Firearm by Felon Lawyer New Kent County, VA
A traffic stop on I-64 west of Richmond turns into a search, and a firearm is found in a vehicle or on your person. Because of a prior felony conviction, you now face a charge under Virginia Code § 18.2‑308.2 — possession of a firearm by a convicted felon. The charge is a Class 6 felony carrying one to five years in prison and a mandatory minimum two‑year sentence if the underlying felony was a violent offense. In New Kent County, these cases are handled first in the General District Court for preliminary matters; serious felonies proceed to the Circuit Court where a conviction can permanently strip your firearm rights and affect employment, housing, and professional licenses. The Law Offices Of SRIS, P.C. represents individuals charged with firearm by felon throughout New Kent County, including the communities of New Kent, Providence Forge, and Quinton. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience to every matter, backed by 4,739+ documented firm-wide results. Results may vary. Call (888) 437‑7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Defense Strategy Options for Firearm by Felon Charges
A thorough defense in a firearm‑by‑felon case often begins with a careful review of how law enforcement discovered the weapon. If the firearm was found during a warrantless search, an experienced attorney examines whether that search complied with the Fourth Amendment. Challenging the admissibility of evidence can lead to suppression of the firearm and, in some instances, dismissal of the charge.
Another avenue is to contest the prosecution’s ability to prove the defendant knowingly possessed the firearm. Virginia law requires that the defendant actually or constructively possessed the weapon with knowledge. Mr. Sris and his Of Counsel also evaluate whether prior convictions meet the statutory definition of a felony that triggers the mandatory minimum, and work with the Commonwealth’s Attorney to explore plea agreements that may reduce the charge to a misdemeanor offense where legally possible. Because Virginia does not permit judicial‑level plea bargaining, negotiations are conducted exclusively with the prosecutor; a well‑prepared defense motion can shape those discussions significantly.
What to Expect in New Kent County Courts
New Kent County General District Court, located at 12001 Courthouse Circle, New Kent, VA 23124, hears all initial appearances and preliminary hearings for felony firearm charges. If probable cause is found, the case is certified to the New Kent County Circuit Court, where the trial — including any jury trial — takes place. The Commonwealth’s Attorney for New Kent County prosecutes these offenses. A defendant has an absolute right to a jury trial in Circuit Court for any charge carrying potential incarceration, including firearm by felon.
Our Richmond Location serves clients in New Kent County and regularly appears in these courts. The firm has documented 4 case results in New Kent County, all with favorable outcomes — including dismissals and charge reductions. Results may vary. Securing early legal representation is critical because post‑arrest bail conditions, evidence preservation, and the timing of a preliminary hearing can all influence the ultimate outcome. Mr. Sris and his Of Counsel handle firearm by felon matters from the initial bail hearing through trial, when necessary.
Penalties for Firearm by Felon in Virginia
Va. Code § 18.2‑308.2 defines the offense as knowing and intentional possession or transport of a firearm by any person previously convicted of a felony. The charge is a Class 6 felony, with a sentencing range of one to five years in prison. However, if the prior felony was a violent felony under § 17.1‑805 and the conviction occurred within ten years, a mandatory minimum sentence of two years applies. If the firearm was loaded and the prior felony was violent, the mandatory minimum rises to five years. These mandatory minimums cannot be suspended by the judge.
A conviction also results in a permanent loss of the right to possess firearms, collateral impacts on employment and professional licenses, and in many cases, a prohibition on voting. Because Virginia law does not allow expungement of felony convictions, a firearm‑by‑felon conviction is a lifelong mark. The stakes are high, making a rigorous defense essential.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has concentrated his practice on criminal defense since 1997. A former prosecutor, he understands how the Commonwealth builds its case and uses that knowledge to craft defense strategies. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and has testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience to every criminal matter, backed by 4,739+ documented firm-wide results. Results may vary. The Of Counsel team includes attorneys with backgrounds in law enforcement and prosecution, providing practical insight into police procedures and prosecutorial tactics. Together, the team handles firearm‑by‑felon cases with careful preparation and attention to procedural detail. Past outcomes do not guarantee a similar result.
