Firearm by Felon Lawyer Chesterfield County, VA
If you have been charged with possession of a firearm by a convicted felon in Chesterfield County, Virginia, the stakes are immediate and severe. Under Virginia Code § 18.2-308.2, a conviction for this offense carries a mandatory minimum prison sentence in many cases, and a felony record that affects your right to vote, own firearms, and secure employment. The Commonwealth’s Attorney for Chesterfield County prosecutes these cases actively, often seeking incarceration. At Law Offices Of SRIS, P.C., Mr. Sris and the firm’s Of Counsel attorneys bring extensive experience defending clients against firearm‑by‑felon charges in Chesterfield County’s General District Court and Circuit Court. Our team includes a former Virginia State Trooper who understands the investigative process from the inside and a former prosecutor who knows how the state builds its case. Reach us at (888) 437‑7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Firearm by Felon Charges Mean in Chesterfield County
In Virginia, it is a felony for any person convicted of a felony to knowingly and intentionally possess or transport a firearm. The offense is charged under Va. Code § 18.2‑308.2 and is classified as a Class 6 felony. If the prior felony conviction was a violent felony as defined by § 17.1‑805 and occurred within the previous ten years, the court must impose a mandatory minimum sentence of two years. When the prior violent felony involved a loaded firearm, the mandatory minimum rises to five years. These are not guidelines; they are statutory floors that a judge may not reduce.
A firearm‑by‑felon conviction in Virginia is a Class 6 felony, punishable by one to five years in prison, or at the discretion of a jury, up to twelve months in jail and a fine of up to $2,500; where a prior violent felony triggers a mandatory minimum, the sentence must be at least two 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.
Cases in Chesterfield County begin with an arrest and an initial appearance before a magistrate. As a felony, the matter proceeds through the Chesterfield County General District Court for a preliminary hearing, where the Commonwealth must show probable cause. If probable cause is found, the case is certified to the Chesterfield County Circuit Court for trial or a plea. Throughout this process, the defendant’s right to a jury trial is absolute for any offense carrying jail time. The court located at 9500 Courthouse Road, Chesterfield, VA 23832 handles all proceedings. Our Richmond location regularly represents clients at both the General District Court and the Circuit Court, and we are familiar with local procedure and the expectations of the prosecutors and judges in the Twelfth Judicial District.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Firearm by Felon Cases
Defending a firearm‑by‑felon charge requires a multi‑layered approach that begins the moment the client contacts us. Mr. Sris and the firm’s Of Counsel attorneys promptly evaluate the arrest circumstances, the search and seizure that led to the discovery of the firearm, and the validity of the alleged prior felony conviction. The firm’s Of Counsel include a former Virginia State Trooper with fifteen years of law enforcement experience, offering insight into how traffic stops and firearm investigations are conducted and where procedural missteps may have occurred. Mr. Sris, a former prosecutor, understands the government’s trial strategy from the inside and uses that knowledge to anticipate prosecution arguments and build a thorough defense.
Our approach is not one‑size‑fits‑all. We carefully examine the charging documents, interview witnesses, and review forensic reports. Where appropriate, we negotiate with the Commonwealth’s Attorney to seek charge reductions or dismissals. If the evidence supports it, we may challenge the firearm possession element—for example, by showing the defendant did not have actual or constructive possession of the weapon. We also explore whether the prior felony truly qualifies as a predicate offense under § 18.2‑308.2 and whether any restoration‑of‑rights petition or pardon may apply. Because the firm’s Of Counsel attorneys handle matters across multiple jurisdictions, we bring broad perspective without sacrificing the localized attention every Chesterfield County case deserves.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris founded Law Offices Of SRIS, P.C. in 1997 and serves as its Owner and Founder. He is a former prosecutor who has built a multi‑state practice that appears in courts throughout Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635. His personal caseload remains intentionally limited so that he can stay deeply involved in the firm’s most complex criminal matters.
