Firearm by Felon Lawyer York County, VA
You were at home when law enforcement arrived. Perhaps someone made a report; perhaps officers found a firearm during a separate call. Now you face a charge of possessing a firearm as a convicted felon—a serious felony that carries mandatory prison time and the potential to upend your life. If this describes your situation in York County, Virginia, you need experienced legal guidance immediately. The charge falls under Va. Code § 18.2-308.2, which makes it a Class 6 felony for any person previously convicted of a felony to knowingly and intentionally possess or transport a firearm. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel team concentrate their practice on defending individuals facing firearm-by-felon charges in York County. To discuss your case, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Happens When You Are Charged with Firearm by Felon in York County
If you have been arrested for possession of a firearm by a convicted felon in York County, your case will proceed through the York County General District Court for an initial appearance and a preliminary hearing, then move to the York County Circuit Court at 300 Ballard Street, Yorktown, VA 23690, where felony cases are tried. The Commonwealth’s Attorney for York County prosecutes these matters actively; a conviction carries not only the statutory sentence but also the loss of firearm rights, voting rights, and, in some instances, federal exposure under 18 U.S.C. § 922(g)(1).
Virginia law imposes a baseline punishment of one to five years in prison for a Class 6 felony, though the jury or judge has discretion to impose up to twelve months in jail instead. However, the statute includes mandatory minimum sentences that remove that discretion when the underlying felony was a violent one. A mandatory minimum of two years applies if the prior felony was a violent felony under Va. Code § 17.1-805 committed within ten years; a mandatory minimum of five years applies if the prior violent felony involved a loaded firearm. These sentencing floors make early, informed legal strategy essential.
A conviction under Va. Code § 18.2-308.2 is a Class 6 felony punishable by 1 to 5 years in prison, with a mandatory minimum of 2 years if the prior felony was a violent felony within 10 years, or 5 years if the prior violent felony involved a loaded firearm.
Source: Va. Code § 18.2-308.2
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Beyond state penalties, a York County firearm-by-felon charge can trigger federal prosecution under 18 U.S.C. § 922(g), which carries up to ten years in federal prison with no parole. Federal authorities frequently review state cases for parallel charging, especially when the firearm is linked to other offenses. Mr. Sris and his Of Counsel team evaluate every case for both state and federal exposure, working to minimize the risk of a dual prosecution.
How Mr. Sris and His Of Counsel Approach Firearm by Felon Cases
Defending a firearm-by-felon case in York County requires a careful review of the prosecution’s evidence and a thorough investigation of the circumstances of the stop, search, and seizure. Mr. Sris, a former prosecutor, understands how the Commonwealth’s Attorney builds these cases. His Of Counsel team includes attorneys with backgrounds in Virginia law enforcement, providing firsthand insight into police procedures and investigative techniques. Together, they identify procedural weaknesses, challenge the admissibility of evidence when appropriate, and negotiate with prosecutors to pursue charge amendments or reductions where the facts support them.
The firm reviews whether the firearm was actually possessed—a term defined broadly under Virginia law but subject to factual dispute. They examine whether the criminal history that qualifies the client as a “convicted felon” is accurate and whether prior convictions are eligible for challenge or expungement. In appropriate cases, they explore whether restoration of civil rights, including firearm rights, can serve as part of a long-term resolution. Every defense is built around the specific evidence and the client’s goals, with the understanding that even a reduced charge can avoid mandatory minimums and preserve future opportunities.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is a former prosecutor with experience in criminal trial work. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Alongside his Of Counsel team—attorneys with over 120 years of combined legal experience and 4,739+ documented firm-wide results—he directs the firm’s criminal defense practice. Results may vary. The team handles cases in York County Circuit Court and across Virginia, drawing on extensive courtroom experience and a detailed understanding of the intersection between state and federal firearms law.
Frequently Asked Questions
What is the penalty for firearm by felon in York County?
A conviction for firearm by felon is a Class 6 felony with a sentence of one to five years in prison, though a judge or jury may impose up to twelve months in jail as an alternative. Mandatory minimum sentences of two or five years apply if the prior felony was a violent one and occurred within ten years. The York County Circuit Court imposes the sentence. Conviction also permanently bars federal firearm possession under 18 U.S.C. § 922(g)(1). An experienced attorney can work to challenge the evidence, negotiate amendments, or, where possible, seek dismissal. Results vary with each case.
Can a felon ever get their firearm rights back in Virginia?
Restoration of firearm rights for a convicted felon in Virginia requires a petition to the Governor for a restoration of civil rights, including the specific right to possess a firearm. Restoration of civil rights alone does not automatically restore firearm rights; separate application is needed. Once granted, the individual may seek to have the state record amended, though federal disability under 18 U.S.C. § 922(g) may still apply. The process is complex and typically benefits from attorney guidance. Mr. Sris and his Of Counsel assist clients in evaluating restoration eligibility and navigating the petition.