Frequently Asked Questions
How does a Virginia lawyer defend against firearm by felon charges?
Defense strategies for firearm by felon charges may include challenging the legality of the search, disputing knowledge of the firearm’s presence, and negotiating with the prosecutor for a reduced charge. An attorney investigates whether law enforcement had probable cause or a valid warrant when the firearm was discovered. If the stop or search violated the Fourth Amendment, a motion to suppress the firearm can be filed, which often leads to dismissal. Counsel also examines the underlying felony record — if the prior conviction is not a qualifying felony under § 18.2‑308.2, the charge may be defeated. Where appropriate, negotiations with the Commonwealth’s Attorney can result in an amendment to a misdemeanor offense, avoiding the mandatory minimum sentence and felony record. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
What should I do if I am facing firearm by felon charges in Virginia?
If you are facing a firearm by felon charge, remain silent and contact an experienced criminal defense lawyer immediately; do not discuss the facts with anyone other than your attorney. Anything you say to law enforcement can be used against you, so exercise your right to counsel. Preserve all documents, phone records, and any other evidence that might be relevant. The court will set bail conditions quickly after your arrest; legal representation at the bail hearing can significantly affect whether you are released pretrial. Because of the mandatory minimum penalties, early preparation is critical. Defense counsel can immediately begin investigating the search and seizure, challenging probable cause, and reviewing your prior convictions to determine an appropriate $1 forward. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
What is the penalty for firearm by felon in Virginia?
Possession of a firearm by a convicted felon is a Class 6 felony punishable by one to five years in prison, with a mandatory minimum two‑year sentence if the prior felony was violent, or five years if the firearm was loaded. The offense is codified at Va. Code § 18.2‑308.2. Because these are mandatory minimums, the judge cannot impose a suspended sentence for the minimum portion. A conviction also results in a permanent prohibition on possessing firearms, and it can affect voting rights, employment opportunities, and professional licenses. Virginia does not allow expungement of felony convictions, making a firearm‑by‑felon conviction a permanent record. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437‑7747.
Can a firearm by felon charge be expunged in New Kent County?
Virginia law does not permit expungement of a firearm‑by‑felon conviction; expungement is generally available only for acquittals, dismissals, or nolle prosequi dispositions. Under Va. Code § 19.2‑392.2, a person whose charge results in a not‑guilty verdict, a dismissal, or a nolle prosequi may petition the New Kent County Circuit Court to expunge the police and court records. If the charge is reduced to a non‑felony offense that does not result in a conviction, expungement may still be unavailable, but the record may be sealed under Virginia’s 2021 sealing framework. Because the consequences of a firearm‑by‑felon conviction are so severe, a strong defense that avoids a conviction is the trusted protection against a permanent record. To discuss the details of your situation, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
How does bail work for firearm by felon charges in New Kent County?
A magistrate sets bail shortly after arrest; for a felony firearm charge, a secured bond (often requiring a bail bondsman) is typical, but the amount depends on the specific facts and the defendant’s ties to the community. The magistrate considers factors such as flight risk, danger to the community, and prior record. For many first‑offense misdemeanors, personal recognizance is common, but felony firearm charges almost always require a secured bond. The bail decision can be appealed to the New Kent County General District Court, where counsel can argue for a lower bond or release on recognizance. An attorney can present evidence of stable employment, family ties, and limited criminal history to support a more favorable pretrial release. For guidance on bail and defense strategy, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Request a Consultation
Mr. Sris and his Of Counsel are available to discuss your case. Our Richmond Location serves clients throughout New Kent County.
7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225
By appointment only. Call (888) 437‑7747 to schedule a consultation.
For a comprehensive statutory analysis of Virginia firearm laws, visit Virginia criminal defense information on our main site.
Virginia Code Title 18.2 (Crimes and Offenses) · Virginia Courts
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.