Firearm by Felon Lawyer Virginia Beach

Statutory Definition of a Felon in Possession Charge

The prosecution must prove you were previously convicted of a felony. They must also prove you knowingly possessed a firearm. Possession can be actual or constructive. Actual possession means the firearm was on your person. Constructive possession means you had dominion and control over it. This could be in a vehicle or home you occupy. The charge is separate from any other offenses. It is often filed alongside other weapons or drug charges.

What constitutes “possession” under Virginia law?

Possession means either physical control or the power to exercise control over a firearm. You do not need to be holding the gun to be charged. If a gun is found in a car you are driving, you can be charged. If a gun is found in a home you live in, you can be charged. The prosecution must prove you knew the firearm was present. They must also prove you had the ability to control it. A prohibited person gun charge lawyer Virginia Beach can attack these elements.

Does the type of prior felony conviction matter?

Yes, the nature of the prior felony can impact the case. All felony convictions trigger the prohibition under § 18.2-308.2. This includes non-violent felony convictions. The specific felony may influence a prosecutor’s plea offer. It can also affect a judge’s sentencing discretion on any time beyond the mandatory minimum. A Virginia Beach firearm lawyer will review your entire criminal history.

What is the difference between state and federal charges?

You can be charged under Virginia state law or federal law. Federal law, 18 U.S.C. § 922(g), also prohibits felons from possessing firearms. Federal charges are typically brought by the U.S. Attorney’s Location. Federal penalties are often more severe than state penalties. Federal cases are prosecuted in the U.S. District Court for the Eastern District of Virginia. A lawyer experienced in both systems is essential.

The Insider Procedural Edge in Virginia Beach

Your case will begin at the Virginia Beach General District Court located at 2425 Nimmo Parkway. All preliminary hearings and misdemeanor trials are held there. Felony charges are certified to the Virginia Beach Circuit Court. The Circuit Court address is 2425 Nimmo Parkway, Building 10A. You must be aware of strict filing deadlines and court dates. Missing a date can result in a bench warrant for your arrest.

The local procedural tempo is fast. The Commonwealth’s Attorney’s Location for Virginia Beach moves cases quickly. Early intervention by a firearm possession attorney Virginia Beach is crucial. Filing fees and court costs apply at each stage. Procedural specifics for Virginia Beach are reviewed during a Consultation by appointment at our Virginia Beach Location. We know the clerks, the judges, and the local prosecutors.

What is the typical timeline for a felony firearm case?

A case can take from several months to over a year to resolve. The preliminary hearing in General District Court usually occurs within a few months of arrest. If certified, the Circuit Court process adds significant time. Motions, discovery, and potential trial preparation extend the timeline. A skilled lawyer can sometimes expedite a favorable resolution.

What are the key procedural motions in these cases?

A motion to suppress evidence is often the most critical filing. This motion challenges the legality of the search or seizure that found the firearm. If the gun is thrown out, the case may be dismissed. Other motions can challenge the sufficiency of the evidence. A motion to dismiss may be filed if the prior conviction is legally invalid. Your lawyer will identify the right procedural strategy.

Penalties & Defense Strategies

The most common penalty range is the mandatory five-year prison sentence with additional discretionary time possible. A judge can impose a sentence beyond the five-year minimum. The maximum penalty for a Class 6 felony is five years in prison. However, this charge carries a mandatory minimum, so the judge must give at least five years. Fines of up to $2,500 can also be imposed.

[Insider Insight] Virginia Beach prosecutors take these cases very seriously. They rarely offer reductions that avoid the mandatory prison time. Their focus is on securing a conviction that triggers the five-year sentence. The best defense is to attack the case before trial. This means challenging the stop, the search, or the proof of possession.

Can the mandatory five-year sentence be avoided?

Yes, but only if the charge is defeated before a guilty verdict. This requires a dismissal, a not guilty verdict at trial, or a favorable plea to a different charge. A plea to a lesser offense like reckless handling of a firearm may avoid the mandatory time. This requires skilled negotiation and a strong defense posture.

What are the long-term consequences of a conviction?

You will lose your right to possess firearms permanently. You will face significant barriers to employment and housing. The felony conviction remains on your record. You will have difficulty obtaining professional licenses. You may lose certain civil rights. A conviction can also impact child custody or visitation cases.

What are common defense strategies?

The first strategy is to challenge the legality of the police stop or search. The Fourth Amendment protects against unreasonable searches and seizures. If the police lacked probable cause, the evidence can be suppressed. The second strategy is to challenge the proof of “knowing” possession. The third is to examine the validity of the predicate felony conviction. A Virginia Beach criminal lawyer will investigate all angles.

Why Hire SRIS, P.C. for Your Virginia Beach Firearm Charge

SRIS, P.C. has a Location in Virginia Beach to serve you locally. We provide criminal defense representation across the state. Our approach is direct and tactical. We do not waste time. We analyze the evidence, identify weaknesses, and pressure the prosecution early. We have a record of securing dismissals and favorable plea agreements in complex cases. Your case will be handled by an experienced member of our experienced legal team.

Localized FAQs for Virginia Beach Firearm Charges

What should I do if I am arrested for a felon with a firearm charge in Virginia Beach?

Can I get bail on a felon in possession charge in Virginia Beach?

How long will a felon with a firearm case take in Virginia Beach courts?

What is the cost of hiring a lawyer for this charge in Virginia Beach?

Will I go to prison if convicted of this charge in Virginia Beach?

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