Firearm by Felon Lawyer Arlington County

Statutory Definition of a Felon in Possession Charge

Virginia treats firearm possession by a felon as a serious violent crime. The charge is not about using the weapon. Mere possession is enough for a conviction. The prosecution must prove you are a convicted felon. They must also prove you knowingly possessed a firearm. Knowledge is a key element of the charge. Your Arlington County defense lawyer will attack both points.

Other related statutes can increase penalties. Virginia Code § 18.2-308.2(C) addresses possession after a violent felony conviction. This carries a mandatory minimum sentence. The law has no exceptions for felons who have had their rights restored. A pardon is the only potential relief. Understanding these statutes is the first step in building a defense.

What is the mandatory minimum sentence for this charge?

A conviction under Code § 18.2-308.2 carries a mandatory minimum of two years in prison. This applies if the prior felony was not a violent offense. The judge has no discretion to suspend this time. It is a mandatory active incarceration period. This makes early defense intervention essential.

Does the law apply to antique firearms or replicas?

Virginia law defines a firearm broadly. The definition includes any weapon designed to expel a projectile. Antique firearms may be excluded under federal law. Virginia state law does not have a clear antique exception for felons. Prosecutors in Arlington County will likely charge possession of any functional firearm. Your attorney must examine the specific device.

What if the firearm was not on my person?

Constructive possession is sufficient for a charge. The prosecution can argue you had dominion and control over the weapon. This applies if the gun was in your home or vehicle. They must prove you knew of its presence and its nature. An experienced lawyer will challenge the evidence of knowledge and control.

The Insider Procedural Edge in Arlington County

Your case will be heard in the Arlington County Circuit Court located at 1425 N. Courthouse Road, Arlington, VA 22201. This court handles all felony matters. The Arlington County Commonwealth’s Attorney’s Location prosecutes these cases aggressively. They have a dedicated firearms prosecution unit. You need a lawyer who knows their tactics.

The procedural timeline moves quickly after an arrest. A preliminary hearing may be held in General District Court. The case is then certified to the Circuit Court for trial. Filing fees and court costs apply at each stage. Missing a deadline can forfeit critical rights. Your attorney manages all filings and appearances.

Local judges in Arlington are familiar with these cases. They see them frequently. The court docket is often crowded. This can create pressure for quick resolutions. Having a firm that prepares thoroughly is a major advantage. SRIS, P.C. knows how to handle this specific courthouse.

How long does a typical case take from arrest to resolution?

A felony firearm case can take nine months to over a year. The discovery process is lengthy. Motions to suppress evidence can cause delays. Most cases resolve before a trial date. A skilled lawyer uses this time to build the strongest possible defense. Rushing the process rarely benefits the defendant.

What are the court costs and filing fees in Arlington?

Filing fees for felony cases are set by Virginia statute. Costs can exceed several hundred dollars. These are separate from any fines imposed upon conviction. The court may also impose costs for court-appointed counsel if applicable. Your attorney can provide a specific estimate based on your case.

Can the case be reduced to a misdemeanor in Arlington County?

Prosecutors rarely reduce a § 18.2-308.2 charge to a misdemeanor. The charge is a felony by statute. A plea agreement may involve a reduced sentence recommendation. It will not typically change the felony classification. An outright dismissal is the best outcome, which requires aggressive defense work.

Penalties & Defense Strategies for a Firearm Charge

The most common penalty range is two to five years of active incarceration. Judges in Arlington County follow the state sentencing guidelines. These guidelines consider your criminal history. A prior violent felony will increase the recommended sentence. The mandatory minimum is a floor, not a ceiling.

[Insider Insight] Arlington prosecutors prioritize firearm cases. They seek maximum penalties to deter crime. They rarely offer favorable plea deals without a fight. Your defense must be ready to challenge search legality and witness credibility from day one.

Effective defense strategies focus on suppression of evidence. Was the search of your person, car, or home legal? Did the police have probable cause? If the gun is suppressed, the case often collapses. Another strategy attacks the “knowing” element. Did you know the firearm was present? Was it truly in your possession? We examine every detail.

Will I lose my right to vote permanently?

A felony conviction in Virginia results in loss of civil rights. This includes the right to vote, serve on a jury, and hold public Location. You can apply for rights restoration from the Governor after completing your sentence. The process is not automatic. A skilled attorney can advise on this process during your case.

What is the difference between a first and repeat offense?

A first offense under § 18.2-308.2 carries the two-year mandatory minimum. A repeat offense for the same charge is still a Class 6 felony. However, the sentencing guidelines will recommend a much longer sentence. The judge will consider your prior record. The prosecutor will argue for a harsher penalty.

Can I get probation instead of prison time?

Probation is not an option for the mandatory minimum portion of the sentence. For a standard charge, the two-year minimum must be served actively. Any sentence beyond the mandatory minimum may be suspended. The judge could impose probation for the suspended portion. This is a complex area requiring experienced legal argument.

Why Hire SRIS, P.C. for Your Arlington County Firearm Charge

Our lead attorney for firearm cases is a former prosecutor with direct experience in Virginia courts. This background provides critical insight into how the other side builds its case. We know the tactics used by Arlington County prosecutors. We use that knowledge to anticipate and counter their moves.

SRIS, P.C. prepares every case for trial. We do not assume a plea deal is the best path. We conduct independent investigations. We hire experienced witnesses when necessary. We file aggressive pre-trial motions. This level of preparation often leads to better outcomes, whether at trial or in negotiations. Our firm is built for this kind of fight.

We have a Location serving Arlington County and Northern Virginia. Our team is accessible and responsive. When you hire us, you get a dedicated defense team. We explain the process clearly at every step. We fight to protect your freedom and your future. You need a firm with depth and determination.

Localized FAQs for a Felon with Firearm Charge in Arlington County

What should I do if I am arrested for a firearm charge in Arlington?

How can a lawyer help if the police found a gun in my car?

What are the long-term consequences of a felony firearm conviction?

Can I be charged if the firearm belonged to someone else in my house?

Does SRIS, P.C. handle appeals for firearm convictions?

Proximity, CTA & Disclaimer

Past results do not predict future outcomes.