Firearm by Felon Lawyer James City County, VA
Facing a firearm‑by‑felon charge in James City County is a serious matter. Under Virginia law, possession of a firearm by a convicted felon is a Class 6 felony, punishable by a mandatory minimum sentence of two years in prison and a permanent loss of firearm rights. Law Offices Of SRIS, P.C. represents individuals accused of this offense in the Williamsburg‑area courts, including the James City County General District Court and the James City County Circuit Court. Mr. Sris and his Of Counsel team bring over two decades of Virginia criminal defense experience to every case, working to protect clients’ liberty and future opportunities. To speak with a lawyer about your situation, reach our Richmond Location at (888) 437‑7747. We serve James City County and surrounding communities from Williamsburg to Norge, Toano, and Lightfoot, and our phones are answered 24 hours a day. Consultations are by appointment. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Under Va. Code § 18.2‑308.2, possession of a firearm by a convicted felon in Virginia is a Class 6 felony with a mandatory minimum sentence of two years.
Source: Va. Code § 18.2‑308.2. Virginia Code § 18.2‑308.2
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
What Firearm by Felon Means in James City County
A charge of firearm by felon in James City County arises when a person previously convicted of a felony is accused of knowingly possessing, transporting, or carrying a firearm. The statute, Va. Code § 18.2‑308.2, imposes a mandatory minimum two‑year sentence, and the mandatory minimum increases to five years if the underlying felony was violent and the firearm was loaded at the time of the offense. A conviction also triggers a permanent federal firearms disability under 18 U.S.C. § 922(g), making it unlawful for the person to own or possess any firearm for life. Because the stakes are so high, early engagement of a defense attorney is critical.
Prosecutions are handled by the Commonwealth’s Attorney for James City County. A felony firearm‑by‑felon case begins with an arrest and a bond hearing before a magistrate; the magistrate may set a secured bond, and the defendant may appeal the bond decision to the James City County General District Court, located at 5201 Monticello Ave, Suite 4, Williamsburg. The General District Court conducts a preliminary hearing, and if the judge finds probable cause, the case is certified to the James City County Circuit Court for trial. Defendants have an absolute right to a jury trial in Circuit Court. The court is located within the Ninth Judicial District, and the surrounding area—including the Colonial Williamsburg historic district, the College of William & Mary, and the Busch Gardens corridor—generates a significant volume of criminal matters each year. Local practice in these courts is familiar to our team, and we present our cases with an understanding of how judges and prosecutors in James City County evaluate firearm‑by‑felon charges.
How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases
Defending a firearm‑by‑felon charge requires a thorough review of the circumstances of the alleged possession and the validity of the predicate felony conviction. The Commonwealth must prove beyond a reasonable doubt that the accused was a convicted felon and that he knowingly possessed or transported a firearm. Our defense approach focuses on each element.
We scrutinize the legality of the stop, search, and seizure that led to the firearm’s discovery. If law enforcement conducted a warrantless search without probable cause or consent, the firearm and any statements may be excluded from evidence. We also examine whether the alleged possession meets the statutory definition—brief, innocent contact with a firearm, or ownership by another person present at the scene, can provide grounds for challenge. In addition, we review the nature of the prior felony conviction. Some older felony convictions may be eligible for a restoration of firearm rights through a gubernatorial petition, though this process is separate from the criminal defense. Where a prior conviction was for a non‑violent felony and the client has led a law‑abiding life, mitigation may influence the prosecution’s charging decision or potential plea negotiations. While Virginia’s firearm‑by‑felon law imposes harsh mandatory minimums, the Commonwealth’s Attorney retains discretion to amend or nolle prosequi a charge in appropriate circumstances. Mr. Sris and his Of Counsel team work to identify every procedural error, evidentiary weakness, and mitigating factor to protect the client’s rights. Outcomes vary depending on the facts of each case; we approach each matter with a commitment to thorough preparation and client‑centered advocacy.
About Mr. Sris and His Of Counsel Team
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, Owner and Founder of the firm. A former prosecutor, Mr. Sris brings decades of criminal trial experience to firearm‑by‑felon defense and has personally handled matters in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His background as a former prosecutor gives him a unique understanding of how the Commonwealth builds its case, and that insight informs every defense strategy.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and 4,739+ documented firm-wide results. Results may vary. All Of Counsel are engaged through Excella and work collaboratively with Mr. Sris to prepare and litigate firearm‑by‑felon cases in James City County. The firm does not have a physical location in James City County; we represent clients from our Richmond Location, 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225. Consultations are by appointment; we can arrange to meet with you in James City County or at our Richmond Location as convenient. Reach us at (888) 437‑7747 day or night.
