Firearm by Felon Lawyer Fairfax County

Statutory Definition of a Firearm by Felon Charge

This charge is separate from any other offense like using a firearm in a felony. It stands alone based solely on your status as a felon and the act of possession. The definition of a firearm under Virginia law is broad. It includes any weapon designed to expel a projectile by action of an explosion. This covers pistols, revolvers, shotguns, and rifles. Even starter pistols or guns with broken firing pins may be included. The law’s intent is to keep firearms away from those deemed dangerous due to past convictions.

Fairfax County prosecutors apply this statute aggressively. They often seek the maximum penalties allowed. Your prior felony conviction is the cornerstone of the Commonwealth’s case. They will enter the final order from your prior case as evidence. The charge does not require the firearm to be used in a crime. Mere possession is enough for a conviction. This makes the legal defenses highly technical and fact-specific.

What is the mandatory minimum sentence for this charge?

A conviction under § 18.2-308.2 carries a mandatory minimum sentence of two years in prison. This mandatory time is not eligible for suspension or probation in most cases. The judge has no discretion to waive this minimum if you are found guilty. This applies to all convicted felons, regardless of the nature of the prior felony. The two-year minimum is also to any other sentences for related charges.

Does the type of prior felony matter for this charge?

The specific type of your prior felony conviction matters for sentencing enhancements. A prior conviction for a violent felony under Virginia law triggers a mandatory five-year minimum. This is per Virginia Code § 18.2-308.2. Non-violent prior felonies still carry the two-year mandatory minimum. The prosecution will pull your entire criminal history to make this determination. The classification of your old crime is critical to your exposure.

What constitutes “possession” of a firearm?

Possession means having physical control or the power to control the firearm. Constructive possession is when the gun is found in a place you control, like your car or home. The Commonwealth must prove you knew the firearm was present and you had dominion over it. Proximity alone is not always enough for a conviction. Defense strategies often focus on breaking the link between you and the weapon. Learn more about Virginia legal services.

The Insider Procedural Edge in Fairfax County

Your case will be heard in the Fairfax County Circuit Court located at 4110 Chain Bridge Road, Fairfax, VA 22030. This court handles all felony firearm charges for the county. The procedural timeline moves quickly after an arrest or indictment. An indictment from a grand jury is typically the starting point for a felony case. You will have an arraignment where you enter a plea, followed by pre-trial motions and a trial date.

Filing fees and court costs are set by the state and apply in Fairfax County. The initial filing fee for a felony case is currently $78. Additional fees for motions, jury costs, and sentencing can add hundreds more. The court expects strict adherence to filing deadlines. Motion to suppress hearings are common in these cases to challenge the legality of the search or seizure. Fairfax judges have heavy dockets and expect lawyers to be prepared and concise.

Local procedural rules in Fairfax County require specific formatting for all motions. Failure to comply can result in your motion being struck from the record. The Commonwealth’s Attorney’s Location for Fairfax County is a large, well-resourced prosecution team. They are experienced in firearm cases and have direct lines to law enforcement. Knowing the individual tendencies of each judge and prosecutor is a key advantage. Early engagement with the prosecution to discuss evidence is a standard part of the process here.

What is the typical timeline for a felony firearm case?

A felony firearm case in Fairfax County can take nine months to over a year to resolve. The Speedy Trial Act requires a trial within five months of a preliminary hearing if you are held in jail. If you are out on bond, the court has more leeway with scheduling. Pre-trial motions, especially complex suppression motions, can add significant time. The court’s crowded calendar is the primary factor in delays.

Where are bond hearings held for these charges?

Initial bond hearings are held at the Fairfax County Adult Detention Center. A magistrate makes the initial bond decision shortly after arrest. A bond review hearing can later be scheduled in the Fairfax County General District Court. For indicted felonies, the Circuit Court judge ultimately sets the final bond conditions. Securing release is harder for firearm charges due to perceived public safety risks. Learn more about criminal defense representation.

Penalties & Defense Strategies

The most common penalty range for a first-time offense is two to five years in the penitentiary. This is the mandatory minimum plus the discretionary range up to the statutory maximum. The judge has limited ability to suspend any portion of the mandatory two years. Fines can be up to $2,500 for a Class 6 felony. The court will also impose a period of supervised probation upon release.

[Insider Insight] Fairfax County prosecutors almost never offer to drop the mandatory minimum time in plea negotiations. Their standard offer is for you to plead guilty and serve the mandatory two or five years. They will, however, negotiate on the amount of time above the mandatory minimum. The strength of the suppression motion often dictates their flexibility. They are less likely to offer favorable deals if the firearm was found in a vehicle or near drugs.

Defense strategies must attack the Commonwealth’s case element by element. A common defense is challenging the legality of the search that found the firearm. If the police lacked probable cause or a valid warrant, the evidence can be suppressed. Another defense is arguing a lack of knowledge or constructive possession. You may not have known the firearm was in the car or house. We also examine whether your prior conviction qualifies under the statute. Some out-of-state convictions may not be proper predicates.

Can I get probation instead of prison time?

Probation is not an option for the mandatory minimum portion of your sentence. The judge must impose active incarceration for at least two or five years. The court can suspend any portion of the sentence that exceeds the mandatory minimum. This suspended time would then be served under supervised probation. Your conduct in jail and the nature of the offense influence this decision.

Will I lose my right to vote for this conviction?

A felony conviction in Virginia results in the loss of your civil rights, including voting. You must apply to the Governor for restoration of your rights after completing your sentence. This process is not automatic and can take considerable time. A firearms conviction makes restoration more difficult than other non-violent felonies. You should plan for a long-term impact on your civic participation. Learn more about DUI defense services.

Why Hire SRIS, P.C.

Our lead attorney for firearm cases in Fairfax County is a former law enforcement officer with direct insight into police procedures. This background provides a critical edge in dissecting the Commonwealth’s evidence and building a defense. We know how police reports are written and where weaknesses can be found. We apply this knowledge to challenge searches, seizures, and interrogations in your case.

SRIS, P.C. has a Location in Fairfax to serve clients facing these serious charges. Our attorneys are in the Fairfax courthouse regularly, which fosters familiarity with judges and clerks. We prepare every case as if it is going to trial. This preparation forces the prosecution to evaluate their evidence critically. We do not rely on hope; we build a factual and legal defense from day one. Our approach is direct and focused on the single goal of protecting your freedom.

Localized FAQs for Fairfax County

What should I do if I am arrested for a firearm charge as a felon in Fairfax?

How long does the Commonwealth have to file charges after an arrest?

Can a felon ever legally possess a firearm in Virginia?

What is the difference between state and federal charges for this crime?

Will I serve my time in a Fairfax County jail?

Proximity, CTA & Disclaimer

Past results do not predict future outcomes.