Firearm by Felon Lawyer Poquoson, VA
If you face a charge of possession of a firearm by a convicted felon in Poquoson, Virginia, the consequences can be severe. A conviction under Va. Code § 18.2-308.2 is a Class 6 felony carrying one to five years in prison—or, at the court’s discretion, up to twelve months in jail and a fine of up to $2,500. The matter will be heard at the Poquoson General District Court at 500 City Hall Avenue for preliminary proceedings and, if bound over, the Poquoson Circuit Court for trial. Law Offices Of SRIS, P.C., practicing since 1997, represents clients in Poquoson and throughout the Eighth Judicial District. Reach the firm at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
A violation of Virginia Code § 18.2-308.2—possession of a firearm by a convicted felon—is a Class 6 felony. The court may sentence a defendant to one to five years in state prison or, at its discretion, up to twelve months in jail and a fine of up to $2,500. If the predicate felony was a violent offense within the prior ten years, a two-year mandatory minimum applies; if the firearm was loaded, the mandatory minimum increases to five years.
Source: Va. Code § 18.2-308.2. Virginia Legislative Information System
Reviewed by Mr. Sris, admitted in VA, MD, DC, NJ, and NY.
What Firearm by Felon Means in Poquoson
The charge of firearm by felon—often termed “felon in possession”—applies when a person previously convicted of a felony knowingly and intentionally possesses or transports a firearm. In Poquoson, an independent city on the Chesapeake Bay, this offense is prosecuted by the Commonwealth’s Attorney for Poquoson. Cases begin in the Poquoson General District Court, which handles misdemeanor trials and felony preliminary hearings. If a probable-cause determination is made at the preliminary hearing, the matter moves to the Poquoson Circuit Court for trial. The Eighth Judicial District, which includes Poquoson, follows Virginia’s sentencing statutes, and the court may consider aggravating factors such as the nature of the prior felony or whether the firearm was used in connection with another crime. Because Poquoson is a small jurisdiction, local practice and the assigned prosecutor’s approach can influence the progress of a case; having counsel familiar with the court’s procedures can be beneficial.
The firm’s Richmond location serves Poquoson clients. Although there is no physical location in Poquoson, the attorneys travel to the Poquoson courthouse at 500 City Hall Avenue for all scheduled appearances. Law Offices Of SRIS, P.C. brings extensive experience handling Virginia criminal matters, including firearm-possession charges, and works to identify any defenses that may apply—whether the firearm was lawfully owned for a period after rights had been restored, whether the “possession” element can be challenged, or whether a constitutional issue arises from the stop or search that led to the discovery of the weapon.
How the Firm’s Of Counsel Attorneys Handle Firearm by Felon Cases
The firm’s Of Counsel attorneys, working under the direction of Mr. Sris, take a detail-oriented approach to firearm-by-felon charges. They review the entire record—the initial police contact, the predicate felony conviction, the circumstances of the alleged possession, and any statements made by the accused. In many cases, there are significant procedural or constitutional issues that can be raised before trial. For example, if the underlying felony is old or qualifies for an exception under the statute, the mandatory minimum may not apply. If the firearm was discovered during an unlawful traffic stop or a warrantless search, a motion to suppress the evidence may be appropriate. The firm also examines whether the client’s civil rights, including firearm rights, had been restored by the Governor prior to the alleged possession; restoration of rights can remove the disability that subjects a person to § 18.2-308.2.
Every firearm-possession charge involves analyzing whether the Commonwealth can prove each element beyond a reasonable doubt. The firm’s Of Counsel attorneys prepare each case for trial while simultaneously exploring opportunities for a negotiated resolution. In the Poquoson courts, they present arguments that address both the legal merits and any mitigating personal circumstances. The goal is to work toward the most favorable outcome possible under the facts of the case. Results may vary.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). The firm’s Of Counsel attorneys bring extensive combined legal experience and include practitioners with backgrounds in law enforcement and state prosecution. Collectively, they handle criminal defense matters across Virginia. Mr. Sris and the firm’s Of Counsel attorneys appear regularly in courts throughout the Commonwealth, including the Poquoson General District Court and Poquoson Circuit Court.
