Firearm by Felon Lawyer Dinwiddie County, VA
Facing a charge of firearm possession by a convicted felon in Dinwiddie County, Virginia, can bring severe consequences, including mandatory prison time. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel team represent individuals accused of possessing a firearm after a felony conviction, working to protect their rights and pursue the most favorable resolution available under the law. To request a consultation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Our Richmond Location serves clients throughout Dinwiddie County from 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225. By appointment. Call (888) 437-7747. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm has practiced law since 1997.
What Firearm by Felon Means in Dinwiddie County, Virginia
Under Virginia law, a person convicted of a felony is generally prohibited from knowingly and intentionally possessing or transporting any firearm. The offense is codified at Va. Code § 18.2-308.2. A first violation is a Class 6 felony, punishable by one to five years in prison, although a jury may impose a sentence of up to twelve months in jail. However, when the felony that triggered the prohibition was a violent felony within the preceding ten years, a mandatory minimum sentence of two years applies. If the firearm was loaded and the prior felony was violent, a mandatory minimum of five years is required. These harsh mandatory minimums make it critical to challenge the evidence and procedural history from the start.
A conviction under Va. Code § 18.2-308.2 carries a mandatory minimum sentence of two years if the prior felony was violent within ten years, and five years if the firearm was loaded.
Source: Va. Code § 18.2-308.2. Va. Code § 18.2-308.2
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Dinwiddie County, located south of Petersburg along the I-85 and Route 460 corridors, includes the communities of Dinwiddie and McKenney. Felony firearm cases are initiated in the Dinwiddie County General District Court, which handles preliminary hearings and determines probable cause. If the case is certified, the trial proceeds in the Dinwiddie County Circuit Court. The courthouse is at Dinwiddie Courthouse, Dinwiddie, VA 23841. The Commonwealth’s Attorney for Dinwiddie County prosecutes these matters, and defendants have an absolute right to a jury trial in Circuit Court. The Eleventh Judicial District oversees local court operations, and the procedural history of each case—including the nature of any prior felony conviction—can significantly influence sentencing exposure.
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. Mr. Sris and his Of Counsel team work to identify weaknesses in the prosecution’s case, such as unlawful searches, improper witness identification, or a lack of knowing possession, which can lead to charge reductions or dismissals. In Dinwiddie County, the firm has achieved favorable outcomes in criminal matters, including dismissals and amended charges, though each case turns on its own facts.
How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases
When a client faces a firearm-by-felon charge, Mr. Sris and his Of Counsel team immediately evaluate the legality of the stop, search, and seizure. Any constitutional violation—such as an absence of reasonable suspicion or an improper search of a vehicle or home—can result in evidence suppression and dismissal. The team also examines whether the alleged possession was “knowing and intentional,” as the statute requires. For instance, constructive possession (where a firearm is found near the defendant but not on his person) must be proven beyond a reasonable doubt, and the prosecution must link the firearm to the defendant through more than mere presence.
Mr. Sris, a former prosecutor, understands how the Commonwealth builds its case. He and his Of Counsel team, which includes attorneys with backgrounds in law enforcement, review every piece of discovery for procedural irregularities. They also explore whether the prior felony conviction actually qualifies as a predicate offense under the statute—some older or out-of-state convictions may not satisfy the Virginia requirement. The team negotiates with the Commonwealth’s Attorney when reduction is appropriate and stands ready for trial in the Dinwiddie County Circuit Court if a favorable resolution cannot be reached. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and 4,739+ documented firm-wide results to the defense of firearms charges. Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris is Owner and Founder of Law Offices Of SRIS, P.C. He has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, Mr. Sris brings firsthand trial experience to every case. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel team for criminal defense matters includes attorneys who have served as a former Virginia State Trooper and as a former Maryland Assistant State’s Attorney, giving the firm unique insight into how law enforcement and prosecutors build their cases. Collectively, Mr. Sris and his Of Counsel team work to identify procedural weaknesses, challenge evidence, and advocate vigorously for clients facing serious criminal charges.
Frequently Asked Questions
What does “firearm by felon” mean under Virginia law?
Firearm by felon, codified as Va. Code § 18.2-308.2, prohibits any person convicted of a felony from knowingly and intentionally possessing or transporting a firearm. The offense is a Class 6 felony. The statute applies to all firearms—handguns, rifles, shotguns—and even “antique” weapons in certain circumstances. The prohibition continues unless the person’s firearm rights have been restored through a successful petition to the Governor. A violation of this statute carries mandatory minimum prison time if the prior felony was violent.
