Firearm by Felon Lawyer Alexandria, VA
A charge of firearm possession by a convicted felon in Alexandria, Virginia, is a serious felony matter. Law Offices Of SRIS, P.C., founded in 1997, defends individuals facing these charges in the Alexandria Circuit Court and throughout Northern Virginia. Mr. Sris and his Of Counsel team bring over 120 years of combined legal experience to each case, including insight from a former prosecutor and a former Virginia State Trooper who now serve as part of the defense team. Results may vary. If you are under investigation or have been arrested for violating Va. Code § 18.2‑308.2, the stakes are high — conviction may mean incarceration and a permanent firearms disability. Reach our location at (888) 437‑7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Firearm by Felon Means in Alexandria, Virginia
Alexandria, an independent city in the Eighteenth Judicial District, prosecutes firearm‑by‑felon offenses through the Alexandria Circuit Court, located at 520 King Street, 2nd Floor, Alexandria, VA 22320. Under Virginia law, it is unlawful for any person convicted of a felony to knowingly and intentionally possess or transport a firearm. The Commonwealth’s Attorney for Alexandria prosecutes these cases, which are investigated by local police or, in some instances, federal agencies.
A charge under this statute is a Class 6 felony. The potential consequences include imprisonment, fines, and a permanent criminal record. Virginia also employs mandatory minimum prison terms when the prior felony was violent and the firearm was loaded. Because Alexandria courts take firearm offenses seriously, early intervention by experienced defense counsel is critical. The process begins with an initial appearance and bond determination, proceeds through preliminary hearings in the General District Court if the case originated there, and concludes with trial or resolution in the Circuit Court, where a defendant has an absolute right to a jury trial.
A conviction for firearm possession by a convicted felon under Va. Code § 18.2‑308.2 is a Class 6 felony, punishable by one to five years in prison, or up to twelve months in jail at the discretion of the jury. When the prior felony was a violent offense as defined in Va. Code § 17.1‑805 and committed within ten years, a two‑year mandatory minimum sentence applies; if the firearm was loaded, the mandatory minimum rises to five years.
Source: Va. Code § 18.2‑308.2
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases
When our firm takes on a firearm‑by‑felon matter in Alexandria, the first step is a thorough review of the arrest and the prior conviction. The defense may challenge whether the state can prove the defendant actually possessed the weapon, knew it was present, or that the predicate felony qualifies under the statute. A significant advantage for our clients is the presence on the team of an Of Counsel who served for 15 years as a Virginia State Trooper before becoming a defense attorney. That background provides a working knowledge of how law enforcement officers conduct investigations, execute searches, and preserve evidence — allowing the defense to identify procedural weaknesses that a purely legal‑trained advocate might overlook.
Depending on the facts, the Commonwealth may be open to an amendment to a lesser offense that does not carry a firearms disability, particularly if the evidence of possession is circumstantial or the predicate felony is old. Where dismissal is not realistic, the firm works to present mitigating circumstances at sentencing — employment history, family responsibilities, and steps toward rehabilitation — to seek a sentence at the lower end of the statutory range or with a suspended portion. All while ensuring the client understands the timeline, which varies with the court’s calendar and the complexity of the case.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced criminal defense since 1997 and is a former prosecutor. 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 Mr. Sris, the firm’s Of Counsel contribute decades of focused criminal‑defense experience. One member of the team is a former Virginia State Trooper who now applies his law‑enforcement perspective to defense strategy. Another Of Counsel is a former Maryland Assistant State’s Attorney who brings prosecutorial insight. Together, Mr. Sris and his Of Counsel have documented over 4,739 case results since 1997. Results may vary.
Frequently Asked Questions
What is the penalty for firearm by felon in Alexandria, Virginia?
A conviction for firearm possession by a convicted felon under Va. Code § 18.2‑308.2 is a Class 6 felony carrying one to five years imprisonment, with mandatory minimums in certain cases. If the underlying felony was a violent offense and occurred within ten years, a two‑year mandatory minimum applies; if the firearm was loaded, the mandatory minimum is five years. The judge also has the discretion to impose a jail term of up to twelve months instead of a state prison sentence. Beyond incarceration, a conviction creates a lifetime federal firearms prohibition under the Lautenberg Amendment. Because these penalties are severe, having an experienced Alexandria defense attorney is essential.
How does a lawyer defend against firearm by felon charges in Alexandria?
Defense strategies center on challenging the elements of possession, the validity of the predicate felony, and the lawfulness of the police investigation. An attorney may argue that the defendant did not knowingly possess the firearm — for example, if it belonged to another person in the vehicle or home and the defendant was unaware. The defense may also examine whether the search that yielded the weapon complied with Fourth Amendment protections. Additionally, if the prior felony conviction does not meet the statutory definition or can be challenged on constitutional grounds, that may defeat the charge. Each defense is tailored to the specific facts of the case.
Do I need a lawyer for a firearm by felon charge in Alexandria?
Yes, confronting a firearm‑by‑felon charge without a lawyer is extremely risky. Even an unrepresented defendant who believes the evidence is weak can miss critical procedural deadlines, fail to suppress unlawfully obtained evidence, or make statements that harm later defense efforts. The Alexandria Commonwealth’s Attorney pursues these cases actively, and a felony conviction carries consequences far beyond jail time — loss of firearm rights, voting restrictions, and significant employment barriers. Early legal representation can influence bond conditions, plea negotiations, and the ultimate outcome.
Can a firearm by felon charge be reduced or dismissed in Alexandria?
Reduction or dismissal is possible when the prosecution cannot prove every element of the offense or when constitutional violations undermine the case. For instance, if the police lacked probable cause for the stop or search that uncovered the weapon, a motion to suppress may result in dismissal. If the prior felony is not a qualifying conviction, the charge may be withdrawn. In some situations, the Commonwealth may agree to amend the charge to a misdemeanor that does not carry a firearm disability, but this depends heavily on the specific facts and the defendant’s criminal history. An experienced attorney can assess the viability of these options.
What should I do if I am facing a firearm by felon charge in Alexandria?
Remain silent, do not discuss the case with anyone except your lawyer, and contact a qualified Alexandria criminal defense attorney immediately. Preserve any documents or messages that might be relevant. Do not consent to any searches or answer police questions without counsel present. The timeline is unforgiving — your first court appearance will be scheduled quickly, and missing it can result in a bench warrant. By reaching out to our firm early, you allow us to begin investigating the circumstances of your arrest and building a defense strategy before the court date.
Related practice areas: Fairfax County criminal defense · Fairfax City criminal defense · Falls Church criminal defense · Prince William County criminal defense · Manassas criminal defense
Primary sources: Virginia Code Title 18.2 · Virginia Courts · Alexandria Circuit Court
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.
