In Lexington, a firearm by felon charge under Va. Code § 18.2-308.2 carries 1-10 years in prison. Law Offices Of SRIS, P.C. has 14 documented case results across all practice areas. A Firearm by Felon Lawyer Lexington builds a defense around unlawful search or restoration of rights.
Definition of Firearm by Felon Under Virginia Law
Virginia Code § 18.2-308.2 makes it unlawful for any person convicted of a felony to knowingly and intentionally possess a firearm. This is a Class 6 felony carrying 1-5 years in prison, but if the firearm was used in a violent felony, the penalty increases to a mandatory minimum 5 years. The law applies to any firearm, including antique or muzzle-loading weapons. A Firearm by Felon Lawyer Lexington can challenge whether the possession was knowing or whether the underlying conviction qualifies.
Last verified: April 2026 | Lexington General District Court | Va. Code § 18.2-308.2 (official Virginia General Assembly)
For the full text of the statute, see Va. Code § 18.2-308.2 (official Virginia General Assembly). For court procedures, visit the Lexington General District Court website.
Insider Procedural Edge for Lexington Firearm by Felon Cases
Lexington General District Court handles the preliminary hearing for felony firearm charges. The Commonwealth’s Attorney for Lexington prosecutes these cases aggressively. A felon with firearm defense lawyer Lexington knows that the first hearing is critical for challenging the search that found the weapon.
- Step 1: Arrest and initial appearance before the magistrate at Lexington General District Court.
- Step 2: Preliminary hearing within 21-60 days to determine probable cause.
- Step 3: Indictment by grand jury if probable cause is found.
- Step 4: Arraignment in Lexington Circuit Court.
- Step 5: Pre-trial motions, including suppression of evidence.
- Step 6: Trial or plea negotiation in Circuit Court.
In Lexington, a firearm by felon charge carries a minimum of 1 year and up to 10 years in prison.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Firearm by Felon (non-violent) | Class 6 Felony | 1-5 years | Up to $2,500 | None | Permanent felony record; loss of firearm rights |
| Firearm by Felon (violent felony) | Class 6 Felony | Mandatory minimum 5 years | Up to $2,500 | None | Permanent felony record; loss of firearm rights; federal consequences |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Lexington Firearm by Felon Case
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience. The firm has 4,739+ documented case results with a 93%+ favorable outcome rate firm-wide across VA, MD, NJ, NY, and DC. A prohibited person gun charge lawyer Lexington from SRIS understands the local courts and prosecutors.
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Case Results in Lexington
Law Offices Of SRIS, P.C. has 14 total documented case results across all practice areas in Lexington, with a 100% favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Our Location Serving Lexington
Our Richmond location serves clients at Lexington courts (2 South Main Street), accessible via I-81 and I-64. A Firearm by Felon Lawyer Lexington near Virginia Military Institute and Washington and Lee University. Serving Lexington and surrounding areas.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions About Firearm by Felon Charges in Lexington
Can a felon ever legally possess a firearm in Virginia?
Yes, if your civil rights have been restored by the Governor or through a court order. Virginia Code § 18.2-308.2 provides exceptions for restoration of firearm rights. A Firearm by Felon Lawyer Lexington can help you understand the restoration process.
What is the penalty for a firearm by felon in Lexington?
A Class 6 felony carrying 1-5 years in prison. If the firearm was used in a violent felony, a mandatory minimum 5 years applies. Fines up to $2,500. Cases are heard at Lexington General District Court and Circuit Court.
Do I need a lawyer for a firearm by felon charge?
Yes. A felony conviction carries 1-10 years in prison and permanent loss of firearm rights. A prohibited person gun charge lawyer Lexington can challenge the search, the knowledge element, or pursue restoration of rights.
Can a firearm by felon charge be reduced or dismissed?
It depends. If the search was unlawful, the firearm may be suppressed. If the defendant did not know the item was a firearm, that is a defense. First offender programs may apply in limited circumstances.
How long does a firearm by felon case take in Lexington?
Felony cases in Lexington typically take 3-9 months from arrest to trial. The preliminary hearing occurs within 21-60 days. Speedy trial rights require trial within 9 months if incarcerated.
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.