Firearm by Felon Lawyer Manassas Park, VA
A firearm by felon charge—formally known as possession of a firearm by a convicted felon—is a serious felony under Va. Code § 18.2-308.2. In Manassas Park, these cases are heard at the Manassas Park General District Court for preliminary hearings and at the Circuit Court for felony trials. A conviction can mean a Class 6 felony record, a mandatory minimum prison sentence, and a permanent loss of firearm rights. Law Offices Of SRIS, P.C. represents individuals facing firearm by felon charges in Manassas Park and throughout Northern Virginia. If you are under investigation or have been arrested, it is important to consult with an experienced criminal defense lawyer as soon as possible. For a consultation, reach our firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Firearm by Felon Charges Mean in Manassas Park
Manassas Park, an independent city within the 31st Judicial District, handles firearm by felon prosecutions through two courts. The Manassas Park General District Court, located at 9311 Lee Avenue, Suite 230, conducts felony preliminary hearings. If probable cause is found, the case is certified to the Manassas Park Circuit Court for trial. The Commonwealth’s Attorney for Manassas Park prosecutes these offenses, and the court operates under the supervision of the chief judge and clerk of court for the district.
Under Virginia law, a person convicted of a felony is prohibited from knowingly and intentionally possessing or transporting any firearm. The offense is a Class 6 felony, carrying a term of imprisonment of one to five years. When the prior felony conviction was for a violent felony as defined in § 17.1-805, a mandatory minimum two-year sentence applies. If the firearm was loaded and the prior felony was violent, the mandatory minimum increases to five years. These mandatory minimums must be served without the possibility of early release through good-time credit.
A firearm by felon conviction in Virginia carries a mandatory minimum two-year sentence if the prior felony was a violent felony under Va. Code § 17.1-805.
Source: Va. Code § 18.2-308.2. Official Virginia Code
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Beyond incarceration, a conviction results in the permanent loss of firearm rights under federal law, as well as potential employment and housing consequences. The case cannot be expunged if convicted—only acquittals, nolle prosequi, and dismissals are eligible for expungement under Va. Code § 19.2-392.2. Understanding these collateral consequences is essential to making informed decisions about a defense strategy.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Firearm by Felon Cases
When Law Offices Of SRIS, P.C. takes on a firearm by felon case in Manassas Park, the initial stage focuses on the arrest and search. The firm’s Of Counsel attorneys, who include a former Virginia State Trooper and a former Maryland Assistant State’s Attorney, carefully review whether law enforcement followed proper procedures. This includes examining whether the stop, frisk, or search of a vehicle or residence complied with Fourth Amendment protections. If evidence was obtained unlawfully, a motion to suppress may be filed, which can lead to the exclusion of the firearm from evidence and potentially a dismissal.
The firm then examines the elements the Commonwealth must prove: that the defendant was a convicted felon at the time, that the item was a firearm, and that the defendant knowingly and intentionally possessed it. In many cases, the defense focuses on the issue of constructive possession—whether the defendant had dominion and control over the area where the firearm was found. Additionally, if the defendant’s civil rights have been restored by the Governor of Virginia, the firearm prohibition under § 18.2-308.2 no longer applies. Plea bargaining is available under Virginia Supreme Court Rule 3A:8; the Commonwealth’s Attorney may agree to amend the charge to a misdemeanor or seek a reduced sentence in exchange for a plea. Mr. Sris and the firm’s Of Counsel attorneys work to identify the most favorable resolution possible based on the evidence and the client’s circumstances.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., began his legal career as a prosecutor. He founded the firm in 1997 and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His experience as a former prosecutor provides insight into how the Commonwealth builds its case and the strategies that can be effective in challenging the evidence.
The firm’s Of Counsel attorneys bring additional perspective from law enforcement and prosecution. Among them are a former Virginia State Trooper with 15 years of investigative experience and a former Maryland Assistant State’s Attorney who handled criminal prosecutions in both District and Circuit Court. Together, Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience to firearm by felon defense. Results may vary.
Frequently Asked Questions
What is the penalty for firearm by felon in Manassas Park, Virginia?
A conviction for firearm by felon in Virginia is a Class 6 felony, punishable by 1 to 5 years in prison. If the prior felony was a violent felony under Va. Code § 17.1-805, a mandatory minimum sentence of 2 years applies. When the firearm was loaded and the prior felony was violent, the mandatory minimum increases to 5 years. The sentence is served in the Virginia Department of Corrections, and good-time credit does not reduce mandatory minimums. The conviction also triggers a permanent federal firearm disability under 18 U.S.C. § 922(g)(1). For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Can a convicted felon have firearm rights restored in Virginia?
Yes, but only through a discretionary restoration of civil rights by the Governor of Virginia. A person who has had their rights fully restored is no longer subject to the firearm prohibition in § 18.2-308.2. However, the restoration process is separate from a criminal case and often takes months or longer. Until a restoration order is issued, any possession of a firearm is a felony. An attorney can advise on whether an individual may be eligible for restoration. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
How does a lawyer defend against firearm by felon charges in Manassas Park?
Defense strategies may include challenging the legality of the search, questioning whether the item qualifies as a firearm, and disputing knowing possession. If the firearm was found in a common area or vehicle shared with others, the attorney may argue the defendant did not exercise dominion and control over it. A review of the prior felony conviction is also important, as some out-of-state convictions or misdemeanors do not trigger the Virginia prohibition. Plea negotiations may result in a reduction of the charge to a misdemeanor under appropriate circumstances. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.
What should I do if I am arrested for firearm by felon in Manassas Park?
Remain silent, do not consent to any searches, and request an attorney immediately. Anything you say can be used against you. After arrest, the case will be brought before a magistrate who sets bond. At the arraignment in General District Court, the attorney can argue for release on recognizance or a reasonable bond. An early defense investigation is critical to preserve evidence and witness testimony. To discuss your case with an attorney, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Can firearm by felon charges be dropped or reduced in Virginia?
Yes, the Commonwealth’s Attorney may agree to dismiss or amend the charge under certain circumstances. Plea bargaining is available under Virginia Supreme Court Rule 3A:8. For example, if the evidence of possession is weak or the defendant has had rights restored, the prosecutor may agree to amend the charge to a lesser offense. A favorable outcome does not guarantee a similar result in other cases. For a consultation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Do I need a lawyer for a firearm by felon charge in Manassas Park?
Yes, retaining an attorney is strongly recommended because a conviction carries mandatory prison time and lifelong consequences. The procedures in Manassas Park General District Court and Circuit Court require a working knowledge of local court rules and the sentencing guidelines. An attorney can evaluate the strength of the Commonwealth’s case, identify potential defenses, and negotiate with the prosecutor. Results may vary. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
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.