Firearm by Felon Lawyer Near Me
Facing a firearm by felon charge in Virginia is a serious matter. A conviction under Va. Code § 18.2‑308.2 can mean years in prison and a permanent criminal record. If you are searching for a “firearm by felon lawyer near me,” you need an attorney who understands the stakes and knows how to defend these cases in Northern Virginia courts. Law Offices Of SRIS, P.C., founded in 1997, represents clients throughout Fairfax County and the surrounding area. Mr. Sris, a former prosecutor, and his Of Counsel have handled thousands of criminal matters and can help you navigate this difficult time. To discuss your situation, reach our firm at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Firearm by Felon Charges Mean in Fairfax County and Northern Virginia
In Virginia, it is a felony for any person convicted of a felony to knowingly and intentionally possess or transport a firearm. The charge is prosecuted under Va. Code § 18.2‑308.2. A person accused of this offense faces prosecution in the Fairfax County General District Court for preliminary matters and in the Fairfax County Circuit Court for felony trial. The Commonwealth’s Attorney’s Office pursues these cases actively because of the public-safety implications. A firearm by felon case is not a simple matter; it requires a thorough understanding of Virginia’s sentencing laws, including mandatory minimum terms that may apply depending on the defendant’s prior record and the circumstances of the alleged possession.
Because Fairfax County is home to over 1.1 million residents and sits just outside Washington, D.C., law enforcement and prosecutors take weapons offenses very seriously. Cases frequently arise from traffic stops, domestic calls, or probation checks. Regardless of how you came to be charged, the consequences can be life-altering. Prison time, heavy fines, and the loss of civil rights are all possible outcomes. Having an experienced defense attorney who is familiar with the local court system can make a significant difference in how your case is handled.
Under Virginia law, a firearm by felon offense is a Class 6 felony. The possible sentence is one to five years in prison, or, at the discretion of the jury or court trying the case without a jury, up to 12 months in jail. If the prior felony was a violent felony (as defined by § 17.1‑805) committed within the preceding 10 years, a mandatory minimum of two years applies. If the firearm was loaded and the prior felony was violent, the mandatory minimum rises to five years.
Source: Va. Code § 18.2‑308.2. Virginia 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 you contact Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel begin by thoroughly examining the facts underlying the charge. They review the circumstances of the alleged possession, the legality of any search, and the strength of the evidence the Commonwealth intends to introduce. Mr. Sris’s background as a former prosecutor gives him insight into how the other side builds its case. His Of Counsel, who include attorneys with prior service as a state trooper and as a prosecutor, bring a combined enforcement and trial perspective that is difficult to match.
The defense approach is tailored to the specifics of your situation. Mr. Sris and his Of Counsel may challenge the admissibility of evidence if constitutional rights were violated, negotiate with the prosecutor for a reduction or alternative disposition where possible, and, when necessary, prepare for trial. Because Virginia allows plea agreements under Rule 3A:8 of the Rules of the Supreme Court of Virginia, there are often opportunities to seek a resolution that avoids a felony conviction. The team works to achieve a favorable outcome, whether that means a dismissal, an amendment to a lesser offense, or an acquittal at trial. Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. He is a former prosecutor who now concentrates his practice on complex criminal defense, including firearm and weapons charges. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His thorough understanding of Virginia criminal law benefits every client the firm represents.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience to every matter. Results may vary. The Of Counsel team includes attorneys with backgrounds as a former Assistant State’s Attorney and as a former Virginia State Trooper. This mix of prosecutorial and law‑enforcement experience provides a unique ability to analyze cases, identify procedural weaknesses, and build a strong defense. Mr. Sris and his Of Counsel have documented 4,739+ case results across all practice areas since 1997. Results may vary.
Frequently Asked Questions
What is firearm by felon in Virginia?
Firearm by felon is a criminal charge under Virginia Code § 18.2‑308.2 that makes it unlawful for any person previously convicted of a felony to knowingly and intentionally possess or transport a firearm. The statute applies even if the prior felony is old or from another state. The prohibition includes both actual possession and constructive possession. A conviction is a Class 6 felony with significant sentencing consequences, including mandatory minimum terms in certain cases.
What are the penalties for firearm by felon in Virginia?
