Firearm by Felon Lawyer Virginia Beach, VA
A charge of possessing or transporting a firearm as a convicted felon in Virginia Beach triggers strict mandatory sentencing under Virginia law. Va. Code § 18.2‑308.2 makes it a Class 6 felony for any person previously convicted of a felony to knowingly and intentionally possess or transport any firearm. The offense carries a mandatory minimum of two years in prison if the prior felony was a violent felony as defined by § 17.1‑805, and five years if the firearm was loaded. Because Virginia Beach prosecutes these offenses actively, a conviction can lead to years of incarceration and a permanent criminal record. Our team at Law Offices Of SRIS, P.C. defends clients charged with firearm‑by‑felon offenses before the Virginia Beach General District Court (for preliminary hearings) and the Virginia Beach Circuit Court (for felony trials). Mr. Sris and his Of Counsel draw on their backgrounds in prosecution and law enforcement to scrutinize every element of the state’s case. To discuss your situation with an experienced Virginia Beach firearm‑by‑felon attorney, call (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Firearm by Felon Charges Mean in Virginia Beach
In Virginia Beach, a felony conviction is a permanent bar to firearm possession. The prohibition extends not only to handguns and rifles but to any object that meets the statutory definition of a firearm. Even a single shotgun shell can constitute possession if the individual has knowledge of its presence. Prosecutors must prove (1) a prior felony conviction, (2) that the defendant was aware of the firearm’s presence and character, and (3) that the defendant intentionally exercised dominion and control over it. The charge is frequently added alongside drug offenses, robbery, or assault, compounding the total sentencing exposure.
All felony firearm‑by‑felon cases begin with an arrest and a bond hearing before a magistrate. The matter then proceeds to the Virginia Beach General District Court at 2425 Nimmo Parkway for a preliminary hearing, where the Commonwealth must establish probable cause. If the court finds probable cause, the case is certified to the Virginia Beach Circuit Court for trial. Because these are felony offenses, defendants have an absolute right to a jury trial. The Commonwealth’s Attorney for Virginia Beach handles prosecution. First‑offender programs do not apply to this charge; however, careful evidentiary review may expose Fourth Amendment violations, unconstitutional searches, or gaps in proof of possession that can lead to dismissal or reduction.
How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases
When Mr. Sris and his Of Counsel take on a firearm‑by‑felon case, they begin with a meticulous review of the arrest report, search warrant, and forensic reports. The legality of the stop, the scope of any search, and the chain of custody for the firearm are examined for constitutional defects. Our attorneys also investigate whether the client’s prior felony qualifies under the statute’s violent‑felony enhancement provisions, which can drastically alter the mandatory minimum. Defenses may include lack of knowledge, constructive possession challenges, or the firearm’s connection to the vehicle’s owner rather than the defendant.
Our team works to negotiate with the Commonwealth’s Attorney for Virginia Beach when the evidence warrants an amendment to a lesser charge or a diversion where legally possible. Because Mr. Sris and his Of Counsel have appeared in the Virginia Beach courts over many years, they understand the expectations of local judges and prosecutors. This familiarity helps in crafting realistic strategies. Past results do not guarantee a similar outcome, but we are committed to presenting every available defense. Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. A former prosecutor, he has practiced criminal defense across Virginia, Maryland, the District of Columbia, New Jersey, and New York since 1997. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His experience includes handling complex felony trials, and he collaborates closely with his Of Counsel team to deliver thorough representation.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved over 4,739+ documented firm-wide results. Results may vary. The team includes attorneys with backgrounds as former prosecutors and former law enforcement officers, whose insights into police procedure and prosecutorial strategy help identify weaknesses in the state’s case. The firm serves the Virginia Beach area from its Richmond location at 7400 Beaufont Springs Drive, Suite 300, Room 395, and is available by appointment. Call (888) 437‑7747.
Frequently Asked Questions
How does a Virginia lawyer defend against firearm by felon charges?
Defense strategies for firearm‑by‑felon charges under Va. Code § 18.2‑308.2 include challenging the legality of the search, contesting actual or constructive possession, questioning whether the item meets the legal definition of a firearm, and disputing the validity of the prior felony conviction. Our attorneys review whether law enforcement had reasonable suspicion or probable cause, examine the circumstances of any alleged knowledge of the firearm’s presence, and verify that the client’s prior felony record fits the statutory framework. If the prior conviction does not qualify as a violent felony, the mandatory minimum sentence may be lower. A thorough investigation can uncover procedural errors that lead to dismissal or reduction of the charge.
What should I do if I am facing firearm by felon charges in Virginia Beach?
If you are charged with possession of a firearm by a convicted felon in Virginia Beach, exercise your right to remain silent and request an attorney immediately. Do not discuss the facts with police, family members, or anyone other than your lawyer. Preserve any documents, messages, or photographs that may relate to the arrest or the firearm. Because bail conditions and pretrial deadlines move quickly in Virginia Beach General District Court, prompt legal guidance is essential. Contact an experienced criminal defense lawyer as soon as possible so that your rights are protected from the outset.
What is the penalty for a firearm by felon conviction in Virginia Beach?
A conviction for firearm possession by a felon is a Class 6 felony punishable by one to five years in prison, with a mandatory minimum of two years if the prior felony was a violent felony, and a mandatory minimum of five years if the firearm was loaded. In addition, a conviction carries collateral consequences such as loss of voting rights, ineligibility for certain employment and professional licenses, and further firearm prohibitions. Sentencing is handled in Virginia Beach Circuit Court following either a guilty plea or a jury verdict. Our goal is to minimize the total sentence through every available legal argument.
Can a firearm by felon charge be expunged in Virginia Beach?
In Virginia, expungement is generally unavailable for a firearm‑by‑felon conviction; however, if the charge is dismissed, nolle prosequied, or results in an acquittal, you may petition the circuit court for expungement under Va. Code § 19.2‑392.2. A successful expungement removes the record of the arrest and charge from public view. Convictions, on the other hand, remain on your record permanently unless the governor grants a pardon and restoration of rights. Because expungement options are limited, securing a dismissal or not‑guilty finding is the most effective way to protect your future.
How does bond work for a firearm by felon charge in Virginia Beach?
A magistrate sets bond after arrest based on factors including the nature of the offense, ties to the community, and prior record. For felony firearm‑by‑felon charges, a secured bond is typical, and the magistrate may impose conditions such as electronic monitoring, travel restrictions, or surrender of passports. The bond amount can be appealed to the Virginia Beach General District Court. Our attorneys can advocate for a reasonable bond or for recognizance release when the circumstances permit. Prompt action is necessary because the initial bail hearing often occurs within hours of arrest.
For other Virginia criminal defense resources, visit our Virginia criminal defense practice, Fairfax County criminal defense, Prince William County criminal defense, and Manassas City criminal defense pages.
Virginia Code § 18.2‑308.2: Virginia Firearm by Felon Statute. Virginia Beach Circuit Court: Virginia Beach Circuit Court. Virginia Judicial System: 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.