Firearm by Felon Lawyer Poquoson, VA
A charge of possessing a firearm as a convicted felon in Poquoson, Virginia, carries serious potential consequences, including a mandatory term of incarceration. Law Offices Of SRIS, P.C. represents individuals facing felony firearm-possession allegations in Poquoson General District Court and Poquoson Circuit Court. If you or someone close to you has been accused under Va. Code § 18.2-308.2, speaking with an experienced attorney early can make a meaningful difference. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Under Va. Code § 18.2-308.2, possession of a firearm by a convicted felon is a Class 6 felony, punishable by 1 to 5 years imprisonment or up to 12 months in jail at the discretion of a jury. A mandatory minimum 2-year sentence applies if the prior felony was a violent felony within 10 years, and a 5-year mandatory minimum applies when the prior violent felony involved a loaded firearm.
Source: Va. Code § 18.2-308.2
Reviewed by Mr. Sris, admitted in VA, MD, DC, NJ, and NY.
What Firearm by Felon Means in Poquoson
Poquoson, an independent city along the Chesapeake Bay, falls within Virginia’s Eighth Judicial District. Criminal matters involving a firearm-possession allegation by a person with a prior felony conviction are prosecuted by the Commonwealth’s Attorney and heard in the Poquoson General District Court for preliminary proceedings, with felony trials conducted in the Poquoson Circuit Court. The Poquoson General District Court, located at 500 City Hall Avenue, Poquoson, VA 23662, handles initial appearances, bond determinations, and preliminary hearings, while the Circuit Court retains jurisdiction over jury trials and final dispositions.
The law treats the possession of any firearm—whether a handgun, rifle, or shotgun—by an individual convicted of a felony as a separate criminal offense. The Commonwealth must prove that the accused knowingly and intentionally possessed the firearm and that a prior felony conviction exists. Virginia’s sentencing framework allows a jury to recommend a jail term of up to 12 months in lieu of a penitentiary sentence, but the mandatory minimum provisions remove that flexibility when the triggering prior-violent-felony conditions are present. The intersection of state and federal law is also relevant: the same conduct may support a parallel federal charge under 18 U.S.C. § 922(g)(1), which carries its own sentencing exposure and is prosecuted in the U.S. District Court for the Eastern District of Virginia.
Residents and visitors in Poquoson should be aware that even passive possession—such as a firearm locked in a vehicle or stored in a residence—can give rise to a charge if the individual has a disqualifying felony record. Law Offices Of SRIS, P.C. has represented clients in Poquoson courts and understands the local procedural customs that influence how these cases are managed, from bond hearings through trial or negotiated resolution.
How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases
When Law Offices Of SRIS, P.C. Accepts a firearm-by-felon matter in Poquoson, the approach begins with a careful review of the charging documents and the underlying prior conviction. The legal team examines whether the Commonwealth can establish each element of the offense—knowing possession, the specific item qualifying as a firearm, and the validity of the predicate felony. If the prior conviction does not meet Virginia’s definition or if evidence of possession was obtained in violation of constitutional protections, that creates a foundation for a motion to suppress or a dismissal request.
Mr. Sris and his Of Counsel also assess whether the prior offense falls into the category that triggers a mandatory minimum sentence under § 18.2-308.2. Because the definition of a “violent felony” under Va. Code § 17.1-805 controls, not every felony conviction results in a mandatory minimum. If the predicate offense does not qualify, the court retains sentencing discretion, which opens the door to a wider range of potential outcomes. The firm’s attorneys have experience evaluating these classification questions and presenting arguments to the court when the mandatory-minimum provisions are not clearly applicable.
Throughout the proceeding, the firm remains attentive to the client’s broader concerns—employment, firearm-rights restoration possibilities, and the potential impact on federal firearm prohibitions. Mr. Sris and his Of Counsel work to identify every available strategic option, whether that means contesting the charge at trial, negotiating an amendment, or pursuing a post-conviction rights-restoration petition after the case concludes.
About Mr. Sris and His Of Counsel Team
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor who now devotes his practice to defense representation. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He has testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Together with his Of Counsel—attorneys who are engaged through Excella and bring backgrounds as former state troopers, former prosecutors, and seasoned litigators—the firm has documented more than 4,739 case results since its founding. Results may vary.
