Firearm by Felon Lawyer Virginia Beach, VA
The last thing you expected after putting a felony conviction behind you was another charge. But if you’re now facing an accusation of possessing a firearm as a convicted felon, the stakes are serious. Virginia law does not take this offense lightly, and the Virginia Beach Commonwealth’s Attorney prosecutes these cases actively. You need a defense team that understands both how the charge is built and how to challenge it in the local courts. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel have been handling serious criminal cases since 1997. For a consultation about your firearm by felon charge, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What a Firearm by Felon Charge Means in Virginia Beach
A firearm by felon charge arises under Virginia Code § 18.2-308.2. This statute makes it unlawful for any person who has been convicted of a felony to knowingly and intentionally possess or transport a firearm. The charge is a Class 6 felony in most cases, and it carries a potential prison sentence and a lasting impact on your record. In Virginia Beach, these cases are heard in the Virginia Beach Circuit Court, located at 2425 Nimmo Parkway, Building 10B. Because this is a felony, you have an absolute right to a jury trial in Circuit Court.
Virginia Beach is the largest city in Virginia by population, with a diverse jurisdiction that stretches from the Oceanfront to Sandbridge and Oceana. The local judiciary sees a wide cross‑section of criminal matters, and the Commonwealth’s Attorney’s office for Virginia Beach prosecutes each firearm‑by‑felon case with close attention to the underlying felony conviction and the circumstances of the alleged possession. Whether the charge grew out of a traffic stop on I‑264, a domestic dispute in Town Center, or an incident near Naval Air Station Oceana, the local court procedures and the approach of the prosecuting office matter. An experienced attorney who practices regularly in Virginia Beach General District Court and Virginia Beach Circuit Court will understand how local practice can affect your defense.
How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases
Every firearm by felon case starts with an examination of the elements the Commonwealth must prove. The prosecutor must show that you have a prior felony conviction and that you knowingly and intentionally possessed or transported a firearm. Even a single piece of ammunition or a firearm found in a vehicle can support a charge. Mr. Sris, a former prosecutor, and his Of Counsel team, which includes a former Virginia State Trooper with fifteen years of law enforcement experience, look closely at how the evidence was gathered and whether your rights were respected during the investigation.
Defense approaches often include challenging the validity of the underlying felony if the prior conviction is constitutionally infirm, examining whether the object was actually a “firearm” as defined by law, and contesting whether you had knowing possession. The team also negotiates with the prosecutor to explore alternatives where appropriate — such as arguing for a jury’s discretion to impose a misdemeanor sentence rather than a prison term, which is allowed under the Class 6 felony framework. In Virginia Beach, the court may also consider whether any first‑offender or deferred disposition programs are available, though these are limited for firearm charges. Each defense is built on the facts of your case and the procedural history of the prior conviction.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been practicing criminal law since 1997. Admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, he brings a former prosecutor’s insight to every defense. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Working alongside him, his Of Counsel include a former Virginia State Trooper who understands police procedures from the inside, and other seasoned attorneys with extensive experience in Virginia criminal courts. Together, they bring over 120 years of combined legal experience and have achieved over 4,739 documented firm-wide results. Results may vary.
Frequently Asked Questions
What is the penalty for a firearm by felon conviction in Virginia?
Under Va. Code § 18.2‑308.2, a first‑offense firearm by felon is a Class 6 felony, punishable by one to five years in prison, or up to twelve months in jail if the jury chooses that alternative. If the prior felony was a violent felony as defined in § 17.1‑805 and occurred within the previous ten years, a mandatory minimum two‑year sentence applies. If the firearm was loaded and the prior conviction was a violent felony, the mandatory minimum becomes five years. In Virginia Beach, these cases are prosecuted in Circuit Court, and you have the right to a jury trial.
Can a firearm by felon charge be dismissed?
Dismissal is possible if the evidence cannot sustain the charge — for example, if the object was not legally a “firearm” or if the prosecution cannot prove knowing possession. Mr. Sris and his Of Counsel examine whether the search that uncovered the firearm was lawful, whether your prior conviction qualifies as a felony, and whether any procedural errors exist. In some cases, a strong defense leads to a nolle prosequi or an acquittal at trial. Each case is unique; past results do not guarantee a similar outcome.
How does a Virginia Beach firearm by felon case move through court?
After arrest, an initial bond hearing occurs before a magistrate, and a preliminary hearing in Virginia Beach General District Court determines whether probable cause exists for the felony to proceed to Circuit Court. If the judge finds probable cause, the case is certified to Virginia Beach Circuit Court for a grand jury indictment, followed by trial. Your attorney can file motions to suppress evidence, negotiate with the Commonwealth’s Attorney, and prepare for trial. The entire process can take several months depending on court scheduling.
Do I need a lawyer if I am facing a firearm by felon charge in Virginia Beach?
Yes. A felony conviction can mean years in prison and the permanent loss of your firearm rights. Even if you think the evidence is against you, an experienced attorney can identify weaknesses in the prosecution’s case, argue for a reduced sentence, and protect your rights throughout the proceedings. For a consultation about your case, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
What should I do if I am contacted by law enforcement about a firearm by felon investigation?
Politely decline to answer questions and ask to speak with an attorney. Do not consent to any search of your home, vehicle, or personal belongings. Anything you say can be used against you. Contact a criminal defense attorney as soon as possible so that your legal team can begin protecting your interests before charges are filed.
How does a prior felony conviction affect my firearm rights beyond a new charge?
Under both Virginia and federal law, a felony conviction generally results in a lifetime prohibition on possessing, transporting, or purchasing firearms and ammunition. Restoration of rights in Virginia requires a petition to the Governor. A new firearm by felon charge not only exposes you to new penalties but can also complicate any future effort to restore your rights. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
What to Expect When You Contact Our Firm
When you call (888) 437‑7747, you will speak with a member of our team who will listen to the details of your situation and help you schedule a consultation. Mr. Sris and his Of Counsel will review the charges, your criminal history, and the potential defenses. If we take your case, we will appear in the Virginia Beach courts on your behalf. We handle communication with the prosecutor, file necessary motions, and guide you through each step. Your involvement will be limited to required court appearances, while we handle the legal strategy.
Because a firearm by felon charge is a felony, you have the right to a jury trial. Our team prepares every case as if it will go to trial, which gives us the best position for negotiation and resolution. Contact our firm today to begin building your defense.
Attorney advertising. Prior results do not guarantee a similar outcome.
Case results depend on a variety of factors unique to each case.