Firearm by Felon Lawyer York County, VA
If you have been charged with firearm possession by a convicted felon in York County, Virginia, the stakes are high. Under Va. Code § 18.2‑308.2, possession of a firearm by a convicted felon is a Class 6 felony carrying a mandatory minimum sentence of two years in prison. The prosecution must prove that you knowingly possessed a firearm and had a prior felony conviction. Conviction also results in a permanent criminal record and loss of firearm rights. Law Offices Of SRIS, P.C. represents individuals facing this serious charge in the York County General District Court and the York County Circuit Court, located at 300 Ballard Street, Yorktown, VA 23690. Our team includes Of Counsel with law enforcement and prosecutorial experience to thoroughly evaluate the case against you. Since 1997, the firm has worked to protect the rights of the accused in communities across York County, including Yorktown, Grafton, Tabb, and Seaford. To discuss your situation with an experienced attorney, call (888) 437‑7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Firearm by Felon Means in York County
In Virginia, it is illegal for a convicted felon to knowingly and intentionally possess or transport a firearm. The governing statute, Va. Code § 18.2‑308.2, classifies the offense as a Class 6 felony. A conviction carries a term of imprisonment between one and five years, and a mandatory minimum sentence of two years if the prior felony was a violent offense within the past 10 years. The law applies broadly to any person with a felony record, regardless of whether the original crime involved violence. Even constructive possession—such as having access to a firearm in a vehicle or residence—can support a charge. The Commonwealth’s Attorney for York County prosecutes these cases actively.
Cases in York County follow a two‑stage procedural path. An initial appearance and preliminary hearing are conducted at the York County General District Court, 300 Ballard Street in Yorktown. If probable cause is found, the case proceeds to the York County Circuit Court for trial or disposition. A jury trial is available if the charge carries potential jail time. Plea bargaining is permitted under Rule 3A:8 of the Rules of the Supreme Court of Virginia; the Commonwealth’s Attorney and defense counsel may negotiate a plea agreement, which the court may accept or reject. An experienced defense lawyer can assess the strength of the evidence, challenge the legality of the search or seizure, and present mitigating factors to seek a favorable outcome. Firearm by felon charges cannot be expunged; a conviction results in a permanent criminal record and further firearm restrictions. Our Richmond location serves clients throughout York County, including Yorktown, Grafton, Tabb, and Seaford.
How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases
When you contact Law Offices Of SRIS, P.C., your case receives attention from a defense team that includes a former prosecutor and a former Virginia State Trooper with over 15 years of law enforcement experience. This combined perspective—understanding how the prosecution and police investigate and build cases—informs every step of the defense. The firm’s approach begins with a careful review of the arrest report, search warrant application, and any statements made by the accused. If law enforcement violated Fourth Amendment protections or failed to follow proper procedure, the defense may file a motion to suppress evidence.
The team also examines whether the defendant actually possessed the firearm under Virginia law. Possession requires more than mere presence near a weapon; the prosecution must prove the defendant exercised dominion and control. If the firearm was found in a shared residence or vehicle, or if the defendant’s connection to the firearm is tenuous, the defense may argue the evidence is insufficient. Additionally, where a defendant has had civil rights restored—including the right to possess a firearm—the charge may be defeated entirely.
Throughout the process, the firm’s attorneys communicate with the Commonwealth’s Attorney for York County to explore resolution options that avoid the mandatory minimum sentence. While the judge cannot participate in plea negotiations, the prosecutor may agree to amend the charge or recommend a sentence below the mandatory minimum in exchange for a plea. Mr. Sris and his Of Counsel work to build a compelling case for mitigation, presenting the defendant’s background, employment history, and any redeeming circumstances. The goal is to protect the client’s freedom and future. Call (888) 437‑7747 to schedule a consultation and learn how our team can assist.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., established the firm in 1997. A former prosecutor, he has spent nearly three decades defending individuals charged with criminal offenses across Virginia. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, with 4,739+ documented firm-wide results. Results may vary. The Of Counsel team includes attorneys with extensive backgrounds in criminal defense, prosecution, and law enforcement. Among them is a former Virginia State Trooper who served for 15 years investigating criminal and traffic cases, providing firsthand knowledge of police procedures. This collective insight allows the firm to identify procedural weaknesses and develop effective defense strategies. The firm’s Richmond location at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225, serves clients throughout York County and central Virginia. Reach the firm at (888) 437‑7747 to request a consultation.
Frequently Asked Questions
What is the penalty for firearm possession by a convicted felon in York County?
A conviction for firearm possession by a convicted felon in Virginia is a Class 6 felony, punishable by one to five years in prison and a fine of up to $2,500. A mandatory minimum two‑year sentence applies if the prior felony was a violent offense within 10 years. The case is prosecuted in the York County Circuit Court after a preliminary hearing in General District Court. A conviction also results in a permanent criminal record and loss of firearm rights. Early legal representation can explore whether the prosecution can prove each element beyond a reasonable doubt.
Can a felon have firearm rights restored in Virginia?
Yes, a convicted felon may petition the Governor of Virginia for restoration of civil rights, including the right to possess a firearm. However, restoration of firearm rights is not automatic; it requires a separate application and approval process. Even if civil rights are restored, federal law still prohibits firearm possession by persons convicted of a crime punishable by more than one year. Therefore, a state restoration may not lift federal restrictions. Consulting an attorney can clarify your eligibility and the steps needed.
What are possible defenses to a firearm by felon charge?
Defenses may include challenging the search that led to discovery of the firearm, arguing that the defendant did not knowingly possess the weapon, or proving that the defendant’s civil rights, including firearm rights, have been restored. An attorney may also question whether the defendant was a “felon” at the time, as some prior convictions may not qualify. If the evidence is weak, the prosecutor may agree to reduce the charge. Each case is fact‑specific, so a thorough review of the circumstances is essential.
How does the court process work for a firearm by felon charge in York County?
After an arrest, the defendant appears before a magistrate for bond, then has an arraignment in the York County General District Court where a preliminary hearing is scheduled. At the preliminary hearing, the prosecutor must show probable cause. If established, the case is certified to the York County Circuit Court. A grand jury may indict, experienced to trial. The defendant is entitled to a jury trial. The entire process can take several months, depending on court scheduling and motion practice. A defense lawyer can negotiate with the prosecutor and file pre‑trial motions to challenge evidence.
Do I need a lawyer for a firearm by felon charge?
While you have the right to represent yourself, the complexity and mandatory minimum sentence of a firearm by felon charge make legal representation advisable. An experienced attorney understands the procedural rules, can identify weaknesses in the prosecution’s case, and can effectively negotiate with the Commonwealth’s Attorney. The potential loss of liberty and long‑term consequences of a felony conviction warrant retaining counsel. The firm offers consultations to discuss your situation.
What should I do if I am charged with firearm by felon?
If charged, exercise your right to remain silent and contact a criminal defense attorney as soon as possible. Do not discuss the facts with law enforcement without your attorney present. Preserve any evidence that may be helpful, such as text messages or photographs, and provide them to your lawyer. Prompt action allows your attorney to begin investigating and building a defense while witness memories are fresh. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Related criminal defense pages: James City County Criminal Defense | Williamsburg Criminal Defense | Fairfax County Criminal Defense | Fairfax City Criminal Defense | Falls Church Criminal Defense
Official resources: Virginia Code Title 18.2 (Crimes and Offenses) | York County General District Court
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