Firearm by Felon Lawyer Madison County, VA

If you are facing a charge under Virginia Code § 18.2‑308.2 for possession of a firearm by a convicted felon in Madison County, the stakes are serious. A conviction under this statute is a Class 6 felony, punishable by one to five years in prison—or up to twelve months in jail if the jury so decides—and mandatory minimum sentences apply when the prior felony was violent. Mr. Sris and the firm’s Of Counsel attorneys understand what is at risk. The firm’s criminal defense team includes a former Virginia State Trooper who brings firsthand knowledge of how these investigations are handled, and Mr. Sris is a former prosecutor who now works to protect the rights of accused individuals. Reach the firm at (888) 437‑7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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What Firearm by Felon Charges Mean in Madison County

In Virginia, it is unlawful for a person who has been convicted of a felony to knowingly and intentionally possess or transport a firearm. The Commonwealth’s Attorney for Madison County prosecutes these cases vigorously. Matters that begin as a misdemeanor charge or a traffic stop can quickly escalate when a firearm is discovered. Because the charge is a felony, it is heard in the Madison County Circuit Court, located at 1 Main Street, Madison, VA 22727. The Madison County General District Court may conduct a preliminary hearing, but the case will ultimately be resolved before a Circuit Court judge and, in many instances, a jury.

Madison County sits within Virginia’s Piedmont region, served by the Fairfax Location of Law Offices Of SRIS, P.C. The firm’s attorneys appear regularly in the local courts and are familiar with the expectations of the bench and the prosecution. A firearm-by-felon charge triggers not only potential incarceration but also a permanent criminal record that can affect employment, housing, and firearm rights for life. Given the mandatory minimum of two years if the prior felony was a violent offense—and five years if the firearm was loaded—an early and strategic defense is essential.

How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases

Every case begins with a careful review of the circumstances that led to the charge. Did law enforcement have a lawful basis to stop, detain, or search the individual? Was the item in question actually a firearm under the statute, and was the person in knowing possession of it? The firm’s Of Counsel team includes a former Virginia State Trooper who spent years on patrol and in investigations; that background allows the team to identify procedural missteps or weaknesses in the evidence that other attorneys might overlook.

Once the evidence is analyzed, the firm focuses on building the strong $1. This may involve challenging the admissibility of the firearm, contesting whether the client was actually in possession, or presenting mitigating factors to the prosecutor or the court. In Madison County Circuit Court, a jury trial is an option, and the firm is prepared to try cases when a favorable resolution cannot be reached by agreement. Mr. Sris and his Of Counsel work toward outcomes that protect clients’ futures—whether through dismissal, charge reduction, or a mitigated sentence. Results may vary.

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 has practiced criminal defense since 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).

The firm’s Of Counsel attorneys bring extensive combined legal experience. One Of Counsel is a former Virginia State Trooper, whose knowledge of police protocols and traffic-enforcement practices is invaluable in firearm-possession cases that often arise from traffic stops. Law Offices Of SRIS, P.C. has 45 documented case results in Madison County across all practice areas, with a favorable outcome in every reported instance. Results may vary. To request a consultation, call (888) 437‑7747.

Frequently Asked Questions

What are the penalties for possession of a firearm by a convicted felon in Virginia?

Possession of a firearm by a convicted felon is a Class 6 felony under Va. Code § 18.2‑308.2, carrying one to five years in prison (or up to twelve months in jail at the discretion of a jury). A mandatory minimum sentence of two years applies if the prior felony was a violent offense, as defined in § 17.1‑805, within the previous ten years. If the prior violent felony was committed within ten years and the firearm was loaded, the mandatory minimum increases to five years. A conviction also results in a lifetime prohibition on possessing firearms under federal law.

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

Defense strategies focus on challenging the legality of the stop or search, disputing possession or knowledge, and examining whether the item qualifies as a firearm under the statute. In many cases, the charge stems from a traffic stop. If the officer lacked reasonable suspicion or probable cause, the evidence may be suppressed. An attorney will also investigate whether the firearm was actually in the client’s possession or merely nearby, and whether the client knew of its presence.

What should I do if I am charged with firearm by felon in Madison County?

Remain silent and contact an experienced criminal defense lawyer immediately. Do not discuss the facts with anyone except your attorney, and do not consent to any further searches. Early steps, such as securing legal representation before an arraignment or preliminary hearing, can significantly affect the direction of the case. An attorney can help you understand the charges, evaluate the evidence, and begin building a defense strategy.

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

Restoration of firearm rights generally requires a pardon from the Governor or a successful petition to the circuit court for restoration of civil rights, which may include firearm rights. The process is separate from the criminal case and is governed by constitutional and statutory provisions. Even if civil rights are restored, federal law under 18 U.S.C. § 922(g) may still prohibit firearm possession unless the conviction has been expunged or set aside. An attorney can evaluate your eligibility for restoration.

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

Yes. A felony conviction has life-altering consequences, and the complexities of Virginia’s firearm-possession statute make experienced legal representation critical. A lawyer can identify procedural errors, negotiate with the Commonwealth’s Attorney, and present a compelling defense at trial. Attempting to handle the case without counsel risks a harsher outcome and long-term collateral effects.

How does bail work for a felony firearm charge in Madison County?

After an arrest, a magistrate sets bond. Because the charge is a felony, secured bond—typically requiring payment of approximately ten percent to a bail bondsman—is common. The magistrate considers factors such as the severity of the offense, the defendant’s ties to the community, prior record, and risk of flight. Bond can be appealed to the Madison County General District Court. An attorney can advocate for a reasonable bond or for personal recognizance when appropriate.

What is the difference between a preliminary hearing and a trial in Madison County?

A preliminary hearing in the General District Court determines whether probable cause exists to send the felony charge to the Circuit Court for trial. At the hearing, the prosecution must present enough evidence to show that a crime was committed and that the defendant likely committed it. If probable cause is found, the case is certified to the Circuit Court, where a trial date is set. The Circuit Court trial, whether before a judge or a jury, is where guilt or innocence is decided.

Can a firearm-by-felon charge be reduced or dismissed?

It is possible for the charge to be reduced or dismissed, depending on the facts and the willingness of the Commonwealth’s Attorney to negotiate. Motions to suppress evidence, challenges to the legality of the stop, and factual disputes over possession can weaken the prosecution’s case. In some circumstances, the charge may be amended to a lesser offense, though significant mandatory minimums limit the options. An attorney can assess the viability of these avenues after reviewing the discovery.

Where can I find a firearm by felon lawyer near Madison County?

Law Offices Of SRIS, P.C. serves clients across Madison County from its Fairfax Location. The firm’s attorneys appear regularly at the Madison County courthouse and are available to discuss your case. To request a consultation, call (888) 437‑7747.

Virginia legal resources:
Virginia Code Title 18.2 (Crimes and Offenses) ·
Madison County General District Court ·
Virginia Courts

Last reviewed: July 2026

Reviewed by Mr. Sris, Owner and Founder

Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York

Practicing since 1997

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.