What are the penalties for firearm by felon in Dinwiddie County?
A conviction under Va. Code § 18.2-308.2 is a Class 6 felony, punishable by one to five years in prison, though a jury may impose up to twelve months in jail. If the defendant’s prior felony was a violent felony committed within ten years, a mandatory minimum of two years applies. If the firearm was loaded and the prior felony was violent, the mandatory minimum is five years. Fines and court costs may also be imposed. Sentencing occurs in the Dinwiddie County Circuit Court after a trial or guilty plea. Because of these mandatory minimums, early legal intervention is critical.
Can a convicted felon ever legally possess a firearm in Virginia again?
Yes, but only after a successful petition for restoration of firearm rights from the Governor of Virginia. The restoration process is separate from any criminal case and requires the completion of all sentences, probation, and parole. Even after restoration, federal law under 18 U.S.C. § 922(g) may still prohibit firearm possession depending on the nature of the underlying felony. A lawyer can advise on the restoration procedure and whether state and federal disabilities can be lifted.
What defenses are available against a firearm by felon charge?
Common defenses include challenging the legality of the stop or search, contesting knowing possession, and questioning whether the prior felony qualifies as a predicate offense. If the police lacked reasonable suspicion or probable cause, any firearm found may be suppressed. Constructive possession cases often fail when the prosecution cannot prove the defendant knew the firearm was present and had control over it. In some situations, the prior conviction may not satisfy Virginia’s statutory requirements, experienced to dismissal.
Will I go to jail if convicted of firearm by felon?
Jail or prison time is expected for a Class 6 felony conviction, particularly when mandatory minimums apply. The sentencing court in Dinwiddie County must follow the statutory minimums if the case involves a violent prior felony. However, a lawyer may argue for a reduced sentence under state sentencing guidelines or seek an alternative disposition through negotiation. Each case is different, and an experienced attorney can explain the likely range of outcomes based on the specific facts.
Can the charge be reduced or dismissed?
Yes, a firearm-by-felon charge can be reduced or dismissed if the evidence is weak, the search was unlawful, or the prosecution agrees to amend the charge. In Dinwiddie County, the Commonwealth’s Attorney may, in appropriate cases, agree to reduce the charge to a lesser offense, such as a misdemeanor, that does not carry the same firearms prohibition. Dismissal may occur if the defense successfully argues a motion to suppress evidence or if the prosecution determines it cannot prove knowing possession beyond a reasonable doubt.
What should I do immediately after being charged with firearm by felon?
Contact a criminal defense lawyer immediately and do not discuss the case with anyone except your attorney. Preserve all documents related to the arrest, any prior felony conviction, and any firearms registration. Do not consent to any further searches or interviews without legal advice. Prompt legal intervention can affect bond, the preservation of evidence, and the early development of defense strategies.
How does the court process work for a felony in Dinwiddie County?
A felony firearm-by-felon case begins with an initial appearance and bond hearing in the Dinwiddie County General District Court, followed by a preliminary hearing to determine probable cause. If probable cause is found, the case is certified to the Dinwiddie County Circuit Court for trial. The defendant has the right to a jury trial. The entire process, from arrest to trial, can take several months. At each stage, a lawyer can challenge the evidence, negotiate with the prosecution, and prepare for trial.
Do I need a lawyer for a firearm by felon charge?
Yes, because the mandatory minimum prison sentences and lifelong consequences make self-representation extremely risky. A conviction can result in years of incarceration and a permanent felony record as well as additional bars on firearm ownership. An experienced attorney can identify procedural defenses, challenge evidence, and negotiate with the Commonwealth’s Attorney. For a consultation about your situation, call (888) 437-7747.
How can I contact a firearm by felon lawyer in Dinwiddie County?
You can reach Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation. The firm’s Richmond Location at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 serves clients throughout Dinwiddie County. Appointments are available by phone and in person.
In Dinwiddie County, Mr. Sris and his Of Counsel have documented four favorable criminal case results, including two dismissals and two charge reductions. Past results do not guarantee a similar outcome, and results vary.
For related legal issues, see our pages on criminal defense in Fairfax County, criminal defense in Prince William County, criminal defense in Manassas.
Additional Resources
- Va. Code § 18.2-308.2—Possession of firearm by convicted felon
- Dinwiddie County General District and Circuit Courts
- 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.