The firm’s Of Counsel attorneys include a former Virginia State Trooper with direct experience in criminal and traffic investigations, as well as a former Maryland Assistant State’s Attorney. This combination of law enforcement and prosecutorial backgrounds gives the firm a nuanced understanding of firearm‑possession cases and the leverage points that can lead to a favorable resolution. All Of Counsel attorneys contract directly with Law Offices Of SRIS, P.C. and bring extensive combined legal experience. Mr. Sris and the firm’s Of Counsel attorneys have documented case results throughout Chesterfield County, including dismissals and reduced charges. Results may vary.
Frequently Asked Questions
What is the penalty for firearm possession by a felon in Virginia?
A conviction under Va. Code § 18.2‑308.2 is a Class 6 felony, sentencing to one to five years in prison (or up to twelve months in jail at the jury’s discretion) and a fine up to $2,500; if the prior felony was a violent felony within the last ten years, a mandatory minimum of two years applies, rising to five years if the prior offense involved a loaded firearm. These penalties are serious and often include obligatory prison time. The court also revokes the defendant’s right to possess firearms permanently. Because of the mandatory minimum triggers, early intervention by an experienced defense attorney is critical. The Chesterfield County Commonwealth’s Attorney prosecutes these charges vigorously. To discuss your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
How does a Virginia lawyer defend against firearm by felon charges?
Defense strategies may challenge the evidence of possession, the validity of the predicate felony conviction, the legality of the search that uncovered the firearm, or whether the prior conviction triggers any mandatory minimum. In Chesterfield County, Mr. Sris and the firm’s Of Counsel attorneys carefully analyze the arrest report, witness statements, and the chain of custody. If the weapon was found during a vehicle stop, the former State Trooper on the Of Counsel team reviews the officer’s justification for the stop and any subsequent search. Where the prior felony is old or out‑of‑state, the defense may argue that it does not qualify as a predicate conviction under Virginia law. Each case is unique; an attorney evaluates the specific facts to determine the strongest available defense.
What should I do if I am facing firearm by felon charges in Virginia?
Contact a criminal defense attorney promptly, refrain from discussing the facts with anyone except your lawyer, and preserve any evidence that may be relevant, such as photographs, receipts, or witness names. Do not post about the case on social media or speak with law enforcement without counsel present. In Chesterfield County, the initial appearance and bail hearing happen quickly, so early representation can affect bond conditions and the direction of the investigation. Law Offices Of SRIS, P.C. can be reached at (888) 437‑7747 to schedule a consultation and begin building your defense.
Can firearm by felon charges be expunged in Chesterfield County?
Virginia law generally does not permit the expungement of convictions, including firearm‑by‑felon convictions; however, if the charge results in an acquittal, dismissal, or nolle prosequi, a petition for expungement may be filed in the Chesterfield County Circuit Court under Va. Code § 19.2‑392.2. For convictions, there is no statutory mechanism to remove the record unless the conviction is later overturned on appeal or the defendant receives a pardon. Because a conviction will permanently appear on a criminal background check, avoiding conviction is often the primary goal of the defense. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Do I need a lawyer for a firearm by felon charge in Chesterfield County?
Yes. A felony conviction carries prison time, a lifetime loss of firearm rights, and long‑term consequences for employment and housing; the mandatory minimum sentencing provisions under Va. Code § 18.2‑308.2 mean that even a first‑time offender can face years in prison. The Chesterfield County courts follow strict procedures that are difficult to navigate without counsel. Mr. Sris and the firm’s Of Counsel attorneys have experience handling these matters locally and can work to challenge the evidence, negotiate with the prosecutor, and advocate for favorable outcomes. To request a consultation, call (888) 437‑7747.
How do Chesterfield County courts handle firearm by felon cases?
All felony cases, including firearm‑by‑felon, start with a preliminary hearing in the Chesterfield County General District Court; if probable cause is found, the case moves to the Chesterfield County Circuit Court for trial or a negotiated plea. The defendant has the right to a jury trial in Circuit Court. Bail is set by a magistrate at the time of arrest; for violent‑prior‑felony cases, the court may impose a secured bond or hold without bail. The Chesterfield County Commonwealth’s Attorney prosecutes, and the court has first‑offender programs available for certain offenses, though firearm‑by‑felon charges are not eligible for deferred disposition. For a consultation, contact 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.