For a firearm-by-felon charge, consulting with counsel early can be important. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation.
Frequently Asked Questions
What is the penalty for firearm by felon in Poquoson, Virginia?
A conviction under Va. Code § 18.2-308.2 is a Class 6 felony, punishable by imprisonment of one to five years. At the discretion of the jury or judge, the sentence may be reduced to up to twelve months in jail and a fine of up to $2,500. If the prior felony was a violent offense within the preceding ten years, a mandatory minimum of two years applies; if the firearm was loaded, the mandatory minimum is five years. The case is first heard in Poquoson General District Court for a preliminary hearing. If the court finds probable cause, the matter proceeds to Poquoson Circuit Court for trial. Because sentencing is fact-specific, anyone facing this charge should seek legal guidance promptly.
Can a convicted felon ever legally possess a firearm in Virginia?
Yes, in limited circumstances—a person whose civil rights have been restored may regain the right to possess a firearm. The Governor of Virginia has the authority to restore firearm rights to certain individuals. The process generally requires an application and a showing of law-abiding conduct. Not all felonies qualify; some violent or drug-trafficking offenses may bar restoration. It is crucial to determine whether rights were restored before the alleged possession. If the individual believed in good faith that rights had been restored but the restoration was not effective, that can affect the intent element of the offense. Each case turns on its specific facts, and an attorney can evaluate the status of any restoration order.
How does a lawyer defend against a firearm by felon charge in Poquoson?
Defense strategies often focus on whether the prosecution can prove knowing possession, whether the stop or search was lawful, and whether any exception to the statute applies. The Commonwealth must prove beyond a reasonable doubt that the defendant knew he was in possession of a firearm and that he had previously been convicted of a qualifying felony. If the firearm was discovered during an unconstitutional search or seizure, a motion to suppress can be filed, potentially experienced to dismissal of the charge. Additionally, evidence of restored rights can defeat the charge. In some cases, negotiation with the prosecutor may result in a reduction of the charge or a plea to a lesser offense. The firm’s Of Counsel attorneys review each case thoroughly to identify the strong $1.
What should I do if I am arrested for firearm by felon in Poquoson?
Immediately invoke your right to remain silent and your right to counsel; do not discuss the matter with the police or anyone else except a lawyer. Anything you say can be used against you. Request to speak with an attorney before answering any questions. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 as soon as possible. Early involvement of counsel can help preserve evidence, identify witnesses, and develop a defense strategy before the preliminary hearing. The firm’s attorneys can appear with you at arraignment and guide you through the criminal process.
What happens at the preliminary hearing in Poquoson General District Court?
The preliminary hearing is where the Commonwealth must present enough evidence to establish probable cause that a felony was committed and that the accused committed it. This is not a trial on guilt. If the judge finds probable cause, the case is certified to the grand jury and then to the Poquoson Circuit Court for trial. If the evidence is insufficient, the judge may dismiss the charge. The defense has the opportunity to cross-examine witnesses and present arguments. Because the standard of proof is lower than at trial, careful preparation and a strategic approach are important. The firm’s Of Counsel attorneys regularly handle preliminary hearings and can advise on the strengths and weaknesses of the Commonwealth’s evidence.
Do I need a lawyer for a firearm by felon charge in Poquoson?
Yes; representing yourself in a felony case carries significant risks, and the consequences of a conviction can include incarceration, loss of civil rights, and a permanent criminal record. A Class 6 felony is a serious offense. Even if you believe the facts are straightforward, legal issues may arise that only an experienced attorney can identify. The firm’s Of Counsel attorneys understand the procedural requirements and local court practices in Poquoson and can help ensure your rights are protected. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Explore related practice-area pages: Fairfax County criminal lawyer, Fairfax City criminal lawyer, Falls Church criminal lawyer, Prince William County criminal lawyer. Visit the firm’s Virginia criminal defense overview.
Primary legal resources: Va. Code § 18.2-308.2; Virginia Courts.
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Case results depend on a variety of factors unique to each case.