Mr. Sris and his Of Counsel team bring over 120 years of combined legal experience to criminal defense matters in Poquoson and throughout Virginia. every case depends on its own facts and circumstances. The firm’s Richmond location at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 serves clients in Poquoson and the surrounding region. Reach the firm at (888) 437-7747 to request a consultation.
Frequently Asked Questions
What are the potential penalties for firearm by felon in Poquoson, Virginia?
Under Va. Code § 18.2-308.2, firearm possession by a convicted felon is a Class 6 felony, carrying 1 to 5 years imprisonment or up to 12 months in jail at jury discretion. Mandatory minimum sentences of 2 or 5 years apply when the prior felony was a violent felony and certain additional conditions are met. The court may also impose fines and a period of post-release supervision. A conviction results in the permanent loss of firearm rights under both state and federal law. The specific penalty in any case depends on the defendant’s criminal history, the circumstances of the alleged possession, and the court’s assessment of the evidence. For a detailed evaluation of your situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
How does the court process work for a firearm-by-felon charge in Poquoson?
The case begins with an arrest and an appearance before a magistrate, who sets bond and schedules an initial hearing in Poquoson General District Court. At the preliminary hearing, the Commonwealth presents evidence to establish probable cause. If probable cause is found, the case is certified to the Poquoson Circuit Court for trial. The defendant may elect a bench trial or a jury trial. Throughout the process, motions to suppress evidence or dismiss the charge may be filed. The timeline varies depending on the court’s calendar and the complexity of the issues. Mr. Sris and his Of Counsel can explain each step and help you understand what to expect. To discuss the details of your matter, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Can a conviction for firearm by felon be expunged in Virginia?
Virginia law generally does not permit expungement of a conviction for firearm possession by a felon. Expungement is available under Va. Code § 19.2-392.2 for charges that result in acquittal, nolle prosequi, or dismissal, but a conviction remains on the record. However, certain first-offender dispositions or deferred-disposition programs may be available depending on the specific facts, which could lead to a dismissal rather than a conviction. If you avoid a conviction, you may later petition for expungement. For guidance on whether your situation could qualify for a non-conviction outcome, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Do I need a lawyer if I am charged with firearm by felon in Poquoson?
While you have the right to represent yourself, the serious nature of a felony charge and the potential for mandatory incarceration make legal representation strongly advisable. An experienced attorney can evaluate the strength of the evidence, identify possible constitutional challenges, and negotiate with the prosecution. The Commonwealth’s Attorney will be represented by a trained prosecutor; having defense counsel helps ensure your rights are protected. Mr. Sris and his Of Counsel have handled felony firearm matters in Virginia courts and can assess the specific facts of your case. To request a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What is the difference between state and federal firearm-by-felon charges?
A state charge under Va. Code § 18.2-308.2 and a federal charge under 18 U.S.C. § 922(g)(1) both make it illegal for a convicted felon to possess a firearm, but they are prosecuted by different authorities and carry different sentencing frameworks. Federal cases are handled by the U.S. Attorney’s Office in the Eastern District of Virginia and are subject to the Federal Sentencing Guidelines, which often result in longer periods of incarceration. Federal law also applies regardless of whether the firearm crossed state lines. In some instances, a person may face both state and federal charges for the same conduct. For a consultation on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How can I find a firearm-by-felon defense lawyer in Poquoson?
Look for a criminal defense attorney who is experienced in Virginia felony cases and familiar with the Poquoson courts. Confirm that the attorney is licensed in Virginia and inquire about their background handling firearm-possession charges. Law Offices Of SRIS, P.C. has been practicing in Virginia since 1997 and represents clients in Poquoson General District Court and Poquoson Circuit Court. To schedule a consultation, call (888) 437-7747. The firm’s Richmond location serves Poquoson and the surrounding area, and meetings are available by appointment.
Related resources: Fairfax County Criminal Defense | Prince William County Criminal Defense | Richmond Criminal Defense
Outbound authority sources: Va. Code § 18.2-308.2 | Poquoson General District Court | Virginia Courts
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.