Firearm by Felon Lawyer Fauquier County
If you are a felon charged with a firearm offense in Fauquier County, you face a mandatory minimum prison sentence. A Firearm by Felon Lawyer Fauquier County from Law Offices Of SRIS, P.C. —Advocacy Without Borders. can challenge the evidence and your prior conviction’s validity. SRIS, P.C. defends prohibited persons in the Fauquier County General District and Circuit Courts. (Confirmed by SRIS, P.C.)
Statutory Definition of a Felon in Possession Charge
Virginia Code § 18.2-308.2 defines the crime of possession of a firearm by a convicted felon. This statute makes it a Class 6 felony for any person convicted of a felony to knowingly possess any firearm. The law applies to any firearm, not just handguns. It also covers ammunition. The prohibition is lifelong unless your civil rights are restored by the Governor. A conviction carries a mandatory minimum sentence. This is a separate charge from other weapons offenses.
Va. Code § 18.2-308.2 — Class 6 Felony — Mandatory Minimum 2-Year Prison Sentence. The core statute prohibits any person convicted of a felony from possessing any firearm. A first offense is a Class 6 felony, punishable by one to five years in prison. However, the law imposes a mandatory minimum term of two years of incarceration. This mandatory minimum is not eligible for suspension. The court cannot probate or suspend that two-year period. For a second or subsequent conviction, the offense becomes a Class 5 felony. A Class 5 felony carries a potential sentence of up to ten years. The mandatory minimum then increases to five years in prison. The law is strict liability concerning the firearm’s operability. The firearm does not need to be loaded or functional to violate the statute. The prosecution must prove you were previously convicted of a felony. They must also prove you knowingly possessed a firearm. Possession can be actual or constructive. Constructive possession means you had dominion and control over the firearm.
What is the mandatory minimum sentence for this charge?
The mandatory minimum prison sentence is two years for a first offense. Virginia law requires this time be served. Judges in Fauquier County cannot suspend this mandatory term. This applies even for non-violent prior felonies. The sentence is also to any penalty for the underlying felony.
Does the type of prior felony conviction matter?
The specific nature of your prior felony conviction matters for sentencing. All felonies trigger the prohibition under § 18.2-308.2. However, a prior violent felony may influence a prosecutor’s plea offer. It also impacts the judge’s view at sentencing for any discretionary time. A non-violent felony from years ago is still a qualifying conviction. The statute does not distinguish between violent and non-violent felonies for the charge itself.
Can a restored civil right be a defense?
Having your civil rights restored by the Governor is a complete defense. This restoration must be full and unconditional. A pardon specifically for firearm rights is required. A general restoration of voting rights is not enough. Your lawyer must obtain and present the official restoration order. This defense is absolute if properly documented.
The Insider Procedural Edge in Fauquier County
Your case begins at the Fauquier County General District Court located at 40 Culpeper Street, Warrenton, VA 20186. All felony charges start with a preliminary hearing in General District Court. The judge determines if there is probable cause to certify the charge to the grand jury. If certified, the case proceeds to Fauquier County Circuit Court for indictment and trial. The filing fee for an appeal from General District to Circuit Court is currently $86. Procedural specifics for Fauquier County are reviewed during a Consultation by appointment at our Fauquier County Location.
What court hears felon with firearm cases in Fauquier County?
The Fauquier County Circuit Court is the trial court for all felony charges. The address is 65 Culpeper Street, Warrenton, VA 20186. The General District Court holds the preliminary hearing. The Circuit Court handles arraignments, motions, and jury trials. All felony dispositions require Circuit Court action.
What is the timeline from arrest to trial?
The timeline from arrest to trial can span several months. You have a right to a preliminary hearing within a reasonable time. The Circuit Court must try a felony case within five months of indictment. Motions to suppress evidence can delay this timeline. Your attorney can use procedural rules to prepare a thorough defense. Rushing to trial is rarely advantageous.
How much are court costs and fines?
Court costs and fines are also to any prison sentence. Fines for a Class 6 felony can be up to $2,500. Mandatory court costs add several hundred dollars. The court may also impose costs for appointed counsel if applicable. Restitution is not typical unless the firearm was stolen. The financial penalties are substantial.
