Firearm by Felon Lawyer Colonial Heights, VA
A charge of possession of a firearm by a convicted felon in Colonial Heights, Virginia, is a serious felony allegation with the potential for significant incarceration and lasting consequences. Under Va. Code § 18.2-308.2, it is unlawful for any person previously convicted of a felony to knowingly possess or transport a firearm. Law Offices Of SRIS, P.C. Concentrates a portion of its criminal defense practice on representing individuals facing firearm‑by‑felon charges in the Colonial Heights community, including cases heard at the Colonial Heights General District Court and Colonial Heights Circuit Court. Our team includes Mr. Sris, a former prosecutor, and Of Counsel with former law enforcement experience, bringing a wide perspective to both the factual and legal issues these cases present. Early engagement of experienced defense counsel can influence the direction of the case from the first appearance. If you are facing this charge in Colonial Heights or the surrounding areas of Chesterfield County, reach our location at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What a Firearm by Felon Charge Means in Colonial Heights
In Virginia, a person previously convicted of a felony is prohibited from knowingly possessing or transporting any firearm. The statute, Va. Code § 18.2-308.2, classifies this offense as a Class 6 felony, exposing a defendant to a sentence of incarceration. The law also imposes mandatory minimum periods of confinement under specified circumstances, such as when the prior felony was a violent offense. In Colonial Heights, these cases are prosecuted by the Commonwealth’s Attorney and proceed through the local court system. The Colonial Heights General District Court, located at 550 Boulevard, conducts the initial proceedings, including the first appearance and preliminary hearing. If the case is certified or indicted, it moves to Colonial Heights Circuit Court for trial.
Possession of a firearm by a convicted felon is a Class 6 felony under Va. Code § 18.2-308.2, carrying a penalty of one to five years imprisonment, with mandatory minimum sentences of two or five years for qualifying prior violent felony convictions.
Source: Va. Code § 18.2-308.2. Virginia Code § 18.2-308.2
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Beyond the risk of imprisonment, a felony conviction permanently alters a person’s legal rights and can restrict employment, housing, and educational opportunities. The collateral consequences extend to the loss of civil rights, including the right to vote and the right to possess firearms. Defending against a firearm‑by‑felon charge therefore involves protecting not only the individual’s immediate liberty but also their long‑term future. The procedural path in Colonial Heights begins with an appearance before a magistrate and may involve bond determinations. The court calendar varies, but defendants have an absolute right to a jury trial in Circuit Court on any offense carrying potential jail time. Legal representation at the earliest stage is important because decisions made at the initial hearing can affect the entire case.
How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases
Mr. Sris and his Of Counsel approach every firearm‑by‑felon matter with a thorough, fact‑intensive investigation. The defense begins by examining the prosecution’s evidence for procedural weaknesses. The Commonwealth must prove that the accused knowingly possessed a firearm and that the prior felony conviction is valid. If law enforcement conducted a search, the defense reviews whether the search complied with constitutional requirements. If the search was unlawful, the evidence may be suppressed. In cases where the alleged firearm is ambiguous—an antique, a replica, or a component part—the defense challenges whether the object meets the statutory definition of a firearm. Interviews with witnesses, review of police reports, and careful analysis of the circumstances surrounding the arrest are standard elements of case preparation.
The team also evaluates whether the underlying felony conviction qualifies under the statute. Not every prior felony triggers the same mandatory minimum; the specific offense and its date matter. In some situations, a client may be eligible for restoration of firearms rights, a process that begins with a petition for restoration of civil rights to the Governor and a separate petition to the circuit court. While this is a post‑conviction remedy, it can inform plea negotiations or sentencing arguments. Mr. Sris and his Of Counsel draw on a depth of experience in Virginia criminal law to identify creative legal arguments. Among the Of Counsel is a former Virginia State Trooper who served for 15 years, giving the team a practical understanding of police investigation methods and enforcement patterns. This background aids in spotting inconsistencies in officer testimony and challenging the reliability of the state’s evidence.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. A former prosecutor, he brings firsthand knowledge of trial practice and prosecution strategies to every defense. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris maintains a limited personal caseload to ensure his direct involvement in the strategic direction of each matter he undertakes.
