Firearm by Felon Lawyer Virginia, VA
A charge of possessing a firearm as a convicted felon in Virginia carries mandatory incarceration and the weight of the Commonwealth’s resources against you. Under Va. Code § 18.2-308.2, any person convicted of a felony who knowingly and intentionally possesses or transports a firearm faces a Class 6 felony, punishable by one to five years in prison—or, at the discretion of the jury or judge, up to twelve months in jail. Where the prior felony was a violent offense as defined in Virginia law, a mandatory minimum two-year sentence applies. If the firearm was loaded, the mandatory minimum rises to five years. These are not guidelines; they are statutory floors that the court cannot go below. Law Offices Of SRIS, P.C., practicing in Virginia since 1997, represents clients facing firearm-by-felon charges in General District Courts and Circuit Courts across the Commonwealth. To request a consultation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Firearm by Felon Means in Virginia
Virginia takes a stringent approach to firearm possession by individuals with felony records. The operative statute, Va. Code § 18.2-308.2, makes it unlawful for any person convicted of a felony to knowingly and intentionally possess, transport, or carry a firearm. The statute covers handguns, rifles, shotguns, and any other weapon that expels a projectile by explosion. Constructive possession—where the firearm is found in a place the individual controls, such as a vehicle or residence—is sufficient to support a charge. The Commonwealth does not need to prove the person was holding the weapon; access and dominion over the area where the firearm is located may establish the offense.
In Virginia, the vast majority of felony cases are initiated with a warrant or summons returnable to the General District Court, where a preliminary hearing determines whether probable cause exists to certify the charge to the Circuit Court. Because firearm-by-felon is a felony, the General District Court does not conduct the trial; it screens the evidence and, if probable cause is found, certifies the case to the Circuit Court for trial or disposition. The Circuit Court is where plea negotiations, motions practice, and jury trials occur. Throughout this process, the Commonwealth’s Attorney’s office prosecutes the case, and the procedures vary by judicial district. Understanding the local practices of the particular court where the charge is pending—whether in Fairfax County, Richmond, the Shenandoah Valley, or elsewhere in Virginia—informs the defense strategy at every stage.
Beyond incarceration and fines, a conviction under § 18.2-308.2 carries lasting collateral consequences. A felony conviction in Virginia results in the loss of voting rights, which must be restored through a petition to the Governor. It also disqualifies the person from serving on a jury and from holding public office. Federal law separately prohibits firearm possession by convicted felons under 18 U.S.C. § 922(g), and a state conviction may serve as the predicate for a subsequent federal prosecution. The stakes of a firearm-by-felon charge extend well beyond the immediate criminal case, affecting civil rights, employment opportunities, and federal exposure.
How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases
Defending a firearm-by-felon charge in Virginia begins with a thorough examination of the evidence and the procedures that produced it. Mr. Sris and his Of Counsel review every aspect of the case: whether the search that uncovered the firearm complied with constitutional standards, whether the chain of custody for the weapon is intact, whether the Commonwealth can prove the defendant knew the firearm was present, and whether the predicate felony conviction satisfies the statutory requirements. Each of these elements presents an opportunity for challenge, and the approach is tailored to the specific facts rather than a formulaic checklist.
In the General District Court, the preliminary hearing is a critical juncture. The defense may cross-examine the Commonwealth’s witnesses, test the reliability of the evidence, and argue that probable cause has not been established. If the court finds probable cause lacking, the charge is dismissed at that stage. If the case is certified, the Circuit Court proceedings begin with arraignment, discovery, and motions practice. Motions to suppress evidence—when warranted by the facts—can narrow the Commonwealth’s case or, if granted, lead to dismissal. Throughout the pretrial phase, Mr. Sris and his Of Counsel engage with the Commonwealth’s Attorney to explore whether the charge can be resolved short of trial, whether through amendment, reduction, or an agreed disposition that accounts for the individual circumstances of the case. Virginia permits plea agreements under Rule 3A:8 of the Rules of the Supreme Court of Virginia, providing a framework for negotiated resolutions when appropriate.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and 4,739+ documented firm-wide results to criminal defense matters in Virginia. Results may vary. Their work includes identifying defense opportunities that arise from the intersection of Virginia law and federal firearms prohibitions, evaluating whether a prior conviction qualifies as a predicate felony under the statute, and, where the evidence supports it, challenging the voluntariness or legality of statements made to law enforcement. Every defense strategy is built from the ground up, based on the evidence and the law as applied in the specific jurisdiction where the case is pending.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., established the firm in 1997 and practices in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, Mr. Sris brings firsthand understanding of how the Commonwealth constructs and pursues criminal cases. His experience includes testimony before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris keeps his caseload manageable to maintain close involvement in the matters he handles, collaborating with his Of Counsel to address each case with thorough preparation and attention to the client’s circumstances.
