Firearm by Felon Lawyer Manassas, VA
If you are facing a firearm-by-felon charge in Manassas, Virginia, the stakes are high. A conviction under Va. Code § 18.2‑308.2 for possessing or transporting a firearm as a convicted felon is a Class 6 felony. Mandatory minimums apply: two years if the underlying felony was a violent felony within the last ten years, and up to five years if the firearm was loaded. Beyond the criminal penalties, a conviction permanently affects firearm rights, employment, and housing. You need an experienced defense team that knows the Manassas court system and the nuances of firearm prosecutions. Law Offices Of SRIS, P.C., founded in 1997, represents individuals charged with firearm-by-felon offenses in Manassas General District Court and Manassas Circuit Court. Our Fairfax location serves clients in the Manassas area—call (888) 437‑7747 or (703) 636‑5417 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Firearm by Felon Means in Manassas, Virginia
Manassas is an independent city, but it shares the same courthouse as Prince William County at 9311 Lee Avenue, Suite 230, Manassas, VA 20110. Misdemeanor cases and felony preliminary hearings are heard in Manassas General District Court; felony trials go to Manassas Circuit Court. The Commonwealth’s Attorney for Manassas prosecutes all felony charges, including firearm-by-felon cases. The court operates within the Thirty‑first Judicial District, and the process moves at a pace set by the court’s calendar and the complexity of the matter.
Under Va. Code § 18.2‑308.2, it is unlawful for anyone convicted of a felony to knowingly and intentionally possess or transport a firearm, regardless of where the firearm was acquired or how it was used. This is a Class 6 felony, punishable by one to five years in prison—or, at the jury’s discretion, up to twelve months in jail—plus fines. The statute also imposes enhanced mandatory minimum terms when the predicate felony was a violent felony (as defined in § 17.1‑805). Law Offices Of SRIS, P.C. understands that each firearm case presents its own factual and legal challenges, and we work to identify every available defense.
How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases
When you work with our firm on a firearm-by-felon charge, the first step is a thorough review of the circumstances that led to the arrest. Mr. Sris and his Of Counsel analyze how the firearm was discovered—whether through a traffic stop, a search of a residence, or a witness statement. If law enforcement violated your Fourth Amendment rights during a search or seizure, the evidence may be challenged. We also examine whether the Commonwealth can prove that you “knowingly and intentionally” possessed the firearm and that you were, in fact, a convicted felon at the time.
Our defense approach keeps the prosecutor’s burden front and center. The Commonwealth must prove every element beyond a reasonable doubt. We explore whether the charge can be reduced or dismissed through negotiations with the Commonwealth’s Attorney. In Manassas Circuit Court, you have an absolute right to a jury trial for any offense carrying potential jail time, and we prepare every case as though it will go to trial, even as we pursue favorable pretrial outcomes. Throughout the process, we keep you informed and involved in strategic decisions. Because the timeline varies by case, we work efficiently while never sacrificing thoroughness.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced in Virginia, Maryland, the District of Columbia, New Jersey, and New York since 1997. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and his Of Counsel bring over 120 years of combined legal experience. Results may vary.
The Of Counsel team includes a former Virginia State Trooper with deep familiarity with firearm‑related investigations and the procedures law enforcement must follow. That inside perspective helps us identify weaknesses in the Commonwealth’s case. Mr. Sris and his Of Counsel have documented over 4,739 case results across all practice areas since 1997, including matters in Manassas General District Court and Circuit Court. Results may vary.
Frequently Asked Questions
What is the penalty for firearm by felon in Virginia?
A conviction for firearm by felon under Va. Code § 18.2‑308.2 is a Class 6 felony, carrying a sentence of one to five years in prison and a mandatory minimum of two years if the predicate felony was a violent felony within the prior ten years. If the firearm was loaded, the mandatory minimum increases to five years. In addition to incarceration, a conviction results in a permanent loss of firearm rights, fines, and a felony record that affects employment, housing, and professional licenses. The Manassas Circuit Court imposes sentence after a jury verdict or guilty plea, but the judge has discretion within the statutory framework.
How does a lawyer defend against firearm by felon charges in Manassas?
Defense strategies focus on challenging whether the prosecution can prove each element of the offense, particularly whether the accused knowingly possessed a firearm and whether the prior felony conviction qualifies under the statute. We examine the legality of the search that produced the firearm; if the stop or search was unconstitutional, the evidence may be suppressed. We also scrutinize witness credibility and whether the item recovered meets the legal definition of a firearm. In some cases, we may negotiate with the Commonwealth’s Attorney for a reduction of charges or a deferred disposition where eligible.
Can a felon’s firearm rights be restored in Virginia?
Restoration of firearm rights in Virginia requires a petition to the Governor for restoration of civil rights, which includes the right to possess a firearm. While Virginia law allows individuals to petition for restoration, the process is discretionary and considers the nature of the original offense, the time since completion of the sentence, and the individual’s post‑conviction conduct. Certain federal prohibitions under 18 U.S.C. § 922(g) may continue to apply even after state rights are restored. It is essential to consult with counsel before attempting to possess a firearm after a felony conviction.
What should I do if I am facing firearm by felon charges in Manassas?
Contact an experienced criminal defense attorney immediately and do not discuss the case with anyone else. Preserve any physical evidence and documents related to the incident. You have the right to remain silent; exercise it. A lawyer can help you understand the charges, the potential penalties, and the trusted course of action. Prompt legal representation is critical for protecting your rights and building a defense while evidence is fresh and witnesses are available. Law Offices Of SRIS, P.C. offers consultations by appointment at (888) 437‑7747.
Does a firearm by felon charge stay on my record permanently?
A conviction for firearm by felon is a felony and remains on your criminal record permanently under Virginia law, with limited exceptions for expungement. Virginia does not allow expungement of most convictions, including felonies. However, if charges are dismissed, you are acquitted, or a nolle prosequi is entered, you may petition for expungement under Va. Code § 19.2‑392.2. The petition is filed in Manassas Circuit Court. A successful defense that avoids a conviction is the trusted way to protect your record.
How does the Manassas court handle felony firearm cases?
Felony firearm cases begin with a preliminary hearing in Manassas General District Court to determine probable cause; if found, the case is certified to Manassas Circuit Court for trial. In Circuit Court, the case may be resolved by plea agreement or jury trial. The Commonwealth’s Attorney for Manassas prosecutes all felony charges. The court schedules hearings on its calendar, and timelines vary based on caseload and complexity. Mr. Sris and his Of Counsel are familiar with the procedures and work within the local court system to pursue favorable outcomes for clients. Results may vary.
Fairfax County criminal defense ·
Prince William County criminal defense ·
Manassas Park criminal defense ·
Fairfax City criminal defense
Va. Code § 18.2‑308.2 ·
Manassas Circuit Court ·
Manassas General District Court
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.
