Firearm by Felon Lawyer Colonial Heights, VA
If you are facing a firearm by felon charge in Colonial Heights, Virginia, the legal process moves quickly and the stakes are high. A conviction under Va. Code § 18.2‑308.2 carries serious consequences, including a mandatory minimum prison sentence. Law Offices Of SRIS, P.C., founded in 1997, represents clients charged with possession of a firearm by a convicted felon in Colonial Heights General District Court and Colonial Heights Circuit Court. Mr. Sris, a former prosecutor, and his Of Counsel team bring over 120 years of combined legal experience to criminal defense matters, and the firm has achieved 4,739+ documented firm-wide results. Results may vary. To request a consultation about your case, call (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Firearm by Felon Means in Colonial Heights
In Virginia, it is a felony for any person convicted of a felony to knowingly and intentionally possess or transport a firearm. The charge is frequently referred to as “firearm by felon” or “felon in possession of a firearm.” Colonial Heights, an independent city within the Twelfth Judicial District, prosecutes these offenses through the Commonwealth’s Attorney for Colonial Heights. Cases are initiated in the Colonial Heights General District Court for preliminary hearings, and felony trials proceed in the Colonial Heights Circuit Court at 550 Boulevard, Colonial Heights, VA 23834.
Under Virginia Code § 18.2‑308.2, 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 sentence of two years.
Source: Va. Code § 18.2‑308.2
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
The court will consider the nature of the prior felony, any aggravating factors, and the defendant’s background. The Commonwealth’s Attorney for Colonial Heights prosecutes these matters, and the court system moves efficiently. A person charged with this offense has the right to a jury trial in the Circuit Court. Understanding the procedural landscape early is essential to building a thorough defense.
How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases
Mr. Sris and his Of Counsel approach each firearm by felon case in Colonial Heights with careful factual and procedural analysis. The defense often begins with examining the basis of the stop, the legality of the search, and the chain of custody for any evidence. In some circumstances, the prior felony conviction may be challenged on legal grounds. The firm’s attorneys are experienced in identifying issues in the charging documents and in reviewing discovery for constitutional or statutory violations.
Because the Virginia courts in Colonial Heights follow strict procedural rules, Mr. Sris and his Of Counsel prepare every matter as though it will go to trial. Their preparation includes witness interviews, motion practice, and a thorough evaluation of the Commonwealth’s evidence. The firm works to protect the client’s rights at each stage, from the initial appearance through preliminary hearing and, if necessary, trial in the Circuit Court. The timeline of a case varies based on the complexity of the evidence and the court’s calendar.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is a former prosecutor. 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). His Of Counsel team includes attorneys with extensive backgrounds in criminal defense, including a former Virginia State Trooper and a former Maryland Assistant State’s Attorney. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, and the firm has achieved 4,739+ documented firm-wide results. Results may vary.
Frequently Asked Questions
What is the charge of firearm by felon in Virginia?
Firearm by felon, codified at Virginia Code § 18.2‑308.2, makes it a felony for any person who has been convicted of a felony to knowingly and intentionally possess or transport a firearm. The offense is classified as a Class 6 felony and carries a mandatory minimum sentence of two years in prison if the qualifying felony was a violent offense defined under § 17.1‑805. Even without a mandatory minimum, a conviction can result in a sentence of one to five years. The charge is actively prosecuted in Colonial Heights, and the Commonwealth’s Attorney is responsible for presenting the evidence.
Can a felon restore firearm rights in Virginia?
Yes, restoration of civil rights, including the right to possess a firearm, is possible through a petition for restoration of rights addressed to the Governor of Virginia. However, the process does not automatically erase a felony conviction, and the restoration does not remove the federal firearms prohibition under 18 U.S.C. § 922(g). An individual must receive a restoration of civil rights from the Governor and then separately seek relief from the federal ban. The requirements and timeline vary, and legal counsel can provide guidance on eligibility.
What is the difference between a state and a federal firearm by felon charge?
A state firearm by felon charge is brought under Virginia Code § 18.2‑308.2 in Virginia courts, while a federal charge is prosecuted under 18 U.S.C. § 922(g) in the U.S. District Court. The federal version carries its own sentencing guidelines and mandatory minimums, and cases are handled by the U.S. Attorney’s Office. Federal charges often arise when the offense involves interstate commerce or federal agency involvement. Defendants may face parallel state and federal prosecutions, making early legal advice particularly important.
Do I need a lawyer for a firearm by felon charge in Colonial Heights?
Yes, anyone charged with firearm by felon in Colonial Heights should speak with an experienced criminal defense attorney as soon as possible. The charge is a felony with mandatory prison time in many cases, and the procedural rules in General District Court and Circuit Court are complex. A conviction can affect employment, housing, and future rights. An attorney can evaluate the evidence, challenge improper searches or seizures, negotiate with the prosecutor, and prepare for trial if necessary. Early involvement can make a substantial difference in the direction of the case.
What are possible defenses to a firearm by felon charge?
Defenses in a firearm by felon case may include challenging the legality of the search and seizure, questioning whether the defendant constructively possessed the firearm, or demonstrating that the defendant falls within an exception to the statute. The prosecution must prove that the defendant knew of the presence of the firearm and had the ability to control it. If the stop or arrest lacked probable cause, the resulting evidence may be suppressed. Additionally, certain law enforcement officers may be exempt from the prohibition. Each defense depends on the specific facts of the case.
What happens at the preliminary hearing in Colonial Heights General District Court?
At the preliminary hearing, the Commonwealth’s Attorney must present enough evidence for the judge to find probable cause that a felony was committed and that the defendant committed it. If probable cause is found, the case is certified to the Colonial Heights Circuit Court for trial. The defendant has the right to cross‑examine witnesses and challenge the evidence. In some circumstances, the charges may be amended or dismissed at this stage. An attorney can prepare for the hearing, identify weaknesses in the prosecution’s case, and preserve issues for later proceedings.
How long does a firearm by felon case take in Colonial Heights?
The timeline for a firearm by felon case in Colonial Heights varies depending on the complexity of the case, the court’s schedule, and whether the matter proceeds to a jury trial. A general estimate for a felony case in the Twelfth Judicial District is several months from the preliminary hearing to trial, but unforeseen motions or evidentiary disputes can extend the process. The defendant’s right to a speedy trial under Virginia law places certain outer limits on delay. It is important to work with counsel who can manage the procedural calendar and keep the case moving appropriately.
Can a firearm by felon conviction be expunged in Virginia?
Generally, a conviction for firearm by felon cannot be expunged under current Virginia law. Expungement is available only for charges that result in an acquittal, a nolle prosequi, or a dismissal. If a defendant is convicted of the felony, the record remains. In limited circumstances, a gubernatorial pardon may later provide a path to removal of civil disabilities. An attorney can explain whether any post‑conviction relief options apply in a specific situation.
Our firm also serves clients in other Virginia localities: criminal defense attorney in Fairfax County, criminal lawyer in Prince William County, Fairfax city criminal defense, Falls Church criminal defense, and criminal defense in Manassas. Learn more about our Virginia criminal defense practice.
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