Firearm by Felon Lawyer Virginia Beach, VA
You were at home in Virginia Beach when law enforcement officers executed a search warrant and found a firearm. Because you have a prior felony conviction, you were arrested and charged with possession of a firearm by a convicted felon, a serious felony offense under Virginia law. A conviction can send you to prison for years and strip you of fundamental rights permanently. At Law Offices Of SRIS, P.C., our criminal defense team, led by Mr. Sris, a former prosecutor, works to protect your rights and pursue favorable outcomes. Call (888) 437-7747 to request a confidential consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
How a Firearm‑by‑Felon Charge Is Handled
Defense strategies in firearm‑by‑felon cases start with a thorough review of the evidence. We examine whether the item meets the statutory definition of a firearm, challenge the link between the defendant and the weapon, and investigate the legality of the search or seizure. Because one of our Of Counsel is a former Virginia State Trooper with 15 years of service, our team brings firsthand knowledge of police procedures, investigative methods, and enforcement tactics to every case. We also scrutinize whether the prior conviction qualifies as a predicate felony under Virginia law and whether the prosecution can prove knowing and intentional possession. Mr. Sris and his Of Counsel have extensive criminal trial experience and pursue every available defense to weaken the Commonwealth’s case.
What to Expect in Virginia Beach Courts
If you are charged with possession of a firearm by a felon in Virginia Beach, your case starts with an arrest and an initial appearance before a magistrate, who sets bond. Felony cases proceed to a preliminary hearing in the Virginia Beach General District Court, located at 2425 Nimmo Parkway, Building 10B, Virginia Beach, VA 23456. At that hearing, the Commonwealth’s Attorney must present evidence to establish probable cause. If the court finds probable cause, the case is certified to the Virginia Beach Circuit Court for trial or disposition. The timeline for a felony case varies depending on court scheduling, the volume of discovery, and whether pretrial motions are filed. Our attorneys appear in these courts regularly and understand the procedural steps and local practices that can affect the course of a case.
Penalties Under Virginia Code § 18.2‑308.2
Under Virginia law, it is a Class 6 felony for a convicted felon to knowingly and intentionally possess or transport a firearm. The punishment range is one to five years in prison, or at the discretion of the jury, up to 12 months in jail and a fine of up to $2,500. Mandatory minimum sentences apply if the prior felony was a violent offense as defined in Va. Code § 17.1‑805: a mandatory minimum of two years if the violent felony occurred within the preceding ten years, and a mandatory minimum of five years if the firearm was loaded at the time of the offense. A conviction may also trigger federal charges under 18 U.S.C. § 922(g), which carries up to ten years in federal prison. Results may vary.
Experienced Criminal Defense Representation
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced criminal defense since 1997. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His Of Counsel team includes a former Virginia State Trooper and a former Maryland Assistant State’s Attorney, bringing over 120 years of combined legal experience and 4,739+ documented firm-wide results. Results may vary. Mr. Sris and his Of Counsel handle complex felony cases in Virginia Beach and throughout Virginia, combining courtroom experience with thorough case preparation. Our firm has documented 8 favorable case results in Virginia Beach across all practice areas; And prior results do not guarantee a similar outcome Call (888) 437-7747 to discuss your situation.
Frequently Asked Questions
How does a Virginia lawyer defend against firearm by felon charges?
Defense strategies include challenging the evidence of possession, questioning whether the item meets the statutory definition of a firearm, and scrutinizing the legality of the search that led to the discovery of the weapon. An experienced attorney will also examine whether the prior felony conviction qualifies as a predicate offense under Va. Code § 18.2‑308.2 and whether the prosecution can prove knowing and intentional possession. If law enforcement violated the Fourth Amendment or procedural requirements, a motion to suppress may lead to the charge being reduced or dismissed. Mr. Sris and his Of Counsel evaluate every angle of the case to build a strong defense.
What should I do if I am facing firearm by felon charges in Virginia Beach?
Contact a criminal defense attorney immediately and do not speak to law enforcement without counsel present. Preserve any documents, text messages, or social media posts that may relate to the case, but do not discuss the facts with anyone other than your lawyer. The decisions made in the first days after an arrest—including at the bond hearing—can affect the entire case. Early legal involvement allows your attorney to protect your rights, negotiate with the Commonwealth’s Attorney, and begin developing a thorough defense strategy.
Can a firearm by felon charge be dismissed?
A charge may be dismissed if the prosecution cannot prove each element beyond a reasonable doubt, if evidence was obtained illegally, or if the defendant’s prior conviction does not qualify as a predicate felony. For example, if the alleged “firearm” does not meet Virginia’s statutory definition, or if the search violated the Fourth Amendment, suppression may eliminate critical evidence. In some cases, negotiation with the Commonwealth’s Attorney leads to a reduction or a dismissal in exchange for cooperation or other factors. An experienced attorney assesses the case to identify weaknesses in the state’s evidence.
What are the long‑term consequences of a firearm by felon conviction?
A conviction results in a permanent felony record, a lifetime loss of firearm rights under federal law (18 U.S.C. § 922(g)), and can affect employment, housing, and professional licenses. Even after serving a sentence, a felon in possession conviction makes it difficult to pass background checks and may restrict the ability to obtain certain government benefits. Immigration consequences can also arise for non‑citizens. Because the collateral consequences are severe, a vigorous defense is essential.
Does Virginia have any diversion or first‑offender program for firearm by felon charges?
There is no statutory first‑offender or diversion program specifically for firearm possession by a convicted felon in Virginia. However, an experienced attorney may still negotiate a reduction or amendment of charges in some circumstances. For example, the Commonwealth may agree to amend the charge to a lesser offense if the evidence is weak or if the defendant’s prior conviction is remote in time. Every case is unique, and the outcome depends on the specific facts and the quality of the defense presented.
Do I need a lawyer for a firearm by felon charge, or can I handle it myself?
Because a conviction carries mandatory prison time and severe collateral consequences, you should have skilled legal representation. Criminal court procedures are complex, and evidentiary rules—especially regarding search and seizure—require professional analysis. Self‑representation puts you at a significant disadvantage when facing a trained prosecutor. An experienced attorney can identify defenses you may not recognize and negotiate with the Commonwealth’s Attorney or advocate for you at trial.
Discuss Your Case with Our Team
If you or a family member has been charged with possession of a firearm by a convicted felon in Virginia Beach, contact Law Offices Of SRIS, P.C. to request a consultation. Call (888) 437-7747. Our Richmond location serves clients throughout Virginia Beach. Appointments are available by request.
Richmond Location
7400 Beaufont Springs Drive, Suite 300, Room 395
Richmond, VA 23225
(888) 437-7747
For a full statutory breakdown and detailed analysis of firearm by felon laws in Virginia, see our comprehensive guide.
Primary sources: Virginia Code Title 18.2, Virginia Beach General District Court, and Virginia Beach Circuit Court.
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary. ␦ 1997-2026 Law Offices Of SRIS, P.C.
Case results depend on a variety of factors unique to each case.