Firearm by Felon Lawyer King William County, VA
Being charged with possession of a firearm by a convicted felon in King William County is a serious matter. Under Virginia law, this offense—codified at Va. Code § 18.2-308.2—is a Class 6 felony carrying a potential prison sentence of one to five years, or at least a mandatory minimum of two years under certain circumstances. The charge is prosecuted in the King William County Circuit Court after a preliminary hearing in the General District Court. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. represent clients facing firearm‑by‑felon allegations throughout King William County, including in the communities of King William, West Point, and Aylett. We approach each case with a detailed review of the evidence and the procedures that led to the charge. To discuss your situation in confidence, call (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Firearm by Felon Means in King William County, Virginia
Virginia’s felon‑in‑possession statute makes it unlawful for anyone with a felony conviction to knowingly and intentionally possess or transport a firearm. The offense is a Class 6 felony under Va. Code § 18.2-308.2. In many cases, the sentence can range from one to five years in prison; however, if the prior felony was a violent felony as defined by § 17.1-805 and it occurred within the previous ten years, a mandatory minimum two‑year sentence applies. That mandatory minimum increases to five years if the firearm was loaded at the time of the alleged possession.
Cases begin in the King William County General District Court, located at 351 Courthouse Lane, Suite 201, King William, VA 23086. This court handles all misdemeanor trials and felony preliminary hearings within the county. For a felony charge such as firearm possession by a convicted felon, the General District Court will conduct a preliminary hearing—typically within 21 to 60 days of arrest—to determine whether probable cause exists to send the case forward. If probable cause is found, the case moves to the King William County Circuit Court, which holds felony jury trials and has the authority to impose any sentence within the statutory range. The Commonwealth’s Attorney for King William County prosecutes these offenses, and the procedural path includes the accused’s absolute right to a jury trial in Circuit Court.
The outcome of a firearm‑by‑felon case can be influenced by several factual issues: how law enforcement encountered the defendant, whether the firearm was found in an area within the defendant’s control, and whether forensic testing establishes possession. Because Virginia’s definition of “possession” can be constructive as well as actual, a thorough examination of the facts is essential. Law Offices Of SRIS, P.C. has handled matters at both the General District and Circuit Court levels in King William County and is familiar with how these cases are litigated locally.
How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases
When we take on a firearm‑by‑felon charge in King William County, we begin by analyzing the arrest and the evidence the Commonwealth plans to use. Our team looks at whether the stop, search, or seizure complied with constitutional requirements. A former Virginia State Trooper on our Of Counsel team brings fifteen years of law enforcement experience to that review, enabling us to identify procedural weaknesses in the way evidence was gathered. We also examine forensic reports, witness statements, and the admissibility of any statements made by the accused.
Once the discovery phase is complete, we evaluate the available legal defenses. Depending on the facts, defenses may include lack of knowledge that the item was a firearm, lack of dominion and control over the location where the firearm was found, or challenging whether the defendant’s prior conviction qualifies as a “violent felony” for mandatory‑minimum purposes. In some cases, we may be able to negotiate with the prosecutor to reduce the charge—for example, to a misdemeanor offense that does not carry the same collateral consequences—or to secure a reduced sentence. If a negotiated resolution is not in the client’s best interests, we are prepared to take the case to trial in the King William County Circuit Court. Our approach is methodical and grounded in the specific details of each case, with the goal of achieving the most favorable outcome possible under the circumstances.
Under Va. Code § 18.2‑308.2, possession of a firearm by a convicted felon is a Class 6 felony punishable by one to five years imprisonment; a mandatory minimum two‑year sentence applies if the prior conviction was for a violent felony within the past ten years, and the mandatory minimum rises to five years if the firearm was loaded.
Source: Va. Code § 18.2‑308.2. Virginia Code – § 18.2‑308.2
Reviewed by Mr. Sris, admitted in VA, MD, DC, NJ, and NY.
About Mr. Sris and His Of Counsel Team
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor who understands how the government builds criminal cases. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He has testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His experience as a former prosecutor informs the defense strategies the firm develops for individuals facing serious felony charges.
Mr. Sris works alongside a highly experienced Of Counsel team that includes a former Virginia State Trooper with fifteen years of law enforcement service and a former Maryland Assistant State’s Attorney. The team’s combined legal experience exceeds 120 years. Results may vary. in any particular case. Collectively, the firm brings a practical understanding of police investigation methods, forensic evidence, and courtroom dynamics to every firearm‑by‑felon case in King William County.
Clients in King William County meet with us by appointment at our Richmond Location: 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225. Reach us at (888) 437-7747 to schedule a consultation about a firearm‑by‑felon charge.
Frequently Asked Questions
What is the penalty for firearm possession by a convicted felon in Virginia?
Firearm possession by a convicted felon is a Class 6 felony under Va. Code § 18.2‑308.2, punishable by one to five years in prison. If the prior conviction was for a violent felony within the previous ten years, a mandatory minimum two‑year sentence applies; that minimum increases to five years if the firearm was loaded. The case is tried in the Circuit Court after a preliminary hearing in the General District Court. Because the charge carries possible incarceration and long‑term consequences, early legal guidance is important.
Can a felon ever legally possess a firearm in Virginia?
Generally, no. A person convicted of a felony is prohibited from possessing or transporting a firearm under Virginia law, unless the right has been restored by the Governor or a court. Restoration of civil rights, including firearm rights, is a separate legal process that is not automatic. Even if state rights are restored, federal law under 18 U.S.C. § 922(g)(1) may still prohibit possession. Any individual considering firearm possession after a felony conviction should seek legal advice before acquiring or handling a gun.
How does a Virginia lawyer defend against firearm by felon charges?
Defense strategies may include challenging the legality of the stop or search, contesting that the defendant knowingly possessed the firearm, or questioning whether the item met the legal definition of a firearm. Other approaches involve scrutinizing forensic evidence, examining witness credibility, and reviewing whether the prior felony qualifies as a predicate offense for the mandatory minimum sentence. In some cases, the prosecution may be willing to reduce the charge or recommend a sentence within the lower end of the guidelines. Our team evaluates the specific facts under Va. Code § 18.2‑308.2 to build the strong $1 possible.
What should I do if I am facing a firearm‑by‑felon charge in King William County?
If you are charged with firearm possession by a convicted felon, contact a criminal defense attorney immediately and refrain from discussing the case with anyone other than your lawyer. Do not make statements to law enforcement without counsel present. Preserve any documents, photographs, or other evidence that may be relevant to your defense. The case will follow a specific procedural timeline beginning in the King William County General District Court, and prompt action can affect the outcome.
How are firearm‑by‑felon cases prosecuted in King William County courts?
These cases start with a preliminary hearing in the King William County General District Court, where a judge decides if there is probable cause to send the matter to the Circuit Court for trial. If the case is certified, the Circuit Court handles all further proceedings, including plea hearings and jury trials. The Commonwealth’s Attorney for King William County prosecutes the case. Because the process moves quickly after arrest, having legal representation at the earliest stage is critical.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Related practice areas in Virginia: Criminal lawyer Fairfax County · Criminal lawyer Fairfax City · Criminal lawyer Prince William County · Criminal lawyer Manassas
Virginia primary legal sources: Virginia Code Title 18.2 – Crimes and Offenses · Virginia Courts – Official Website
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Case results depend on a variety of factors unique to each case. Results may vary.