Firearm by Felon Lawyer Fauquier County, VA
You are at your home in Warrenton, Virginia, when Fauquier County sheriff’s deputies arrive with a search warrant. During the search, they locate a handgun in a bedroom closet. You have a prior felony conviction from years ago. The deputies arrest you on a charge of possession of a firearm by a convicted felon under Va. Code § 18.2‑308.2. Now you face a Class 6 felony that carries serious prison time. In this situation, the charge and its consequences depend on the specific facts of your prior record, the nature of the search, and how the evidence was developed. Law Offices Of SRIS, P.C. provides experienced defense representation for firearm‑by‑felon cases throughout Fauquier County. Call (888) 437‑7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Defending a Firearm by Felon Charge in Fauquier County
Firearm‑by‑felon charges in Fauquier County arise under Virginia Code § 18.2‑308.2, which makes it unlawful for any person previously convicted of a felony to knowingly and intentionally possess or transport a firearm. The charge is a Class 6 felony, but the prosecution must prove every element beyond a reasonable doubt—including knowing possession and a valid underlying felony conviction. An effective defense examines how law enforcement conducted the search, whether the item qualifies as a “firearm” under Virginia law, and whether the alleged possession was knowing and intentional.
Mr. Sris and his Of Counsel evaluate whether the search complied with constitutional requirements. A warrant that was based on insufficient probable cause or that exceeded its scope can lead to suppression of the evidence. Likewise, if the firearm was not actually within your control—for example, found in a common area of a shared residence without direct evidence linking it to you—the element of possession may be challenged. The defense may also examine whether any exception under § 18.2‑308.2 applies, such as restored civil rights with firearm privileges or a valid expungement of the underlying felony. Because the Commonwealth’s Attorney for Fauquier County prosecutes these matters, having a defense team familiar with local court practices is essential. Our attorneys work to identify procedural weaknesses, negotiate with the prosecution for amendment or dismissal where appropriate, and—when necessary—present a thorough defense at trial in the Fauquier County General District Court or Circuit Court.
What to Expect When Facing a Firearm by Felon Case in Fauquier County
After an arrest for firearm by felon, a magistrate sets bond at the initial appearance. For felony charges, the magistrate often imposes a secured bond, though personal recognizance is possible for those with minimal criminal history beyond the disqualifying felony. The case proceeds to the Fauquier County General District Court at 6 Court Street, Warrenton, for a preliminary hearing, where the Commonwealth’s Attorney must show probable cause that a felony was committed and that you were the person who committed it. If probable cause is found, the case is certified to the Fauquier County Circuit Court, which has jurisdiction over felony trials.
At the Circuit Court, the defendant may elect a jury trial. Virginia law grants an absolute right to a jury trial for any offense carrying potential jail time. The court may also consider pretrial motions—including motions to suppress evidence and motions challenging the validity of the underlying felony conviction. The timeline for a felony case in Fauquier County varies depending on the court’s calendar, the complexity of the evidence, and whether plea negotiations take place. Throughout the process, defendants are entitled to counsel; court‑appointed counsel is available for those who qualify based on income, and the fee for a felony is generally higher than for a misdemeanor. At Law Offices Of SRIS, P.C., we guide clients through each stage, from the initial appearance to trial or negotiated disposition.
Penalties for Firearm by Felon Under Virginia Law
Firearm by felon is a Class 6 felony under Virginia law. The sentence and any mandatory minimum terms depend on the nature of the prior felony and the specific circumstances of the current charge.
A conviction for possession of a firearm by a convicted felon under Va. Code § 18.2‑308.2 carries a sentence of one to five years in prison, or, at the discretion of a jury, up to twelve months in jail and a fine. If the prior felony was a violent felony under § 17.1‑805 and the offense occurred within ten years of the prior conviction, a mandatory minimum of two years applies; if the firearm was loaded, the mandatory minimum is five years.
Source: Virginia Code § 18.2‑308.2. Va. Code § 18.2‑308.2
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Beyond incarceration, a conviction permanently affects the right to possess firearms. Restoration of rights—including firearm rights—requires a petition to the Governor of Virginia. In Fauquier County, prior outcomes in firearm‑by‑felon cases have included reduced or amended charges; results depend on the facts of each case. Results may vary.
