison, or up to 12 months in jail and a fine at the jury’s discretion. If the prior felony was a violent felony and the offense occurs within 10 years, a mandatory minimum 2‑year sentence applies; if the firearm was loaded, the mandatory minimum is 5 years. These mandatory terms cannot be suspended. In addition, a conviction results in the permanent loss of state and federal firearm rights. Each case is fact‑specific, and potential defenses can affect the ultimate outcome.
Can a convicted felon ever regain the right to possess a firearm in Virginia?
Restoration of firearm rights in Virginia is possible, but only through a petition to the Governor, a court‑order process under certain limited circumstances, or a full pardon. Merely having civil rights restored does not automatically restore the right to possess a firearm. Federal law separately prohibits firearm possession by any person with a felony conviction unless the conviction has been expunged, set aside, or pardoned. An attorney at Law Offices Of SRIS, P.C. can explain whether restoration might be an option in a given case and, more immediately, focus on defending against the current charge.
What should I do if I am arrested for firearm by a felon in Lexington?
Exercise your right to remain silent and ask to speak with an attorney before answering questions. Do not discuss the facts with law enforcement—anything you say can be used against you. Contact an experienced criminal defense lawyer as soon as possible. At Law Offices Of SRIS, P.C., we are available by phone at (888) 437-7747 to schedule a consultation. Early legal involvement can make a significant difference in how a case develops, from the bond hearing in Lexington General District Court through the Circuit Court proceedings.
How does the court process work for a felony firearm charge in Lexington?
After arrest, you are brought before a magistrate for a bond determination, followed by an initial appearance and a preliminary hearing in Lexington General District Court. If probable cause is found, the case is transferred to Lexington Circuit Court, where it may be resolved by plea or trial. The entire process can take several months, depending on the complexity of the case and the court’s calendar. Throughout the proceedings, the prosecution must prove every element of the charge beyond a reasonable doubt, and pre‑trial motions can challenge the admissibility of evidence.
Why choose Law Offices Of SRIS, P.C. for a firearm‑by‑felon case in Lexington?
The firm brings extensive combined legal experience, including a former prosecutor and a former Virginia State Trooper among its Of Counsel attorneys, to firearm‑by‑felon defense in Lexington. Mr. Sris, Owner and Founder, has practiced criminal law since 1997. The firm has familiarity with both the General District and Circuit Courts of the Twenty‑fifth Judicial District, and it can provide realistic, straightforward advice about the options a client faces. To discuss a specific situation, call (888) 437-7747. Results may vary.
Related Practice Pages: Criminal Lawyer Fairfax County · Criminal Lawyer Fairfax City · Criminal Lawyer Falls Church · Criminal Lawyer Prince William County · Virginia Criminal Defense Overview
Primary Legal Sources: Va. Code § 18.2‑308.2 · Lexington General District Court · Virginia Judicial System
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