Firearm by Felon Lawyer Fluvanna County, VA
A firearm-possession charge involving a person with a prior felony record carries serious consequences in Fluvanna County. At Law Offices Of SRIS, P.C., our experienced attorneys work to protect the rights of individuals facing allegations under Virginia’s felon-in-possession statute. Mr. Sris and the firm’s Of Counsel attorneys concentrate on criminal defense matters in Fluvanna County General District Court and Fluvanna County Circuit Court, where violations of Va. Code § 18.2-308.2 are prosecuted. The firm’s Shenandoah Location in Woodstock serves clients throughout the county, including Palmyra, Fork Union, and Lake Monticello. We understand the pressure that a felony accusation brings—concerns about incarceration, employment, and future opportunities. From the initial court appearance through case resolution, we provide a defense that examines the evidence, challenges procedural issues, and works toward favorable outcomes under the circumstances. To discuss your situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Firearm by Felon Means in Fluvanna County
Under Va. Code § 18.2-308.2, it is unlawful for any person convicted of a felony to knowingly and intentionally possess or transport a firearm. Fluvanna County authorities prosecute these cases vigorously through the office of the Commonwealth’s Attorney. The charges are heard in Fluvanna County General District Court for preliminary matters and in Fluvanna County Circuit Court for felony trials and jury proceedings. A conviction can result in incarceration, fines, and a permanent criminal record that affects employment, professional licenses, and Second Amendment rights.
Because Fluvanna County is part of the Sixteenth Judicial District, its courts follow Virginia’s uniform procedural framework while maintaining local practices that experienced counsel understand. First-offender programs and deferred dispositions under Va. Code § 19.2-303.2 may be available in certain misdemeanor cases, but firearm-by-felon charges are felonies, and the statutory penalties are strict. The table below summarizes the potential consequences under the statute, as verified from the Virginia Code.
Under Va. Code § 18.2-308.2, possession of a firearm by a convicted felon is a Class 6 felony, punishable by imprisonment of one to five years, or at the discretion of a jury, up to twelve months in jail and a fine of up to $2,500. If the prior felony was a violent felony as defined in § 17.1-805 and was committed within the previous ten years, a mandatory minimum term of two years’ imprisonment applies. If that prior violent felony also involved a loaded firearm, the mandatory minimum increases to five years.
Source: Va. Code § 18.2-308.2, Va. Code § 17.1-805. Va. Code § 18.2-308.2
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
In addition to state penalties, a Virginia conviction under § 18.2-308.2 can trigger a parallel federal prosecution under 18 U.S.C. § 922(g). Law Offices Of SRIS, P.C. is prepared to address both state and federal dimensions of a firearm possession case. Our familiarity with Fluvanna County’s courthouse at 72 Main Street, Suite B, Palmyra, allows us to guide clients through the local docket, from bond hearings at the magistrate’s office to arraignment and trial.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Firearm by Felon Cases
Defending a firearm-by-felon charge begins with a careful review of the prosecution’s evidence. The firm’s attorneys examine whether law enforcement had probable cause for the stop or search that led to the firearm’s discovery. They scrutinize the chain of custody, the reliability of witness statements, and whether the accused actually possessed the firearm within the meaning of Virginia law. If any procedural defect exists—such as an unconstitutional search or an improperly obtained statement—our legal team moves to suppress the evidence.
The firm’s Of Counsel attorneys include a former Virginia State Trooper whose background provides insight into the investigation techniques and enforcement tactics used by local and state police. This perspective helps identify weaknesses in the Commonwealth’s case that other defense lawyers may overlook. Mr. Sris oversees the strategy while the Of Counsel attorneys handle court appearances, negotiations, and trial preparation. We explore every available avenue: challenging the validity of the predicate felony, asserting an affirmative defense such as an exception for antique firearms, or seeking a plea agreement that reduces exposure. Throughout the process, we explain the potential consequences and work to protect the client’s record and future.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has concentrated his practice on criminal defense since 1997. He is a former prosecutor who understands both sides of the courtroom, and he has testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His extensive combined legal experience with the firm’s Of Counsel attorneys allows the firm to handle complex criminal matters across multiple jurisdictions.
The firm’s Of Counsel attorneys bring additional knowledge that strengthens firearm-by-felon defenses. One Of Counsel is a former Virginia State Trooper with fifteen years of law enforcement service, providing a unique understanding of police procedures and firearms investigations. Collectively, Mr. Sris and the firm’s Of Counsel attorneys have documented case results across all practice areas since 1997. Results may vary. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Frequently Asked Questions
What should I do if I am facing a firearm-by-felon charge in Fluvanna County?
If you are charged with possession of a firearm by a convicted felon in Fluvanna County, you should contact a criminal defense attorney immediately and refrain from discussing the facts with anyone except your lawyer. Law enforcement officers may attempt to question you after an arrest. Exercise your right to remain silent and ask to speak with counsel. Early engagement allows your attorney to preserve evidence, challenge bond conditions, and begin building a defense before the Commonwealth’s Attorney files formal charges in Fluvanna County General District Court or Circuit Court.
How does a Virginia lawyer defend against a firearm-by-felon charge?
A Virginia defense attorney challenges the prosecution’s ability to prove each element of Va. Code § 18.2-308.2 beyond a reasonable doubt. Defenses may include attacking the legality of the search that uncovered the firearm, disputing actual possession, questioning whether the prior felony qualifies under the statute, or presenting an exception such as an antique firearm. The attorney also examines whether the mandatory minimum provisions apply based on the nature and timing of the prior offense. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Can a felon ever legally possess a firearm in Virginia?
In Virginia, a convicted felon generally cannot possess a firearm, but restoration of civil rights by the Governor can restore the right to possess a firearm under certain conditions. The restoration process is separate from the criminal case and requires a petition. Even after restoration of rights, federal law under 18 U.S.C. § 922(g) may still prohibit firearm possession unless the conviction has been expunged or set aside. Consult with an attorney to determine your eligibility and the steps involved.
What are the possible penalties for firearm by felon in Fluvanna County?
The base penalty is a Class 6 felony, carrying one to five years in prison or, at a jury’s discretion, up to twelve months in jail. If the prior felony was a violent felony as listed in Va. Code § 17.1-805 and occurred within the last ten years, a mandatory minimum sentence of two years’ imprisonment applies. That mandatory minimum increases to five years if the prior violent felony involved a loaded firearm. A conviction also results in a permanent criminal record and a lifelong federal firearm disability. Results vary depending on the facts of each case. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437‑7747.
Where are firearm-by-felon cases heard in Fluvanna County?
Firearm-by-felon charges are heard initially in Fluvanna County General District Court for arraignment and preliminary hearings; felony trials take place in Fluvanna County Circuit Court. The General District Court is located at 72 Main Street, Suite B, Palmyra, VA 22963. The Circuit Court is located in the same judicial complex. A defendant has an absolute right to a jury trial in Circuit Court for any offense carrying potential jail time. Law Offices Of SRIS, P.C. Appears in both courts on behalf of clients throughout Fluvanna County.
Additional Resources:
Visit our pages on criminal defense in nearby counties:
- Fairfax County Criminal Defense Lawyer
- Fairfax City Criminal Defense Lawyer
- Falls Church Criminal Defense Lawyer
- Prince William County Criminal Defense Lawyer
- Manassas Criminal Defense Lawyer
Virginia Primary Sources:
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Results may vary.
Case results depend on a variety of factors unique to each case.