A firearm by felon conviction is a Class 6 felony carrying one to five years in prison, or up to 12 months in jail. If the prior felony was a violent felony within 10 years, a mandatory minimum two‑year sentence applies. If the firearm was loaded and the prior felony was violent, the mandatory minimum rises to five years. Fines and permanent loss of firearm rights also apply. Penalties are severe, so early legal guidance is critical.
Can I go to jail for a first offense firearm by felon charge?
Yes, a first offense firearm by felon charge can result in jail or prison time. Even as a first offender, a Class 6 felony carries a possible sentence of one to five years, although a jury or judge may impose up to 12 months in jail. Mandatory minimum sentences may also apply if the prior conviction was for a violent felony. An experienced attorney can help you understand your exposure and work to mitigate the consequences.
How does a lawyer defend against firearm by felon charges?
Defense strategies often focus on challenging the legality of the search that uncovered the firearm, questioning whether the defendant knowingly possessed it, or disputing the underlying felony conviction status. An experienced defense attorney will examine the evidence, file motions to suppress if constitutional rights were violated, and negotiate with prosecutors. In some cases, it may be possible to seek a reduction or alternative resolution that avoids a felony conviction.
Do I need a lawyer if I am arrested for firearm by felon in Fairfax?
Yes, you should contact a criminal defense lawyer as soon as possible after an arrest for firearm by felon in Fairfax County. The consequences of a conviction are too serious to face alone. An attorney can protect your rights during questioning, secure your release on bond, and begin building a defense immediately. The earlier a lawyer gets involved, the more options may be available.
What should I do right after an arrest?
Stay calm, do not discuss the facts of the case with anyone except your lawyer, and ask to speak with an attorney. Do not consent to searches or answer police questions beyond identifying yourself. Preserve any documents or information that may be helpful. Contact a qualified criminal defense attorney as soon as possible so they can advise you on next steps and protect your rights.
Can firearm by felon charges be reduced or dismissed?
It may be possible to have firearm by felon charges reduced or dismissed depending on the facts and the strength of the prosecution’s case. For example, if the search was illegal, the evidence may be excluded. Negotiated resolutions, such as amending the charge to a lesser offense, are sometimes achievable. Each case is different, and an experienced attorney can evaluate your options after reviewing the evidence.
What is the mandatory minimum sentence for firearm by felon?
The mandatory minimum sentence for firearm by felon is two years if the prior felony was a violent felony within 10 years; it is five years if the firearm was loaded and the prior felony was violent. Otherwise, there is no mandatory minimum for a standard Class 6 felony, but the judge or jury can impose a sentence of up to five years. Mandatory minimums require active incarceration; probation or suspended time is not available for that portion of the sentence.
How do I find a firearm by felon lawyer near me?
Look for a criminal defense attorney with experience handling firearm cases in Virginia and a strong local presence in Northern Virginia courts. The right lawyer will be familiar with Fairfax County prosecutors and judges, understand Va. Code § 18.2‑308.2, and be able to develop a defense strategy tailored to your situation. Law Offices Of SRIS, P.C. serves clients throughout Fairfax County and the region.
Will a conviction affect my gun rights permanently?
Yes, a felony firearm by felon conviction results in a permanent loss of the right to possess firearms under both Virginia and federal law. Additionally, a conviction can affect employment, professional licensing, housing, and immigration status. A felony record is difficult to expunge in Virginia, although record sealing may be available for certain non‑conviction outcomes. This is why a strong defense is so important.
What is the difference between state and federal firearm charges?
State charges under Va. Code § 18.2‑308.2 are prosecuted in Virginia state courts, while federal charges under 18 U.S.C. § 922(g) are brought in federal district court and typically carry longer sentences. Federal charges may apply if the case crosses state lines or involves a firearm that moved in interstate commerce. Federal sentencing guidelines can result in significant prison time. If you face either state or federal charges, contact a lawyer who handles both.
Does the firm handle firearm cases in other Northern Virginia counties?
Yes, Mr. Sris and his Of Counsel represent clients in firearm cases throughout Northern Virginia, including Fairfax County, Arlington, Loudoun, Prince William, Stafford, and Fauquier. They appear in General District Courts and Circuit Courts across the region. Whether your case is in Alexandria, Manassas, or Leesburg, the firm can help. Call (888) 437‑7747 to discuss your situation.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
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. Attorney responsible for this advertising: Mr. Sris.
