Firearm by Felon Lawyer Virginia Beach, VA

If you or someone you care about is facing a charge under Va. Code § 18.2-308.2—possession of a firearm by a convicted felon—you need to understand what is at stake. In Virginia Beach, this offense is prosecuted vigorously by the Commonwealth’s Attorney. A conviction for firearm by felon is a Class 6 felony, carrying a potential sentence of one to five years in prison, with mandatory minimum penalties that can increase sharply depending on the person’s criminal record. Cases are filed in either the Virginia Beach General District Court or the Circuit Court, and the consequences of a conviction can include incarceration, fines, and a permanent felony record that affects employment, housing, and firearm rights for life. Law Offices Of SRIS, P.C. represents clients throughout Virginia Beach, Sandbridge, and Oceana who are facing these serious allegations. Mr. Sris and the firm’s Of Counsel attorneys appear regularly in Virginia Beach courts. For a consultation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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What Firearm by Felon Means in Virginia Beach

Under Virginia law, it is unlawful for anyone who has been convicted of a felony to knowingly and intentionally possess or transport a firearm. The statute—Va. Code § 18.2-308.2—makes no distinction between a firearm that is loaded or unloaded, operational or inoperable. Mere possession of a firearm, however brief, can trigger a felony charge. In Virginia Beach, these charges are initiated after an arrest and begin in the Virginia Beach General District Court at 2425 Nimmo Parkway, Building 10B. If the case involves a felony-level charge, a preliminary hearing is held there before the matter is certified to the Virginia Beach Circuit Court for trial or a negotiated resolution.

The baseline penalty for a first-offense firearm-by-felon is a Class 6 felony, punishable by one to five years in prison or, at the jury’s discretion, up to 12 months in jail and a $2,500 fine. However, mandatory minimums apply if the prior felony was a violent felony under Va. Code § 17.1-805. If the prior violent felony occurred within the last ten years, a two-year mandatory minimum sentence is triggered. If the firearm was loaded and the prior violent felony is within ten years, the mandatory minimum rises to five years. These mandatory terms cannot be suspended by the judge; they must be served. Because of the complexity of these sentencing provisions, it is critical to have an experienced defense team review the specifics of your case. Law Offices Of SRIS, P.C. Examines every detail—from the traffic stop that led to the search to the nature of the underlying felony—to build the strong $1.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Firearm by Felon Cases

Every firearm-by-felon prosecution begins with an arrest, and arrests often involve warrantless searches or questioning. The firm’s attorneys scrutinize the events experienced to the charge: was the stop lawful? Was the search of a vehicle or residence supported by probable cause or valid consent? Did law enforcement follow proper procedure? When a constitutional violation is identified, a motion to suppress the firearm as evidence can lead to a dismissal of the charge. In Virginia Beach, suppression hearings are litigated in the General District Court for preliminary matters and, if bound over, in the Circuit Court.

Beyond challenging the evidence, the defense posture may focus on the possession element. “Knowing and intentional” possession can be challenged when the firearm was not found on the person but was instead located in a shared vehicle or residence. Constructive possession arguments often require a detailed factual investigation. The firm’s Of Counsel attorneys include a former Virginia State Trooper whose fifteen years of law enforcement experience provide insight into how police investigations are built and where procedural weaknesses may exist. When the evidence cannot be suppressed, the focus shifts to negotiating with the Commonwealth’s Attorney. Virginia allows plea bargaining under Rule 3A:8 of the Rules of the Supreme Court of Virginia, and a skilled negotiator can sometimes secure an amendment to a lesser charge or a sentence that avoids the mandatory minimum. Every case is handled with careful attention to the individual’s background and the specific facts of the arrest.

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 in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he has spent decades representing individuals charged in state and federal courts. The firm’s Of Counsel attorneys bring extensive combined legal experience, including a former Virginia State Trooper whose investigative background adds a unique dimension to the defense of firearm charges. This combination of prosecutorial and law enforcement insight means that every case is evaluated from the perspective of both the charging authority and the accused, allowing the firm to anticipate the Commonwealth’s strategy and prepare accordingly. Mr. Sris and the firm’s Of Counsel attorneys treat each client with respect and work toward a favorable resolution, whether by suppression, negotiation, or trial. Results may vary.