Penalties & Defense Strategies for a Prohibited Person
The most common penalty range is two to five years in a Virginia prison. The mandatory minimum dictates the floor of any sentence. Judges have discretion above the two-year minimum. The table below outlines the statutory penalties.
| Offense | Penalty | Notes |
|---|---|---|
| First Offense (Class 6 Felony) | 2-5 years incarceration, up to $2,500 fine | 2-year mandatory minimum is non-suspendable. |
| Second/Subsequent Offense (Class 5 Felony) | 5-10 years incarceration, up to $2,500 fine | 5-year mandatory minimum is non-suspendable. |
| Possession of Firearm & Ammunition | Separate charges possible | Can be charged concurrently under same statute. |
| Possession of Sawed-Off Shotgun | Class 4 Felony | Mandatory minimum of 5 years under § 18.2-300. |
[Insider Insight] Fauquier County prosecutors typically seek the mandatory minimum on a first offense. They may seek higher sentences if the prior felony was violent or recent. They aggressively argue against bond for defendants with violent histories. Knowledge of local sentencing trends is critical for negotiation.
What are the best defenses for a felon with firearm charge?
The best defenses challenge the “possession” element or the validity of the prior conviction. You can argue you did not know the firearm was present or that it was not yours. Your lawyer can file a motion to suppress the gun if it was found through an illegal search. We can examine whether your prior felony conviction was properly documented. A constitutional challenge to the prior conviction may be possible. These defenses require precise legal work.
Will I go to prison if convicted?
Yes, a conviction requires a prison sentence of at least two years. The judge has no legal authority to suspend that mandatory time. You will serve time in a Virginia Department of Corrections facility. Good behavior may reduce the time served. Parole is not available for crimes committed after 1995. Preparing for this reality is part of our defense strategy.
How does this charge affect probation or parole?
A new firearm charge will violate any existing probation or parole. You will face a revocation hearing. The court will likely impose the suspended sentence from your prior case. You will then serve the new mandatory sentence consecutively. This results in a much longer total period of incarceration. Avoiding a conviction is the only way to prevent this outcome.
Why Hire SRIS, P.C. for Your Fauquier County Defense
Our lead attorney for serious felony defenses is a former law enforcement officer with direct trial experience. This background provides insight into how police build these cases. We know the procedures for evidence collection and chain of custody. We understand the tactics used during interrogations. This perspective is invaluable when challenging the Commonwealth’s evidence. We file aggressive pre-trial motions to suppress illegal evidence.
Attorney Background: Our attorneys have defended numerous prohibited persons in Virginia courts. We have a deep understanding of Virginia’s firearm laws and sentencing statutes. We prepare every case for trial, which strengthens our negotiation position. We have a Location to serve clients in Fauquier County. We provide criminal defense representation across the state.
What is your experience with Fauquier County judges?
We are familiar with the judiciary in both the Fauquier General District and Circuit Courts. We understand the procedural preferences of each court. We know how local judges typically rule on evidentiary motions. This familiarity allows us to set realistic expectations for your case. We tailor our advocacy to the specific courtroom.
Do you have a proven record with gun charges?
SRIS, P.C. has achieved favorable results in numerous firearm possession cases. Results include motions to suppress evidence leading to dismissed charges. We have negotiated reductions in charges where the evidence was strong. Every case is unique, and we fight for the best possible outcome. You can review our experienced legal team for more information.
Localized FAQs for a Firearm by Felon Charge in Fauquier County
What should I do if I am arrested for this in Fauquier County?
Remain silent and request a lawyer immediately. Do not discuss the case or your prior record with anyone. Contact SRIS, P.C. as soon as possible to begin building your defense. We will arrange a Consultation by appointment.
Can I get bond on a felon with firearm charge?
Bond is possible but not assured. The court considers your prior record and ties to the community. Fauquier County prosecutors often argue for high bonds or no bond. We advocate for reasonable bond conditions at your hearing.
How long does a prohibited person gun charge case take?
A case can take six months to over a year to resolve. The timeline depends on court scheduling and case complexity. Motions and negotiations extend the process. We work efficiently but will not rush your defense.
What is the difference between actual and constructive possession?
Actual possession means the firearm was on your person. Constructive possession means you had control over the area where the gun was found. The prosecution often uses constructive possession theories in car or home cases. We challenge these theories aggressively.
Will I lose my driver’s license if convicted?
A conviction for a firearm felony does not trigger an automatic license suspension. However, if you are incarcerated, you cannot drive. The DMV does not administratively revoke licenses for this specific conviction.
Proximity, CTA & Disclaimer
Our Fauquier County Location serves clients throughout the region. We are accessible for meetings to discuss your prohibited person gun charge lawyer Fauquier County needs. Consultation by appointment. Call 703-636-5417. 24/7. Our legal team is ready to defend you in the Fauquier County courts. Do not face this serious charge without experienced DUI defense in Virginia counsel for related charges or Virginia family law attorneys for collateral issues.
Past results do not predict future outcomes.