Frequently Asked Questions
How does a Virginia lawyer defend against firearm by felon charges?
A defense against a firearm‑by‑felon charge in Virginia focuses on challenging the legality of the search, the validity of the predicate felony conviction, and whether the accused actually possessed the firearm. Because the Commonwealth must prove knowing possession beyond a reasonable doubt, we investigate whether the firearm was discovered through an unlawful stop or warrantless search, whether the accused had mere proximity rather than actual control over the weapon, and whether the prior felony conviction is constitutionally valid. Procedural violations, such as a failure to Mirandize the accused, may also provide grounds to exclude statements or evidence. Each case is fact‑specific, and a defense tailored to the unique circumstances of the arrest and alleged possession can substantially affect the outcome.
What should I do if I am facing firearm by felon charges in James City County?
If you are arrested for firearm by felon in James City County, contact a criminal defense attorney immediately and exercise your right to remain silent. Do not discuss the facts of the case with anyone except your attorney—not with police, jail staff, family, or on social media. Preserve any documents, phone records, or other evidence that may be relevant to your defense. Bond may be set at the first appearance; an attorney can present arguments for personal recognizance or a lower secured bond. Early intervention allows for a thorough investigation of the arrest, possible avenues for a bond reduction, and a strategic response to the preliminary hearing at the James City County General District Court.
What is the difference between state and federal firearm‑by‑felon charges?
State charges under Va. Code § 18.2‑308.2 are prosecuted in Virginia courts by the Commonwealth’s Attorney, while federal charges under 18 U.S.C. § 922(g) are prosecuted by the U.S. Attorney in federal district court. Both carry severe penalties, but federal sentences generally involve more rigid sentencing guidelines and no parole. In many cases, the U.S. Attorney for the Eastern District of Virginia may become involved if the alleged firearm possession crossed state lines or involved a violent felony. Our firm is prepared to handle both state and federal firearm‑by‑felon prosecutions and can challenge dual‑sovereign prosecution if both jurisdictions attempt to try the same offense.
Can a felon ever own a firearm again in Virginia?
In Virginia, a person convicted of a felony may petition the Governor for a restoration of firearm rights, but the process is lengthy and discretionary. Restoration is not automatic and typically requires a waiting period after the completion of all sentence terms, including probation and the payment of fines. Even if state rights are restored, the federal prohibition under 18 U.S.C. § 922(g) remains unless the conviction is expunged, set aside, or pardoned at the state level. A defense attorney can advise on the current status of restoration petitions and, when applicable, assist with the application process separately from the underlying criminal case.
How is bond set in a James City County firearm‑by‑felon case?
A magistrate sets bond shortly after arrest; because firearm‑by‑felon is a felony, a secured bond is typical, and the amount is influenced by the nature of the prior felony, the circumstances of the alleged possession, and the defendant’s ties to the community. The bond decision may be appealed to the James City County General District Court, where defense counsel can argue for a lower bond or personal recognizance. Factors such as stable employment, family ties in the Williamsburg area, and a clean record since the prior felony can support a favorable bond ruling. Our team appears at bond hearings to advocate for the most favorable conditions possible.
Do I need a lawyer for a firearm‑by‑felon case in James City County?
Yes—firearm‑by‑felon is a Class 6 felony with a mandatory minimum sentence of two years, and representing oneself is extremely risky. The procedural rules in Virginia General District and Circuit Courts are complex, the stakes include a lifelong loss of firearm rights and a permanent felony record, and the Commonwealth’s Attorney will bring the full resources of the state to secure a conviction. An experienced attorney can file motions to suppress evidence, negotiate with the prosecutor for a reduced charge or nolle prosequi, and present a compelling defense at trial. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437‑7747.
Explore related practice‑area pages:
Criminal Defense Lawyer in York County · Criminal Defense Lawyer in Williamsburg · Criminal Defense Lawyer in Fairfax County
Primary legal resources:
Virginia Code Title 18.2 (Crimes and Offenses) · Virginia Judiciary Online · Williamsburg/James City County GDC
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