In Albemarle County, a firearm by felon charge under Va. Code § 18.2-308.2 is a Class 6 felony carrying 1-5 years in prison. Law Offices Of SRIS, P.C. has 1 documented result in Albemarle County. A strong defense requires immediate action.
Last verified: April 2026 | Albemarle County General District Court | Va. Code § 18.2-308.2 (official Virginia General Assembly)
Under Virginia law, it is illegal for any person previously convicted of a felony to knowingly possess, transport, or carry a firearm. This prohibition applies to all firearms, including handguns, rifles, and shotguns. The statute is designed to prevent individuals with felony records from accessing weapons. A conviction under this section carries serious consequences, including potential prison time and loss of civil rights. The Law Offices Of SRIS, P.C. understands the details of this law and can help you build a defense.
For a firearm by felon charge, the specific statute is Va. Code § 18.2-308.2. This law makes it a Class 6 felony for a convicted felon to possess a firearm. The prosecution must prove you knew you were a felon and that you knowingly possessed the weapon. A conviction can result in 1-5 years in prison and a fine of up to $2,500. Understanding this specific statute is the first step in building a defense.
For more information, review the official statute: Va. Code § 18.2-308.2 (official Virginia General Assembly). You can also visit the Albemarle County General District Court website for local court information.
In Albemarle County General District Court, prosecutors often rely on prior conviction records to prove the felon element. A key defense is challenging the legality of the search that found the firearm. If the police lacked a warrant or probable cause, the evidence may be suppressed.
- Step 1: Contact a lawyer immediately after arrest. Do not speak to police without counsel.
- Step 2: Your lawyer will review the police report and any search warrant to identify procedural errors.
- Step 3: File a motion to suppress evidence if the search was illegal.
- Step 4: Negotiate with the prosecutor for a reduced charge or alternative sentencing.
- Step 5: Prepare for trial if no acceptable plea offer is made.
- Step 6: Present your defense at trial, focusing on the lack of knowledge or illegal search.
In Albemarle County, a firearm by felon charge carries a penalty range of 1-5 years in prison and a fine up to $2,500.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Firearm by Felon | Class 6 Felony | 1-5 years | Up to $2,500 | None | Loss of firearm rights, potential loss of voting rights |
Results may vary. Prior results do not guarantee a similar outcome.
Founded in 1997, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm has documented 4,739+ case results with a 93%+ favorable outcome rate. Our tagline is “Advocacy Without Borders.” We have a deep understanding of Virginia criminal law and local court procedures in Albemarle County.
Our team also includes Kristen M. Fisher, a former Maryland Assistant State’s Attorney, and Matthew Greene, who brings 30+ years of criminal defense experience. Together, they provide a powerful defense for clients in Albemarle County.
We have 1 documented result in Albemarle County: 1 reduced/amended (100% favorable outcome rate). Firm-wide, we have 4,739+ case results across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond Location serves clients at Albemarle County courts (350 Park Street). We are accessible via I-64, Route 29, Route 250, and Route 20. We serve the Charlottesville area, Crozet, Earlysville, Ivy, and North Garden. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Q: What is the penalty for a firearm by felon charge in Albemarle County?
A: It is a Class 6 felony carrying 1-5 years in prison and a fine up to $2,500. A conviction also results in a permanent loss of firearm rights.
Q: Can a firearm by felon charge be reduced?
A: Yes, it depends on the facts. If the search was illegal, a motion to suppress can lead to dismissal. Negotiation may result in a reduced charge or alternative sentencing.
Q: Do I need a lawyer for a firearm by felon charge?
A: Yes. This is a serious felony with mandatory prison time. A lawyer can challenge the evidence, negotiate with the prosecutor, and protect your rights.
Q: How long does a firearm by felon case take in Albemarle County?
A: A felony preliminary hearing in General District Court takes 21-60 days from arrest. A trial in Circuit Court takes 3-9 months. Speedy trial rights apply.
Q: What is the difference between GDC and Circuit Court for this charge?
A: Albemarle County General District Court handles the preliminary hearing. The Circuit Court handles the felony jury trial and any appeals from GDC.
Last verified: April 2026. Information current as of this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for updated guidance.
For more information, visit our Virginia Criminal Defense Lawyer hub page. We also serve Henrico County and Chesterfield County. If you need a DUI lawyer in Albemarle County, we can help.