Firearm by Felon Lawyer Fairfax County — What Are Your Legal Options?
A firearm by felon charge under Va. Code § 18.2-308.2 in Fairfax County carries up to 5 years in prison for a Class 6 felony. Law Offices Of SRIS, P.C. has 501 documented results in Fairfax County. A Firearm by Felon Lawyer Fairfax County can challenge the legality of the search and seizure.
Statutory Definition of Firearm by Felon in Virginia
Under Virginia law, it is unlawful for any person convicted of a felony to knowingly and intentionally possess, transport, or carry a firearm. The primary statute is Va. Code § 18.2-308.2, which makes this offense a Class 6 felony. A conviction carries a mandatory minimum sentence of 5 years if the defendant has a prior violent felony conviction within the previous 10 years. The law applies to any firearm, including handguns, rifles, and shotguns. The prosecution must prove beyond a reasonable doubt that you knew you possessed the firearm and that you had a prior felony conviction.
Last verified: April 2026 | Fairfax County General District Court | Va. Code § 18.2-308.2 (official Virginia General Assembly)
External Citation Links
- Va. Code § 18.2-308.2 (official Virginia General Assembly) — The primary statute defining firearm possession by a felon.
- Fairfax County General District Court — Official court website for Fairfax County.
Insider Procedural Edge for Fairfax County
In Fairfax County General District Court, prosecutors routinely seek enhanced penalties for firearm by felon charges. The court at 4110 Chain Bridge Road handles preliminary hearings for these felony cases before they move to Circuit Court.
- Step 1: Initial Appearance — You appear before a magistrate who sets bond. Personal recognizance is rare for felony charges.
- Step 2: Preliminary Hearing — Within 21-60 days, the General District Court holds a hearing to determine probable cause.
- Step 3: Indictment — If probable cause is found, the case moves to the Fairfax County Circuit Court grand jury.
- Step 4: Arraignment — You enter a plea in Circuit Court. The court sets a trial date.
- Step 5: Pre-Trial Motions — Your attorney files motions to suppress evidence, including the firearm if the search was illegal.
- Step 6: Trial or Plea — The case proceeds to jury trial or a negotiated plea agreement.
Penalty Table for Firearm by Felon in Fairfax County
In Fairfax County, firearm by felon under Va. Code § 18.2-308.2 is a Class 6 felony carrying 1-5 years in prison and up to a $2,500 fine.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Firearm by Felon (no prior violent felony) | Class 6 Felony | 1-5 years | Up to $2,500 | None | Loss of firearm rights permanently |
| Firearm by Felon (prior violent felony within 10 years) | Class 6 Felony | Mandatory minimum 5 years | Up to $2,500 | None | Loss of firearm rights permanently; federal charges possible |
Results may vary. Prior results do not guarantee a similar outcome.
E-E-A-T Authority Block
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC. Our attorneys include former prosecutors and a former Virginia State Trooper who understand how the Commonwealth builds its cases.
Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, demonstrating the firm’s deep understanding of Virginia law. A Firearm by Felon Lawyer Fairfax County from our firm brings this experience to your case.
Bryan Block, Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. Former Virginia State Trooper (15 years). View Bryan Block’s Profile
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Secondary Attorney: Mr. Sris, Owner & CEO, Managing Attorney. Former prosecutor who founded the firm in 1997. Personally amended Va. Code § 20-107.3. Admitted in VA, MD, DC, NJ, NY.
Case Results in Fairfax County
Law Offices Of SRIS, P.C. has 501 documented results in Fairfax County: 336 dismissed/not guilty, 143 reduced/amended, 5 other favorable — a 97% favorable outcome rate.
Example result: OBTAIN MONEY ON FALSE PRETENCE ≥ $200.00 FELONY (Va. Code § 18.2-178) — Reduced to misdemeanor; 180 days, 176 suspended. Fairfax County General District Court.
Results may vary. Prior results do not guarantee a similar outcome.
Local Pack Trigger Block
Distance: Our Fairfax location serves clients at Fairfax County courts (4110 Chain Bridge Road).
Near-Me Phrase: Firearm by Felon Lawyer Fairfax County — near Fairfax County Courthouse area.
Neighborhoods Served: Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, Falls Church area.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions
What is the penalty for firearm by felon in Fairfax County, Virginia?
Yes. A Class 6 felony carries 1-5 years in prison and up to a $2,500 fine. A mandatory minimum of 5 years applies if you have a prior violent felony conviction within 10 years.
Can a firearm by felon charge be reduced in Fairfax County?
It depends. If the firearm was not used in another crime and you have no prior violent felony, your attorney may negotiate a plea to a lesser charge or seek a deferred disposition under Va. Code § 19.2-303.2.
Do I need a prohibited person gun charge lawyer Fairfax County for a first offense?
Yes. Even a first offense is a felony with permanent consequences, including loss of firearm rights. A prohibited person gun charge lawyer Fairfax County can challenge the evidence and seek alternative sentencing.
How long does a firearm by felon case take in Fairfax County?
A typical case takes 3-9 months from arrest to resolution. The preliminary hearing occurs within 21-60 days in General District Court, and the trial in Circuit Court follows within 3-9 months.
Can I get my firearm rights restored after a felony conviction in Virginia?
Yes, but only through a governor’s pardon or a court order under Va. Code § 18.2-308.2. The process requires filing a petition in Circuit Court and demonstrating rehabilitation. A Firearm by Felon Lawyer Fairfax County can guide you through this process.
Internal Links
- Virginia Criminal Defense Lawyer — Hub page for all Virginia criminal defense practice areas.
- Fairfax City Criminal Defense Lawyer — Sibling locality page for Fairfax City.
- Falls Church Criminal Defense Lawyer — Sibling locality page for Falls Church.
- Fairfax County DUI Lawyer — Related practice area in the same locality.
- Fairfax County Reckless Driving Lawyer — Related practice area in the same locality.
- Kristen Fisher Attorney Profile — Primary attorney profile.
- Fairfax Office Location — Our Fairfax location page.
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Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.