Firearm by Felon Lawyer Poquoson — What Are Your Defense Options?
Possession of a firearm by a convicted felon in Poquoson is a serious felony under Va. Code § 18.2-308.2, punishable by a mandatory minimum of 2 years in prison. As a prohibited person gun charge lawyer Poquoson, Law Offices Of SRIS, P.C. provides a strong defense for these complex cases.
Virginia Law on Felon in Possession of a Firearm
Virginia law strictly prohibits any person who has been convicted of a felony from knowingly possessing, transporting, or carrying any firearm. This statute, Va. Code § 18.2-308.2, is a Class 6 felony, but carries a mandatory minimum sentence of two years imprisonment upon conviction. The law applies regardless of how much time has passed since the felony conviction. Defenses can include challenging whether the item was a “firearm” as defined by law, whether the defendant had knowledge of its presence, or whether the prior conviction qualifies under the statute.
Last verified: April 2026 | Poquoson General District Court | Virginia General Assembly
Official Legal Resources
For the exact statutory language, review Va. Code § 18.2-308.2 (official Virginia General Assembly). Court procedures and forms are available through the Virginia Judicial System website.
Local Court Process for a Firearm by Felon Charge in Poquoson
A firearm by felon charge in Poquoson begins with an arrest and an initial appearance at the Poquoson General District Court (500 City Hall Avenue). The court will hold a preliminary hearing to determine if there is probable cause to certify the felony charge to the Poquoson Circuit Court for a jury trial. Given the mandatory minimum sentence, prosecutors often seek indictment by a grand jury. A strategic defense must begin immediately, focusing on evidence suppression, challenging the definition of “possession,” and exploring all procedural options.
- Initial Arrest & Bond Hearing: You will be taken before a magistrate who sets a bond. Given the felony nature, a secured bond is likely.
- Preliminary Hearing in GDC: A hearing at Poquoson General District Court where the Commonwealth must show probable cause. Your attorney can cross-examine arresting officers.
- Circuit Court Arraignment: If certified, you will be arraigned in Poquoson Circuit Court, plead not guilty, and the court will set a trial date.
- Pre-Trial Motions & Discovery: Your attorney will file motions to suppress evidence and compel discovery from the prosecution.
- Plea Negotiation or Trial: Based on the evidence, your attorney will negotiate for a reduction or dismissal, or prepare for a jury trial.
- Sentencing (if convicted): A conviction triggers a mandatory minimum sentence. Your attorney will advocate for mitigating factors at sentencing.
Potential Penalties for a Firearm by Felon Conviction
In Poquoson, possession of a firearm by a convicted felon is a Class 6 felony with a mandatory minimum prison sentence of two years, a fine up to $2,500, and the permanent loss of firearm rights.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Possession of Firearm by Convicted Felon (Va. Code § 18.2-308.2) | Class 6 Felony | Mandatory minimum 2 years; up to 5 years. | Up to $2,500 | Permanent loss of firearm rights; felony record; impact on voting rights, employment, housing. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Firearm Charge Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes over 4,739 documented case results with a favorable outcome rate exceeding 93%. We understand the severe implications of a firearm-by-felon charge and deploy a defense strategy that scrutinizes every aspect of the prosecution’s case, from the legality of the search to the specifics of your prior record.
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Case Results & Client Advocacy
Our team has a documented history of achieving favorable results in complex criminal cases. For instance, we have successfully negotiated reductions from felony to misdemeanor charges and secured dismissals where constitutional rights were violated. In Poquoson, we use our understanding of local court procedures and prosecution tendencies to advocate effectively for our clients.
Results may vary. Prior results do not guarantee a similar outcome.
Firearm by Felon Lawyer Near Poquoson, VA
Our Richmond location serves clients facing charges at the Poquoson courts. We are accessible via Route 171 and Route 134, serving the Poquoson community. 24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Suite 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions: Firearm by Felon Charges
What is the penalty for a felon in possession of a firearm in Virginia?
It is a Class 6 felony with a mandatory minimum sentence of two years in prison, a fine up to $2,500, and a permanent felony record.
Can a felon ever legally own a gun in Virginia?
No. Virginia law provides no process for a convicted felon to restore firearm possession rights. Federal law also imposes a lifetime ban. A felon with firearm defense lawyer Poquoson can explain that rights restoration applies only to voting and office holding, not firearms.
What if I didn’t know the gun was in my car or house?
The prosecution must prove you “knowingly” possessed the firearm. Lack of knowledge is a valid defense. An attorney will investigate to show you were unaware of the firearm’s presence.
Are there any defenses to a firearm by felon charge?
Yes. Defenses include illegal search and seizure (Fourth Amendment violation), mistaken identity, the item not meeting the legal definition of a “firearm,” or an invalid prior conviction. A prohibited person gun charge lawyer Poquoson can evaluate the specific facts of your case.
What should I do if I’m arrested for this charge?
Remain silent and request an attorney immediately. Do not discuss the case with anyone. Contact a firearm by felon lawyer Poquoson from our firm 24/7 at (888) 437-7747 to begin building your defense.
Related Legal Services in Poquoson: If you are facing other charges, our firm also provides representation for DUI/DWI, Family Law, and Reckless Driving matters. For more information on our statewide criminal defense practice, visit our Virginia Criminal Defense hub page.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.