Firearm by Felon Lawyer Colonial Heights, VA

If you are facing a firearm by felon charge in Colonial Heights, the consequences are serious. A conviction under Va. Code § 18.2‑308.2 is a Class 6 felony that can carry a mandatory minimum prison sentence. At Law Offices Of SRIS, P.C., Mr. Sris and the firm’s Of Counsel attorneys defend individuals charged with illegal firearm possession in Colonial Heights General District Court and Colonial Heights Circuit Court. Our Richmond location serves clients at 550 Boulevard, Colonial Heights, VA 23834. We work to protect your rights at every stage of the proceeding. Reach us at (888) 437‑7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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What Firearm by Felon Means in Colonial Heights

In Virginia, it is illegal for anyone who has been convicted of a felony to knowingly possess or transport a firearm. The statute, Va. Code § 18.2‑308.2, is commonly referred to as “felon in possession of a firearm” or “firearm by felon.” A conviction is a Class 6 felony, punishable by a term of imprisonment of one to five years, or up to 12 months in jail at the discretion of a jury. If the prior felony was a violent felony, a two‑year mandatory minimum applies; if the firearm was loaded, that mandatory minimum increases to five years.

Colonial Heights cases are heard in the Twelfth Judicial District. Misdemeanor trials and felony preliminary hearings take place in Colonial Heights General District Court, and felony jury trials and appeals are handled in Colonial Heights Circuit Court. The Commonwealth’s Attorney for Colonial Heights prosecutes these offenses. A charge that begins as a felony preliminary hearing in General District Court can be certified to the Circuit Court if probable cause is found. Because a firearm by felon charge is always a felony, it moves through the Circuit Court. Having an experienced criminal defense lawyer who understands local court practice is important.

Colonial Heights is an independent city just south of Richmond, with quick access to I‑95 and Route 144. The courthouse at 550 Boulevard serves the entire city. The firm’s Richmond location regularly appears in the Colonial Heights courts and is familiar with the local procedures, including bond conditions, pretrial motions, and presentation of evidence. Our work starts from the moment you contact us, ensuring that your rights are protected throughout the criminal process.

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

Every firearm by felon case begins with a thorough review of the evidence. The Commonwealth must prove that you were aware of the firearm’s presence and that you had the ability to exercise control over it. Our defense team examines how the firearm was discovered, whether law enforcement complied with constitutional search and seizure standards, and whether any statements you made are admissible. If the evidence was obtained through an improper stop or an unconstitutional search, we may be able to move to suppress it.

We also investigate whether the underlying felony conviction is valid and whether the firearm qualifies as a “firearm” under Virginia law. Certain antique weapons, for example, may not meet the statutory definition. If your civil rights have been restored by the Governor, you may no longer be a convicted felon for purposes of the statute. We look at every angle—from chain‑of‑custody issues to the reliability of witness identifications—to build a defense tailored to your circumstances. Every case is different, and our strategy is always grounded in the specific facts and the law.

Throughout the process, we work to negotiate with the prosecutor to seek a reduction, an amended charge, or a dismissal where the evidence supports it. If a trial is necessary, we are prepared to present a strong defense in the Colonial Heights courts. Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience to firearm‑possession cases, and we understand what is at stake: your freedom, your record, and your future. Results may vary.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. He is a former prosecutor and has practiced law since 1997. He is admitted in 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 (chief patron Del. David Bulova).

The firm’s Of Counsel attorneys include individuals with a broad range of criminal defense experience, including backgrounds from both prosecution and law enforcement. They work collaboratively with Mr. Sris to analyze evidence, challenge procedural errors, and develop effective defense strategies. Together, the team serves clients in Colonial Heights and throughout Virginia, concentrating on serious felony matters. Reach us at (888) 437‑7747 to discuss your case.

Frequently Asked Questions

What is firearm by felon under Virginia law?

A person convicted of a felony anywhere in the United States commits a crime if they knowingly possess or transport a firearm in Virginia. The statute, Va. Code § 18.2‑308.2, makes it a Class 6 felony. The definition includes handguns, rifles, shotguns, and any device that expels a projectile by explosion. The Commonwealth must prove knowing possession and that the person was a convicted felon at the time. Defenses include demonstrating lack of knowledge, challenging the validity of the predicate felony, or arguing that the item does not meet the statutory definition of a firearm. Because this is a serious felony, consulting a defense attorney early is critical.

What are the penalties for firearm by felon in Colonial Heights?

An adult convicted of firearm by felon in Colonial Heights faces one to five years in prison, or up to 12 months in jail if a jury so decides. A mandatory minimum two‑year term applies if the prior felony was violent; five years if the firearm was loaded. In addition, the court may impose a fine of up to $2,500. A conviction also strips the person of their right to vote, serve on a jury, hold public office, and possess firearms. A criminal record can affect employment, housing, and professional licenses. The court determines the sentence based on factors including the defendant’s criminal history and the circumstances of the offense.

How does a lawyer defend against firearm by felon charges?

Defense strategies for firearm by felon in Virginia may include challenging the legality of the search, examining whether the defendant knew the firearm was present, and verifying the validity of the predicate felony conviction. Our team investigates every aspect of the case, from the initial police encounter to the chain‑of‑custody for the firearm. We may argue that the prosecution cannot prove possession or that the item does not qualify as a firearm under Virginia law. If your rights were violated during the investigation, we may file a motion to suppress evidence. The goal is always to seek favorable outcomes—whether that means a dismissal, a reduction of charges, or a favorable verdict at trial. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.

What should I do if I am facing a firearm by felon charge in Colonial Heights?

Contact an experienced criminal defense attorney immediately and do not discuss the case with anyone except your lawyer. Preserve any documents, messages, or physical evidence that may be relevant. Avoid speaking to law enforcement without counsel present. The prosecutor will build a case based on the evidence, and anything you say can be used against you. Early representation allows your attorney to begin investigating, preserve evidence, and engage with the Commonwealth’s Attorney’s office. The decisions made in the first days after an arrest can shape the entire outcome of the case. Reach our firm at (888) 437‑7747 to schedule a consultation.

Can a felon get their firearm rights restored in Virginia?

Virginia allows certain convicted felons to petition the Governor for a restoration of civil rights, which may include the right to possess a firearm. Restoration is not automatic; it requires an application and an individualized review. Even after civil rights are restored, federal law under 18 U.S.C. § 922(g) may still prohibit firearm possession unless the conviction is expunged or set aside. The process can be lengthy and involves a detailed background check. An attorney can advise you on eligibility, help you prepare the petition, and explain state and federal limitations. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.

Do I need a lawyer for a firearm by felon charge in Colonial Heights?

Yes. A firearm by felon charge is a felony that carries a mandatory minimum prison term and can permanently affect your rights. Even a single conviction creates a lifelong criminal record. An attorney can identify procedural errors, challenge the prosecution’s evidence, and negotiate with the Commonwealth’s Attorney’s office. The court may consider diversionary or alternative sentencing options only if presented effectively. Without legal representation, you risk pleading guilty without fully understanding the consequences. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437‑7747.

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Last reviewed: July 2026

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Results may vary.

Case results depend on a variety of factors unique to each case.