Firearm by Felon Lawyer Virginia, VA
Facing a firearm by felon charge in Virginia is a serious matter. Virginia law treats firearm possession by convicted felons with particular severity, carrying a Class 6 felony classification and, in many circumstances, mandatory minimum prison sentences. A conviction can produce a lifetime felony record, loss of firearm rights, and significant consequences for employment, housing, and professional licenses. Law Offices Of SRIS, P.C., founded in 1997, concentrates its practice on criminal defense across Virginia. Mr. Sris, a former prosecutor, and his Of Counsel team bring over 120 years of combined legal experience to firearm-by-felon matters and have achieved 4,739+ documented firm-wide results, working to protect the rights of individuals facing these charges. Results may vary. If you need to speak with an attorney about a firearm by felon case in Virginia, reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Firearm by Felon Charges Mean in Virginia
Under Virginia law, a person previously convicted of a felony who knowingly and intentionally possesses or transports a firearm commits the offense commonly referred to as “firearm by felon.” The statute, Va. Code § 18.2-308.2, covers both actual and constructive possession and applies whether the firearm is on the person, in a vehicle, or in a location within the defendant’s control. Virginia’s law is broad and is enforced rigorously by Commonwealth’s Attorneys across the state. A charge may arise from a traffic stop, a search of a residence, or an investigation into an unrelated matter.
The offense is prosecuted as a felony, and the case typically begins with an arrest and a preliminary hearing in the Virginia General District Court. If the court finds probable cause, the matter is certified to the Circuit Court, where a grand jury may issue an indictment and the case proceeds toward trial or negotiated resolution. The court process includes discovery, motions, and potentially a jury trial. Each stage presents opportunities to challenge the prosecution’s evidence and protect the defendant’s rights.
Under Va. Code § 18.2-308.2, possession of a firearm by a convicted felon is a Class 6 felony. The statute imposes a mandatory minimum 2-year sentence if the prior felony was violent and occurred within 10 years, and a mandatory minimum 5 years if the prior violent felony involved a loaded firearm.
Source: Va. Code § 18.2-308.2. View statute on Virginia LIS
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
The consequences of a conviction are not limited to imprisonment. A felony adjudication results in a permanent criminal record, loss of the right to vote, and a prohibition on future firearm ownership under both Virginia and federal law. Federal charges under 18 U.S.C. § 922(g) may also be brought in parallel, carrying their own mandatory minimum sentences and additional penalties. Given the stakes, early involvement of experienced defense counsel is critical.
How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases
Mr. Sris, a former prosecutor, and his Of Counsel team approach each firearm by felon case with a thorough investigation and a strategic defense plan. The first step is a careful review of the facts: how the firearm was discovered, whether law enforcement had a valid basis for the stop or search, and whether the defendant’s prior felony conviction meets the statutory criteria under § 18.2-308.2. The team includes a former Virginia State Trooper whose firsthand knowledge of police procedures and investigative techniques adds a practical dimension to evaluating the prosecution’s evidence.
After analyzing the case, the team works to identify weaknesses in the Commonwealth’s case. Defenses may include a lack of knowing possession, a challenge to whether the item meets the legal definition of a firearm, or questions about the validity of the underlying felony conviction. Where the facts permit, counsel may negotiate with the prosecutor for a reduction of charges or explore alternative dispositions. While mandatory minimum sentences can limit options in certain cases, a well-prepared defense can still influence the outcome. The timeline varies by court scheduling and case complexity, but clients receive direct communication about their matter throughout the process.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who established the firm in 1997. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His experience on both sides of the criminal justice system informs every firearm by felon matter he handles. Mr. Sris keeps his personal caseload manageable so that he can devote deep attention to each client’s situation, supported by a group of Of Counsel attorneys with diverse professional backgrounds.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary. The team works collaboratively, drawing on the firm’s knowledge of Virginia criminal procedure and the local court practices in communities across the Commonwealth. Mr. Sris has testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), reflecting a long-standing commitment to the legal process in Virginia.
Frequently Asked Questions
What is firearm by felon in Virginia?
Firearm by felon is a criminal charge under Virginia Code § 18.2-308.2 that makes it illegal for a person previously convicted of a felony to knowingly and intentionally possess or transport any firearm. The offense covers both actual possession—having the firearm on one’s person—and constructive possession, where the firearm is located in an area the person controls. Virginia law defines “firearm” broadly, including handgun, rifle, shotgun, and any other weapon capable of expelling a projectile by the action of an explosion. Even brief handling of a firearm can lead to a charge if the defendant is a convicted felon.
What are the penalties for firearm by felon in Virginia?
A conviction for firearm by felon in Virginia is a Class 6 felony, punishable by imprisonment for one to five years, or up to 12 months in jail at the jury’s discretion. In addition, mandatory minimum sentences apply in certain situations: a 2-year mandatory minimum if the prior felony was a violent felony committed within the preceding 10 years, and a 5-year mandatory minimum if that prior violent felony involved a loaded firearm. A conviction also results in a permanent felony record and the lifelong loss of firearm rights under both state and federal law. These penalties underscore the importance of a strong defense.
Do I need a lawyer for a firearm by felon charge in Virginia?
Yes, you should speak with an experienced criminal defense attorney as soon as possible if you are facing a firearm by felon charge in Virginia. The consequences of a conviction include incarceration, a felony record, and the loss of constitutional rights. An attorney can evaluate the arrest and search procedures, identify viable defenses, and represent you at every stage—from the preliminary hearing in the General District Court through possible trial in Circuit Court. Without legal representation, you risk navigating a complex process without the tools to protect your interests.
Can a firearm by felon charge be reduced or dismissed?
It is possible to seek a reduction or dismissal of a firearm by felon charge, depending on the facts of the case and the strength of the evidence. An attorney may challenge the legality of the stop, search, or seizure that led to the firearm’s discovery, or raise questions about whether the defendant knowingly possessed the item. In some cases, a prosecutor may agree to amend the charge to a less serious offense if the evidence is weak or equitable circumstances exist. However, Virginia’s mandatory minimum sentencing provisions can limit the court’s flexibility in certain situations.
How does the court process work for firearm by felon in Virginia?
A firearm by felon case in Virginia generally begins with an arrest and an initial appearance before a magistrate, followed by a preliminary hearing in the General District Court. At the preliminary hearing, the judge determines whether probable cause exists to believe the defendant committed the offense. If probable cause is found, the case is certified to the Circuit Court, where a grand jury may return an indictment. The Circuit Court then handles all further proceedings, including motions, possible plea negotiations, and trial. The timeline for these events depends on the court’s calendar and the complexity of the case.
What should I do if I am facing a firearm by felon charge in Virginia?
If you are charged with firearm by felon, your first step should be to request a consultation with a criminal defense attorney, and then exercise your right to remain silent. Do not discuss the allegations with law enforcement or anyone else until you have legal counsel. Preserve any documents, photographs, or other evidence that may support your defense. Avoid posting about the incident on social media, as prosecutors can use those statements against you. Prompt action can help secure evidence and build a defense before the case progresses too far.
For additional information, consult these official Virginia primary sources: Virginia Code Title 18.2 (Crimes and Offenses) · Virginia Judicial System.
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Case results depend on a variety of factors unique to each case.