What should I do if I am arrested for firearm by felon in York County?
Remain silent, do not consent to any searches, and ask to speak with an attorney. Any statements made to law enforcement can be used against you. Preserve all documentation related to your prior convictions and any firearm registration. Contact a criminal defense attorney as soon as possible to begin reviewing the evidence and protecting your rights. At Law Offices Of SRIS, P.C., consultations are by appointment; call (888) 437-7747 to schedule.
How does a lawyer defend a firearm by felon charge?
Defense strategies generally focus on challenging the legality of the stop or search, disputing whether the defendant actually “possessed” the firearm as defined by Virginia law, and examining the accuracy of the prior felony record. If the underlying felony conviction is overturned or expunged, the charge may be dismissed. In other cases, the attorney works to negotiate a plea to a lesser offense that avoids the mandatory minimum. In York County, familiarity with local prosecutors and procedures can influence case outcomes. Each strategy is fact‑specific.
Will a firearm by felon conviction affect my job?
Yes, a felony firearm conviction can result in job loss and difficulty finding future employment. Many employers conduct background checks, and a felony record—especially one involving a firearm—can disqualify you from certain professions, security clearances, and occupational licenses. Additionally, a conviction may affect professional certifications. Legal representation early in the process may help achieve a resolution that minimizes the long‑term impact on your career.
How long does a firearm by felon case take in York County?
The timeline depends on court scheduling, the complexity of the evidence, and whether the case proceeds to trial or is resolved through negotiation. After arrest, an initial appearance and bond hearing occur promptly; a preliminary hearing in General District Court typically follows within a few weeks to a few months. If the case is certified to Circuit Court, trial may not occur for several additional months. Cases involving federal review may take longer. Your attorney can provide an estimate based on the current docket.
Can a firearm by felon charge be reduced or dismissed?
Yes, depending on the evidence and procedural history, a firearm by felon charge may be reduced to a lesser misdemeanor or dismissed entirely. Dismissal may occur if the search was unconstitutional or if the prior felony conviction is invalidated. Plea negotiations sometimes result in an amended charge, such as a non‑firearm weapons offense, that carries less severe penalties. Each case is unique, and outcomes vary. An experienced attorney evaluates every potential avenue for reduction or dismissal.
What happens if I am convicted in York County?
A conviction results in a felony record, possible incarceration, fines, and a permanent loss of firearm rights. Additionally, you may lose your right to vote and face restrictions on travel and employment. If the firearm was used in another crime, sentencing enhancements apply. Following conviction, you have a limited time to appeal. Your attorney can explain post‑conviction options, including appeals and sentence modifications, and help you understand the long‑term consequences.
Do I need a lawyer for a firearm by felon charge in York County?
Yes. A firearm by felon charge carries mandatory prison time and lifelong consequences; trained legal representation is critical. An attorney can identify constitutional violations in the stop or search, challenge the prior felony record, and negotiate with the Commonwealth’s Attorney from a position of knowledge. Without counsel, you risk a maximum sentence and may miss opportunities for dismissal or reduction. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
What is the difference between state and federal firearm by felon?
Virginia prosecutes firearm by felon under Va. Code § 18.2-308.2, while federal charges are brought under 18 U.S.C. § 922(g)(1) and carry up to ten years in federal prison. Federal prosecutors often take cases involving interstate activity, use in a crime of violence, or when they seek longer sentences. Federal law does not allow parole. A person can be charged in both systems for the same conduct. Mr. Sris and his Of Counsel assess every case for federal exposure and coordinate defense strategies accordingly.
Can I get bail on a firearm by felon charge in York County?
Bail is set by a magistrate after arrest and may be granted if the court finds you are not a danger to the community and are likely to appear. Because firearm by felon is a felony that may involve a mandatory sentence, the Commonwealth’s Attorney may argue that you are a flight risk. A secured bond—often requiring a bail bondsman—may be required. Your attorney can advocate for reasonable bond conditions at the initial appearance. Bond can be appealed to the York County Circuit Court.
What should I bring to my consultation?
Bring any paperwork from your arrest, including the charging document, bond papers, and any information about your prior felony conviction. Also bring copies of any firearm registration or purchase documents, witness contact information, and any communication with law enforcement. The more information you provide, the better your attorney can assess the strengths and weaknesses of the case. If you are unsure what to bring, call (888) 437-7747 and our staff will assist you.
Related pages:
James City County Criminal Lawyer ·
Williamsburg Criminal Lawyer ·
Fairfax County Criminal Lawyer
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