For clients in Virginia Beach, the firm’s Richmond location at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 serves as a base for preparation and client meetings. Consultations are available by appointment. To speak with a lawyer about a firearm-by-felon charge, call (888) 437-7747.

Frequently Asked Questions

What is the penalty for firearm possession by a convicted felon in Virginia?

Possession of a firearm by a convicted felon is a Class 6 felony in Virginia, punishable by one to five years in prison. Mandatory minimum sentences may apply if the prior felony was a violent felony under Va. Code § 17.1-805. A two-year mandatory minimum is triggered if the violent prior conviction occurred within the last ten years. If the firearm was loaded in addition to that timeline, the mandatory minimum becomes five years. These mandatory sentences cannot be suspended by a judge. Because the final sentence depends heavily on the nature of the prior offense and the specifics of the current arrest, you should have an attorney examine your record and the charging documents to determine what penalty range you are facing.

Can a convicted felon ever legally possess a firearm again in Virginia?

Restoration of firearm rights in Virginia is possible but limited. A person convicted of a state felony may petition the Governor for restoration of civil rights, which can include the right to possess a firearm. A restoration of civil rights does not automatically restore gun rights; a separate petition may be necessary. Federal law under 18 U.S.C. § 922(g) also prohibits firearm possession by anyone convicted of a crime punishable by more than one year, unless the conviction is expunged, set aside, or the person is pardoned. Because state and federal disqualifications operate independently, even a successful state restoration may not fully resolve the federal prohibition. An attorney can evaluate whether you are eligible for restoration and guide you through the multi-step process before you take any steps to possess a firearm.

How does a lawyer defend against firearm by felon charges in Virginia Beach?

Defense strategies begin with a review of the stop, search, and arrest procedures to identify constitutional violations. If the firearm was discovered during an unlawful stop or search, a motion to suppress the evidence may result in dismissal of the charge. The second focus is whether the prosecution can prove the accused knowingly possessed the firearm. In cases where the gun was found in a shared vehicle or home, constructive possession may be difficult to prove beyond a reasonable doubt. Additionally, collateral challenges—such as insufficient evidence that the prior felony conviction qualifies under the statute or that the mandatory minimum sentencing provision applies—can reduce exposure. In Virginia Beach, the firm’s attorneys litigate these issues in the General District Court and, if necessary, the Circuit Court, tailoring the approach to the specific judge and prosecutor’s office.

What should I do if I am arrested for firearm by felon in Virginia Beach?

If you are arrested, exercise your right to remain silent and ask to speak with an attorney. Do not discuss the facts of the case with law enforcement, and do not consent to any search. Remember that anything you say can be used against you in court. Once you have obtained counsel, preserve any evidence that may help your defense, such as text messages, photographs, or witness contact information. A prompt consultation allows the attorney to preserve video footage from body cameras or surveillance systems, which can be critical in challenging the prosecution’s case. Contact Law Offices Of SRIS, P.C. as soon as possible to begin building your defense.

Will my firearm by felon charge go to federal court?

Most firearm-by-felon charges in Virginia are prosecuted in state court, but parallel federal charges under 18 U.S.C. § 922(g) are possible. Federal jurisdiction typically arises when the firearm crossed state lines, when the incident occurs on federal property, or when the case is referred to the U.S. Attorney’s Office for the Eastern District of Virginia. Federal sentences tend to be longer, and there is no parole in the federal system. If federal charges are filed, the case proceeds in the U.S. District Court, not the state court system. When a client faces potential state and federal exposure, the firm coordinates defense strategies across both jurisdictions to manage risk and avoid inconsistent positions.

Do I need a lawyer for a firearm by felon charge in Virginia Beach?

Yes. A firearm-by-felon charge is a felony that can result in significant prison time, mandatory minimum sentencing, and a permanent criminal record. Even if you believe the evidence is weak, the Commonwealth’s Attorney has discretion to pursue the charge vigorously. An experienced defense attorney can negotiate with the prosecutor, file motions to suppress evidence, and present mitigating factors to the court. Self-representation in a felony case is extremely risky. The firm’s attorneys are familiar with the Virginia Beach court system and can help you understand your options. To discuss your situation, call (888) 437-7747.

Primary sources:
Va. Code § 18.2-308.2 – possession of firearm by convicted felon |
Virginia Beach General District Court |
Virginia Beach Circuit Court

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