Mr. Sris is joined by Of Counsel attorneys with varied backgrounds that strengthen the firm’s criminal defense work. Among them is a former Virginia State Trooper with extensive experience in traffic and criminal investigations across central and southern Virginia. This law‑enforcement perspective complements Mr. Sris’s prosecutorial background, providing a balanced view of how cases are built by the state. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and 4,739+ documented firm-wide results. Results may vary.
Frequently Asked Questions
How does a Virginia lawyer defend against firearm by felon charges?
Defense strategies for firearm by felon in Virginia include challenging the search, disputing whether the object qualifies as a firearm, contesting the defendant’s knowledge of possession, and examining the validity of the prior felony conviction. An experienced attorney will review the police reports, interview witnesses, and file appropriate motions to suppress evidence if constitutional violations occurred. The defense may also explore whether the alleged possession was knowing and intentional, a required element under the statute. In some cases, the defense can argue that the prior felony does not meet the statutory criteria for the mandatory minimum or that the conviction has been pardoned or expunged. Each case depends on its own facts, and a tailored defense is critical.
What should I do if I am facing firearm by felon charges in Colonial Heights?
Contact a criminal defense lawyer immediately and do not discuss the case with anyone except your attorney. Preserve any relevant documents, messages, or photographs that may help your defense, but do not delete or alter anything that could be considered evidence. The early stage of the case—including the bond hearing and preliminary investigation—can shape the entire proceeding. A lawyer can advise you on what to say to law enforcement, how to handle court appearances, and whether any pre‑indictment negotiations are possible. Prompt action helps ensure that your rights are protected from the outset.
What is the penalty for possession of a firearm by a convicted felon in Virginia?
A conviction under Va. Code § 18.2‑308.2 is a Class 6 felony, carrying one to five years in prison, with mandatory minimum sentences of two or five years under certain conditions. The mandatory minimum of two years applies if the prior felony was a violent felony within the preceding ten years; the five‑year mandatory minimum applies if the prior violent felony occurred within ten years and the firearm was loaded. These sentences run consecutively to any other time imposed. A Class 6 felony also carries the possibility of a fine and, at the jury’s discretion, a sentence of up to twelve months in jail. The exact penalty depends on the defendant’s criminal history and the specific facts of the case.
Can a convicted felon ever possess a firearm in Virginia?
Generally, no, but restoration of firearms rights is possible through a separate legal process. A person with a felony conviction must first have their civil rights restored by the Governor. After receiving a restoration order, the individual can petition the circuit court for a restoration of firearms rights. The court considers factors such as the nature of the original offense, the person’s conduct since conviction, and any evidence of rehabilitation. This process is not automatic and is separate from any expungement or pardon. An attorney can help determine eligibility and prepare the necessary petitions.
Is a state firearm by felon charge different from a federal charge?
Yes, Virginia’s statute under § 18.2‑308.2 is separate from the federal felon‑in‑possession statute, 18 U.S.C. § 922(g)(1). While the elements are similar, federal charges are prosecuted by the United States Attorney’s Office and often involve mandatory minimum federal sentences and no parole. Federal investigations often precede state charges, and in some cases both sovereigns will file parallel proceedings. If federal interest exists, early consultation with an attorney who understands both state and federal court is important. The strategic decisions made in the state case can have consequences in any potential federal prosecution.
How does the court process work for a firearm by felon case in Colonial Heights?
The case typically begins with an arrest and a bond hearing before a magistrate, followed by proceedings in Colonial Heights General District Court. The General District Court handles the first appearance, appointment of counsel if the defendant is indigent, and the preliminary hearing to determine whether probable cause exists to send the case to the grand jury. If the case is certified or indicted, it moves to Colonial Heights Circuit Court for trial. The defendant may elect a jury trial or a bench trial before a judge. Because the procedural timeline can vary based on court schedules and discovery, a lawyer’s early involvement helps ensure that deadlines are met and that the defense is adequately prepared for each stage.
Related Locations:
Criminal defense in Fairfax County ·
Fairfax City criminal lawyer ·
Prince William County criminal attorney ·
Manassas criminal defense ·
Falls Church criminal lawyer
Virginia Legal Resources:
Va. Code § 18.2-308.2 ·
Colonial Heights General District Court ·
Virginia’s Judicial System
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.