Defending Firearm Charges in Fauquier County: The Law Offices Of SRIS, P.C. Approach
Law Offices Of SRIS, P.C., founded in 1997, provides experienced defense representation in Fauquier County’s General District and Circuit Courts. Mr. Sris, a former prosecutor, founded the firm and continues to handle complex criminal matters. His Of Counsel team includes a former Virginia State Trooper, whose fifteen‑year law‑enforcement career provides firsthand insight into how firearm‑related investigations are conducted. This combination of prosecutorial and law‑enforcement perspectives allows the firm to identify procedural weaknesses in the Commonwealth’s case—from the initial stop or search to the handling and preservation of evidence.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience to criminal defense matters, with 4,739+ documented firm-wide results. Results may vary. When you consult with our firm, we evaluate the details of your case, explain the legal options, and develop a defense strategy tailored to the circumstances. Reach our Fairfax location at (888) 437‑7747 to schedule a consultation.
Frequently Asked Questions About Firearm by Felon Charges in Fauquier County
How does a Virginia lawyer defend against firearm by felon charges?
An experienced firearm‑by‑felon defense attorney in Virginia examines the lawfulness of the search, whether the item qualifies as a firearm, and whether the defendant knowingly possessed it. Defense strategies may include challenging the validity of the search warrant or warrantless search under the Fourth Amendment, arguing that the item is not a “firearm” as defined under § 18.2‑308.2, or showing that the defendant lacked actual knowledge of the firearm’s presence. If the underlying felony conviction has been expunged or civil rights restored with firearm privileges, the charge may be subject to dismissal. In Fauquier County, where the Commonwealth’s Attorney’s office prosecutes these cases, an experienced defense attorney can negotiate for amendment or dismissal where the evidence supports it. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
What should I do if I am facing firearm by felon charges in Virginia?
If you are charged with firearm by felon in Virginia, immediately invoke your right to remain silent and your right to counsel, and do not discuss the case with anyone except your lawyer. Preserve any documents, receipts, or other records that may be relevant to the charge. The case will be heard in the General District Court for a preliminary hearing, and having a defense attorney early allows for prompt review of the charging documents, the search warrant, and the evidence. The sooner an attorney is involved, the better the opportunity to seek release on favorable bond conditions and to begin building a defense before the preliminary hearing. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
Is a firearm by felon charge always a felony in Virginia?
Yes, possession of a firearm by a convicted felon is a Class 6 felony under Va. Code § 18.2‑308.2, regardless of the nature of the prior felony. A Class 6 felony carries a sentence of one to five years in prison, though a jury has the option to impose a term of up to twelve months in jail. If the prior felony was a violent felony, mandatory minimum sentences may apply. A felony conviction also results in the loss of firearm rights and other collateral consequences. However, a charge does not automatically become a conviction; the prosecution must prove the elements, and defenses may lead to dismissal, amendment, or acquittal. Results may vary. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437‑7747.
Can a firearm by felon charge be reduced or dismissed in Fauquier County?
Yes, a firearm by felon charge can be reduced or dismissed if the evidence is insufficient or if constitutional violations occurred. For example, if the search that uncovered the firearm is found to be unlawful, the evidence may be suppressed and the charge dismissed. In some cases, the Commonwealth’s Attorney may agree to amend the charge to a lesser offense if the evidence of knowing possession is weak. In Fauquier County, our firm has achieved reduced or amended outcomes in firearm‑related cases; one documented result in the county involved a favorable reduction. Results may vary. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
For a complete statutory analysis of Virginia firearm laws, see our comprehensive overview at Virginia Criminal Defense Lawyer.
Our firm also represents clients in neighboring counties: Criminal Lawyer Fairfax County, VA · Criminal Lawyer Prince William County, VA · Criminal Lawyer Stafford County, VA · Criminal Lawyer Loudoun County, VA · Criminal Lawyer Arlington County, VA
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.