Firearm by Felon Lawyer Falls Church, VA

A knock at the door. Law enforcement officers asking questions. Before you know it, you are facing allegations of possessing a firearm as a convicted felon. In Falls Church, Virginia, such charges carry serious consequences. Law Offices Of SRIS, P.C. defends individuals accused of firearm possession by a felon in Falls Church and throughout Northern Virginia. If you have been charged, call (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Your Options When Charged with Firearm by Felon

When you face a firearm-by-felon charge, the first step is to understand the legal landscape. In Virginia, the prosecution must prove beyond a reasonable doubt that you were a convicted felon at the time of the alleged possession and that you knowingly and intentionally possessed or transported a firearm. A thorough defense examines every element.

Our attorneys evaluate the circumstances of your arrest, the search and seizure that uncovered the firearm, and the specifics of your prior conviction. Procedural errors—such as an invalid warrant, an unlawful stop, or a failure to properly advise you of your rights—can lead to the suppression of evidence. In some cases, the firearm itself may not have been actually in your constructive possession. We also explore whether any statutory exceptions apply, such as an antique firearm or a temporary transfer under Virginia law.

Negotiation with the Commonwealth’s Attorney is another avenue. Plea agreements are permitted in Virginia courts under Rule 3A:8 of the Rules of the Supreme Court of Virginia. Through negotiation, we may seek an amendment to a lesser offense, a reduction in sentencing exposure, or placement in a first-offender program where appropriate.

What to Expect in Falls Church Court

Criminal charges in Falls Church begin in the General District Court at 300 Park Avenue, Suite 151W. A preliminary hearing will be held for a felony charge; the court will determine whether probable cause exists to send the case to the Circuit Court for trial. You have an absolute right to a jury trial in Circuit Court for any offense carrying potential jail time.

At the initial appearance, a magistrate will set bond. Personal recognizance is common for first-offense misdemeanors, but for felonies, the magistrate typically sets a secured bond. Bond decisions can be appealed to the General District Court. Throughout the process, having an experienced attorney is critical. Your lawyer can argue for a reasonable bond, challenge the evidence at preliminary hearing, and prepare for trial in the Circuit Court.

Pretrial motions, discovery, and plea discussions are all part of the process. The Falls Church Commonwealth’s Attorney prosecutes these cases actively. Our defense team appears regularly in Falls Church courts and understands how the local judges evaluate evidence and sentencing factors.

Penalties for Firearm by Felon in Virginia

A conviction under Va. Code § 18.2-308.2 carries life-altering penalties. The offense is classified as a Class 6 felony, meaning the judge or jury has substantial discretion in sentencing. Beyond incarceration, a conviction permanently prohibits you from possessing firearms under both state and federal law. It can also affect employment, professional licensing, and immigration status.

Separately, federal law (18 U.S.C. § 922(g)) also makes it a crime for a felon to possess a firearm, and federal prosecutors often bring charges when the alleged conduct crosses state lines or occurs on federal property. A federal conviction can result in even longer sentences and no parole. Results may vary.

About Your Defense Team

Law Offices Of SRIS, P.C., founded in 1997, concentrates its practice on criminal defense across Virginia. Mr. Sris, Owner and Founder of the firm, is a former prosecutor who has handled criminal cases at every level of Virginia’s court system. He brings over two decades of courtroom experience and firsthand insight into how the Commonwealth builds and prosecutes cases.

Our Of Counsel team includes attorneys with backgrounds uniquely suited to firearm-by-felon defense. One of our attorneys is a former Virginia State Trooper with 15 years of law enforcement service. His thorough knowledge of police procedures, investigative techniques, and traffic-stop protocols is invaluable when challenging the searches that often lead to firearm discoveries. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience to every case, and this experience has contributed to over 4,739 documented firm-wide results. Results may vary.

We serve Falls Church from our Fairfax Location at 4008 Williamsburg Court, Fairfax, VA 22032. Consultations are by appointment. Call (888) 437-7747 to schedule yours.

Frequently Asked Questions

What is the penalty for firearm possession by a convicted felon in Virginia?

Possession of a firearm by a convicted felon in Virginia is a Class 6 felony, carrying up to 5 years imprisonment. The sentence can range from 1 to 5 years in prison, or, at the jury’s discretion, up to 12 months in jail. Mandatory minimum sentences of 2 or 5 years apply if the prior offense was a violent felony. The court also imposes fines, probation, and loss of firearm rights.

How does an attorney defend against a firearm by felon charge in Falls Church?

Defense strategies center on challenging the legality of the search, proving lack of knowledge or control, or negotiating a favorable resolution. We scrutinize every step of the police encounter. If the evidence is suppressed, the case may be dismissed. We can also argue that you did not possess the firearm—constructive possession requires awareness of the object and dominion and control over it.

What should I do if I am accused of firearm by a felon?

Contact a criminal defense attorney immediately and do not discuss the case with law enforcement. Anything you say can be used against you. Preserve any evidence that might help your defense, such as witness names or video footage. Early legal counsel can help you avoid missteps and begin building your defense.

Can a firearm by felon charge be dropped or reduced?

Yes, under certain circumstances the charge can be dismissed, reduced, or amended. If the evidence is insufficient, the prosecutor may move to nolle prosequi or dismiss. Where the facts are strong, an amendment to a non-felony charge—such as carrying a concealed weapon—may be possible under a plea agreement. Every case is fact-specific.

Do I need a lawyer for a firearm by felon charge in Falls Church?

Yes; a felony conviction has lifelong consequences, and skilled representation is essential. A lawyer familiar with Falls Church courts can challenge the government’s evidence, advocate for pretrial release, and protect your rights at every stage. The stakes include years of incarceration and permanent loss of firearm rights. For guidance, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

What happens after a conviction for firearm by felon?

Beyond incarceration, a felony conviction means the permanent loss of your right to possess firearms under state and federal law. You may also face difficulty securing employment, housing, and professional licenses. In many cases, you are barred from voting until your civil rights are restored. Early intervention by a defense lawyer can make a material difference in the final outcome.

Last reviewed: June 2026

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. Attorney responsible for this advertising: Mr. Sris.