In Frederick County, a prohibited person possessing a firearm is a Class 6 felony under Va. Code § 18.2-308.2, carrying 1-5 years in prison. Law Offices Of SRIS, P.C. has 11 documented results in Frederick County, including 4 dismissals. A Firearm by Felon Lawyer Frederick County can build a strong defense.
Virginia Law on Firearm Possession by Prohibited Persons
Under Va. Code § 18.2-308.2, it is unlawful for any person convicted of a felony or certain misdemeanors to knowingly possess a firearm. This statute applies in Frederick County and throughout Virginia. A Firearm by Felon Lawyer Frederick County understands the specific elements the prosecution must prove: prior conviction and knowing possession. The law also covers persons subject to protective orders or adjudicated mentally incompetent. Violations are prosecuted by the Frederick County Commonwealth’s Attorney at the Frederick/Winchester General District Court.
Last verified: April 2026 | Frederick/Winchester General District Court | Virginia General Assembly
Official Resources
- Va. Code § 18.2-308.2 (official Virginia General Assembly)
- Frederick/Winchester General District Court (official court website)
Insider Procedural Edge for Frederick County Gun Cases
In Frederick County, the Commonwealth’s Attorney often relies on constructive possession arguments in firearm cases. Your Firearm by Felon Lawyer Frederick County must challenge whether the prosecution can prove you knew the firearm was present.
- Step 1: Contact a Firearm by Felon Lawyer Frederick County immediately after arrest — do not speak to investigators without counsel.
- Step 2: Your attorney will request a preliminary hearing in Frederick/Winchester General District Court to challenge probable cause.
- Step 3: File a motion to suppress any evidence obtained through unlawful search or seizure under the Fourth Amendment.
- Step 4: Negotiate with the Commonwealth’s Attorney for a reduction to a misdemeanor or deferred disposition under Va. Code § 19.2-303.2.
- Step 5: If no agreement, proceed to jury trial in Frederick County Circuit Court where you have an absolute right to a jury.
- Step 6: If convicted, your attorney can appeal the GDC conviction to Circuit Court for a trial de novo.
In Frederick County, firearm possession by a prohibited person carries 1-5 years in prison and a fine up to $2,500.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of firearm by felon (§ 18.2-308.2) | Class 6 felony | 1-5 years | Up to $2,500 | Loss of firearm rights (permanent) | Federal charges possible; loss of voting rights; housing/employment barriers |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Frederick County Gun Charge?
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience. Our firm has documented 4,739+ case results firm-wide across Virginia, Maryland, New Jersey, New York, and DC with a 93%+ favorable outcome rate. Our felon with firearm defense lawyer Frederick County team includes former prosecutors who understand how the Commonwealth builds its case. Mr. Sris personally amended Va. Code § 20-107.3 (equitable distribution statute), demonstrating our firm’s ability to effect real change in Virginia law. We provide advocacy without borders — 24/7 availability for your case.
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
Frederick County Case Results
In Frederick County, Law Offices Of SRIS, P.C. has 11 documented results: 4 dismissed/not guilty, 3 reduced/amended — a 64% favorable outcome rate. Firm-wide across VA, MD, NJ, NY, and DC, we have 4,739+ case results with a 93%+ favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Frederick County Location and Service Area
Our Shenandoah/Woodstock Location serves clients at Frederick County courts (5 North Kent Street, Winchester, VA 22601). We are accessible via I-81, Route 7, Route 11, and Route 37 (Winchester bypass).
Looking for a Firearm by Felon Lawyer Frederick County near you? We serve Winchester, Stephens City, Middletown, Clear Brook, and Gore.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Shenandoah/Woodstock
505 N Main St, Suite 103, Woodstock, VA 22664
Toll-Free: (888) 437-7747 | Local: (888) 437-7747
By appointment only.
Frequently Asked Questions About Firearm by Felon Charges in Frederick County
Can a felon ever legally possess a firearm in Virginia?
Yes, but only if your rights have been restored by the Virginia Governor or through a court order under Va. Code § 18.2-308.2. Restoration is not automatic.
What is the penalty for a prohibited person possessing a firearm in Frederick County?
A Class 6 felony carrying 1-5 years in prison and a fine up to $2,500. Federal charges may also apply under 18 U.S.C. § 922(g).
Can a firearm charge be reduced to a misdemeanor in Frederick County?
It depends. Under Va. Code § 19.2-303.2, first-offender programs may allow dismissal upon successful completion. A prohibited person gun charge lawyer Frederick County can evaluate eligibility.
Do I need a lawyer for a first-time firearm possession charge in Frederick County?
Yes. A felony conviction carries permanent loss of firearm rights, voting restrictions, and employment barriers. A Firearm by Felon Lawyer Frederick County can negotiate alternatives to conviction.
How does bail work for a firearm charge in Frederick County?
A magistrate sets bond after arrest. Secured bond is typical for felonies. Your attorney can appeal the bond decision to Frederick/Winchester General District Court.
What is the difference between GDC and Circuit Court for a gun charge?
Frederick/Winchester General District Court handles preliminary hearings for felonies. Frederick County Circuit Court handles felony jury trials and appeals from GDC. You have a right to a jury trial in Circuit Court.
Related Practice Areas
- Virginia Criminal Defense Lawyer
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- DUI Lawyer Frederick County
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- Shenandoah/Woodstock Office Location
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for updated guidance.