Mr. Sris’s Of Counsel team includes attorneys with backgrounds in law enforcement and prosecution, bringing more than 120 years of combined legal experience and 4,739+ documented firm-wide results to the firm’s criminal defense practice. Results may vary. The team has handled matters in Virginia courts of every level, from General District Courts across the Commonwealth to the Court of Appeals and the Supreme Court of Virginia. On any given case, the attorney working on the matter draws on this collective knowledge—of police investigative techniques, prosecutorial charging decisions, and the practices of individual courts—to develop a defense strategy shaped by familiarity with the system from multiple perspectives.
Frequently Asked Questions
What is the penalty for firearm possession by a convicted felon in Virginia?
A conviction for possession of a firearm by a convicted felon in Virginia is a Class 6 felony punishable by one to five years in prison, with a mandatory minimum two-year sentence if the prior felony was a violent offense and a mandatory minimum five years if the firearm was loaded. The court may also impose a fine of up to $2,500. The actual sentence depends on the nature of the predicate felony, the circumstances of the possession, the defendant’s criminal history, and the sentencing guidelines. Because mandatory minimums strip the court of discretion to go below a set floor, the specific facts of the case—including whether the prior offense qualifies as violent under Virginia’s statutory definition—are critical to the range of outcomes. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Can a convicted felon get their firearm rights restored in Virginia?
A convicted felon in Virginia may petition the Governor for restoration of civil rights, including the right to possess a firearm, but restoration is discretionary and not guaranteed. The process typically begins with an application to the Secretary of the Commonwealth for restoration of basic civil rights—voting, jury service, and the ability to hold public office. Firearm rights are not automatically included in a standard rights restoration and generally require a separate, specific petition demonstrating that the individual poses no threat to public safety. The timeline and requirements vary depending on the nature of the underlying conviction and the applicant’s record since the conviction. Federal law under 18 U.S.C. § 922(g) independently prohibits firearm possession unless the state restoration fully reinstates the right; a partial restoration may not satisfy federal requirements. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
What defenses are available against a firearm-by-felon charge in Virginia?
Defenses against a firearm-by-felon charge in Virginia may include challenging the legality of the search that uncovered the weapon, disputing whether the defendant knowingly possessed the firearm, or contesting whether the predicate conviction qualifies as a felony under the statute. A motion to suppress evidence may be appropriate where law enforcement conducted a warrantless search without a recognized exception to the warrant requirement. Constructive possession cases—where the firearm is found in a shared space—may be challenged by showing that the defendant did not exercise dominion and control over the area. In some cases, the defense may raise whether the defendant was aware of the firearm’s presence, as the statute requires knowing and intentional possession. Each defense depends entirely on the specific facts developed through investigation and discovery. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
Do I need a lawyer for a firearm-by-felon charge in Virginia?
Yes—a firearm-by-felon charge in Virginia is a felony carrying mandatory incarceration and permanent collateral consequences, and proceeding without counsel places the defendant at a significant disadvantage. A felony conviction affects employment eligibility, professional licensing, housing options, and immigration status for non-citizens. The procedural complexity of a felony case—preliminary hearing, discovery, motions, and potential jury trial—requires familiarity with the Virginia Rules of Evidence and the local practices of the court where the charge is pending. An experienced attorney can evaluate the strength of the Commonwealth’s evidence, identify viable defenses, negotiate with the prosecutor where appropriate, and present the case effectively at trial if necessary. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
How does the court process work for a firearm-by-felon case in Virginia?
A firearm-by-felon case in Virginia typically begins with an arrest or summons, proceeds to an arraignment and preliminary hearing in the General District Court, and, if probable cause is found, is certified to the Circuit Court for trial. At the preliminary hearing, the Commonwealth presents evidence to establish probable cause. If the General District Court judge finds probable cause, the case moves to the Circuit Court for arraignment, where the defendant enters a plea. Pretrial motions—such as motions to suppress evidence—are heard by the Circuit Court judge. If the case proceeds to trial, the defendant may elect a bench trial before the judge or a jury trial. Sentencing occurs after conviction, with the court applying Virginia’s sentencing guidelines and any applicable mandatory minimums. Throughout this process, the court schedules hearings according to its docket; the timeline varies by jurisdiction and case complexity.
What is the difference between a state and federal firearm-by-felon charge in Virginia?
A state charge under Va. Code § 18.2-308.2 is prosecuted by the Commonwealth’s Attorney in Virginia courts, while a federal charge under 18 U.S.C. § 922(g) is prosecuted by the United States Attorney in federal district court, with federal charges generally carrying longer sentences and no parole eligibility. The federal system abolished parole in 1987, meaning a federal sentence is served almost in full, with limited good-time credit. Federal mandatory minimums under the Armed Career Criminal Act can reach fifteen years for defendants with three prior violent felony or serious drug convictions. State and federal authorities may pursue parallel charges for the same conduct, and a state conviction can serve as the predicate for a subsequent federal prosecution. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Related pages: Fairfax County Criminal Lawyer · Richmond Criminal Defense · Virginia Criminal Defense Overview · Virginia Felony Defense
Resources: Virginia Code § 18.2-308.2 · Virginia Judicial System · Virginia Code Title 18.2 (Crimes and Offenses)
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