Firearm by Felon Lawyer Virginia, VA

A firearm by felon charge under Va. Code § 18.2‑308.2 is one of the most serious firearms offenses in Virginia. A conviction can result in felony penalties, a lasting criminal record, and the loss of firearms rights. If you or a family member has been charged with possession of a firearm by a convicted felon anywhere in Virginia, early legal representation is critical. Law Offices Of SRIS, P.C., founded in 1997, concentrates a substantial portion of its practice on criminal defense and has extensive experience representing clients in cases involving firearm-by-felon allegations. Mr. Sris, a former prosecutor, and his Of Counsel team bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results in firearms-possession defense. Results may vary. To request a consultation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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What Firearm by Felon Means in Virginia

In Virginia, the offense commonly called “firearm by felon” is codified at Va. Code § 18.2‑308.2. The statute makes it unlawful for any person who has been convicted of a felony to knowingly and intentionally possess or transport a firearm. A violation is a Class 6 felony. The potential consequences are severe and include imprisonment, a substantial fine, and a permanent criminal record that can affect employment, housing, and professional licensing. Under certain circumstances, the offense carries a mandatory minimum sentence; for example, a prior violent‑felony conviction can trigger a mandatory two‑year term of incarceration. In addition, a felony conviction results in the loss of civil rights, including the right to vote and to possess firearms, absent a successful restoration petition to the Governor.

Prosecution of a firearm‑by‑felon charge proceeds through Virginia’s General District Court for arraignment and preliminary hearing, and felony trials are conducted in the Circuit Court. The Commonwealth’s Attorney has broad discretion in charging and may agree to amend or reduce charges when the facts warrant. Importantly, while the judge is not a party to plea negotiations, defense counsel can engage the prosecutor to explore alternatives, including pre‑trial diversion for eligible individuals or an amendment to a lesser offense where evidence supports it.

How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases

Because a firearm‑by‑felon charge carries the possibility of incarceration and the loss of fundamental rights, the defense approach is thorough and methodical. Mr. Sris and his Of Counsel examine every aspect of the government’s case, beginning with the lawfulness of the stop, search, and seizure that led to the discovery of the firearm. If law enforcement violated the defendant’s constitutional rights, a motion to suppress the seized evidence can be filed. The defense also scrutinizes the element of “knowing and intentional” possession and whether the state can prove the firearm was actually in the defendant’s control.

Beyond a fact‑based challenge, the team may explore whether the defendant’s prior felony conviction can be challenged or whether restoration‑of‑rights efforts, if already underway, provide a viable defense. In appropriate cases, negotiation with the Commonwealth’s Attorney for a charge reduction—such as an amendment to a misdemeanor offense that does not trigger the firearm disqualification—may be achievable. Throughout the process, the focus is on working toward the trusted attainable outcome under the specific facts of the case.

About Mr. Sris and His Of Counsel Team

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 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). Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results in criminal defense matters across the five jurisdictions. Results may vary. The Of Counsel team includes attorneys with backgrounds in law enforcement and prosecution, each contributing extensive trial experience and insight into how the Commonwealth prepares and presents its case.

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Frequently Asked Questions

What should I do if I am facing firearm by felon charges in Virginia?

Contact an experienced criminal defense attorney immediately and do not discuss the case with anyone else. The charge is a serious felony, and statements you make to law enforcement or others can be used against you. Gather any documents related to the arrest and preserve any evidence, such as text messages, photographs, or witness contact information. The sooner an attorney begins reviewing the circumstances, the more options may be available.

What are the potential consequences of a firearm‑by‑felon conviction in Virginia?

A conviction is a Class 6 felony and can result in imprisonment of one to five years, a fine, and a permanent criminal record. If the prior felony was a violent offense, a mandatory minimum sentence of two years may apply. In addition to incarceration, a conviction triggers the loss of firearms rights, may affect employment opportunities, and can have immigration consequences for non‑citizens. Each case is unique, and the actual sentence depends on the defendant’s history and the specific facts of the offense.

Can a firearm‑by‑felon charge be dismissed or reduced?

A dismissal or reduction is possible when the evidence is weak or when constitutional violations occurred. If law enforcement conducted an illegal search, the seized firearm may be suppressed, which often leads to dismissal. Similarly, if the Commonwealth cannot prove that the defendant knowingly possessed the firearm, the case may be resolved favorably. In other situations, a skilled negotiation with the prosecutor may result in an amendment to a lesser offense that does not carry the same lifelong consequences.

Do I need a lawyer for a firearm‑by‑felon charge in Virginia?

Yes; the seriousness of a felony charge and the complexity of the legal issues involved make experienced representation essential. The outcome of a firearm‑by‑felon case can affect every aspect of your future, and navigating the court system without counsel is risky. A qualified defense attorney can evaluate the evidence, identify procedural errors, negotiate with the Commonwealth, and advocate on your behalf at every stage of the proceeding.

How does the criminal process work for a firearm‑by‑felon case in Virginia?

The case begins with an arrest and an initial appearance before a magistrate, followed by a preliminary hearing in General District Court. If the judge finds probable cause, the felony charge is certified to the Circuit Court for trial. At arraignment, the defendant enters a plea. The defense then engages in discovery, files motions, and, if no resolution is reached, the case proceeds to a bench or jury trial. The timeline varies depending on court scheduling and the complexity of the matter.

What defenses are available to a firearm‑by‑felon charge?

Common defenses include challenging the legality of the search, contesting the element of possession, and disputing the validity of the underlying felony conviction. If the firearm was discovered during a warrantless search that lacked an exception, a motion to suppress can be filed. The defense may also show that the defendant did not have actual or constructive possession of the weapon. In some instances, a restoration‑of‑rights order or a pardon may negate the “convicted felon” status for purposes of the statute.

Virginia law resources:
Virginia Code Title 18.2 (Crimes and Offenses) ·
Virginia’s Judicial System

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Case results depend on a variety of factors unique to each case.