Firearm by Felon Lawyer Dinwiddie County, VA
A charge under Virginia Code § 18.2-308.2 for possession of a firearm by a convicted felon is a serious felony offense. The mandatory minimum prison sentences and potential prison time make it critical to build a strong defense from the very start. Law Offices Of SRIS, P.C. represents individuals facing firearm-by-felon accusations in the Dinwiddie County General District Court and Circuit Court. Mr. Sris, a former prosecutor, founded the firm in 1997, and together with his Of Counsel team, has over 120 years of combined legal experience and 4,739+ documented firm-wide results. Results may vary. We serve clients from our Richmond location, conveniently situated to handle cases at the Dinwiddie Courthouse on U.S. Route 1. Whether you are arrested after a traffic stop on I-85 or following an investigation at a residence in McKenney, you need counsel who understands both the law and local court procedures. Reach our Richmond location at (804) 201-9009 or toll‑free at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Firearm by Felon Means in Dinwiddie County
Virginia Code § 18.2-308.2 makes it unlawful 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, carrying a punishment of one to five years in prison, or up to 12 months in jail at the discretion of a jury. If the prior felony conviction was for a violent felony within the preceding ten years, a mandatory minimum sentence of two years applies; if that violent felony conviction involved a loaded firearm, the mandatory minimum becomes five years. These minimum terms are not subject to suspension or parole.
In Dinwiddie County, firearm-by-felon cases begin with an arrest and an appearance before a magistrate who sets bond. The case then proceeds to the Dinwiddie County General District Court for a preliminary hearing, where a judge determines whether probable cause exists to send the charge to the grand jury. If the charge is certified, it moves to the Dinwiddie County Circuit Court for indictment, arraignment, motions, and ultimately a jury trial. The Commonwealth’s Attorney’s Office prosecutes these matters, and the Elected Circuit Court Judge presides. Because the stakes include a felony record, incarceration, and a loss of firearm rights, every procedural step must be handled with precision.
How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases
Every firearm-by-felon case begins with a comprehensive review of the arrest and the evidence. The defense team examines whether the search that uncovered the weapon was lawful, whether the defendant actually possessed the firearm (constructive possession often arises in vehicle cases), and whether the predicate felony qualifies as a “violent felony” under Virginia’s sentencing provisions. Mr. Sris and his Of Counsel look for procedural violations, chain‑of‑custody issues, and gaps in the Commonwealth’s evidence. Because the firm’s team includes a former Virginia State Trooper, the group brings first‑hand understanding of how arrests and investigations unfold in the field.
The approach then shifts to negotiation and trial preparation. In many instances, a charge under § 18.2-308.2 can be resolved short of trial if the evidence is weak or if the Commonwealth agrees to an amendment to a lesser, non‑firearm‑disability offense. If trial is necessary, the firm prepares thoroughly for a jury trial in the Circuit Court, presenting defenses such as lack of knowledge, restoration of civil rights, or factual disputes over whether the item meets the statutory definition of a “firearm.” The goal is always to protect the client’s liberty, record, and future firearm rights.
About Mr. Sris and His Of Counsel Team
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. A former prosecutor, he has been practicing since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His criminal defense work includes testimony before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and his Of Counsel oversees the strategy for serious felony matters in Dinwiddie County.
Alongside Mr. Sris, the firm’s Of Counsel team brings decades of courtroom and investigative experience. Several of our Of Counsel are former law‑enforcement officers and former prosecutors, providing insight into how the other side constructs its case. This collective background allows the firm to spot procedural errors, challenge evidence effectively, and present a well‑prepared defense. Results may vary.
Frequently Asked Questions
What does “firearm by felon” mean under Virginia law?
It means a person who has been convicted of a felony is charged with knowingly and intentionally possessing or transporting a firearm in violation of Virginia Code § 18.2‑308.2. The offense does not require that the firearm was used or displayed; mere possession is enough. Even if the firearm belonged to someone else or was located in a vehicle the person was driving, constructive possession can be alleged. The prior felony can be from Virginia, another state, or a federal conviction, and the prohibition applies regardless of how long ago the felony occurred unless civil rights have been fully restored. A conviction creates a permanent firearm disability and a new felony record.
What are the penalties for firearm by felon in Dinwiddie County?
A conviction under § 18.2‑308.2 is a Class 6 felony punishable by one to five years in prison, or up to 12 months in jail at the jury’s discretion. If the prior felony was violent, a two‑year mandatory minimum sentence applies; if that violent felony involved a loaded firearm, the mandatory minimum is five years. Sentencing takes place in Dinwiddie County Circuit Court after a plea or jury verdict. The judge considers the sentencing guidelines, but the mandatory minimums remove much of the court’s discretion. A felony conviction also carries the loss of civil rights, including the right to vote and to possess firearms permanently, unless later restored by the governor.
Can a lawyer help get a firearm by felon charge dismissed?
Yes, an experienced defense lawyer may be able to secure a dismissal by challenging the legality of the stop, search, or seizure that led to the discovery of the firearm. If law enforcement lacked reasonable suspicion or probable cause, the evidence can be suppressed, and without the firearm the Commonwealth often cannot proceed. Additionally, if the defendant’s civil rights had been restored at the time of the alleged offense, possession may be lawful. Negotiation with the prosecutor can also result in an amendment to a non‑firearm charge, avoiding the permanent federal firearm disability. The specific facts of each case determine which strategy is appropriate.
What should I do if I am facing a firearm by felon charge in Dinwiddie County?
Immediately contact a criminal defense attorney and do not discuss the facts of the case with anyone else, including friends or family. Preserve any documents that may be relevant, such as proof of restoration of rights, receipts, or photographs. Avoid posting about the situation on social media. The magistrate will set bond shortly after arrest, and having counsel present at the bond hearing can make a substantial difference in the terms. The time between arrest and the preliminary hearing in the Dinwiddie County General District Court is critical for investigating the case and preserving favorable evidence. Early representation is essential.
How does the court process work for a firearm by felon case in Dinwiddie County?
The case starts with an arrest and bond determination, followed by a preliminary hearing in the Dinwiddie County General District Court to decide if there is probable cause to send the charge to the grand jury. If certified, the case advances to the Circuit Court, where a grand jury indicts the defendant, and then an arraignment is held. Motion hearings, including suppression motions, are conducted before trial. Overall, the timeline depends on the court’s calendar and the complexity of the evidence. Defendants have a right to a jury trial in Circuit Court. If convicted, sentencing is set for a later date after a pre‑sentence report is prepared.
Do I need a lawyer for a firearm by felon charge in Dinwiddie County?
Yes, because a conviction under § 18.2‑308.2 carries mandatory prison time and a lifetime firearm prohibition, making legal representation essential. The rules of evidence and criminal procedure in Virginia are complex, and the Commonwealth’s Attorney will be represented by experienced prosecutors. An attorney can evaluate the strength of the state’s evidence, file motions to suppress illegally obtained evidence, and pursue plea negotiations that may avoid the most severe consequences. Representing yourself is extremely risky when mandatory minimum sentences apply. A consultation with Law Offices Of SRIS, P.C. Allows you to understand your options before making any decisions. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Related pages: Fairfax County Criminal Lawyer | Prince William County Criminal Lawyer | Manassas Criminal Lawyer | Dinwiddie County Criminal Defense
Official sources: Virginia Code Title 18.2 – Crimes and Offenses | Dinwiddie County Circuit Court | Dinwiddie County General District Court
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Case results depend on a variety of factors unique to each case.