Firearm by Felon Lawyer Goochland County, VA
A charge for firearm possession by a convicted felon in Goochland County is a serious criminal matter under Virginia law. Law Offices Of SRIS, P.C. Concentrates its practice on criminal defense, and Mr. Sris and the firm’s Of Counsel attorneys represent clients facing firearm-by-felon allegations at the Goochland County General District Court and Goochland County Circuit Court. Reach our firm at (888) 437-7747 to request a consultation about your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Understanding Firearm by Felon Charges in Virginia
Under Va. Code § 18.2-308.2, it is unlawful for a person previously convicted of a felony to knowingly and intentionally possess or transport any firearm. This offense is classified as a Class 6 felony, carrying a possible sentence of one to five years in prison, or at the discretion of a jury, a jail term of up to twelve months. If the prior felony was a violent felony as defined in Virginia law, a mandatory minimum sentence of two years applies. When a firearm by felon charge is filed in Goochland County, the case proceeds through the General District Court for a preliminary hearing before moving to the Goochland County Circuit Court for trial and resolution.
In addition to state penalties, a conviction for possession of a firearm by a felon may have consequences under federal law, including potential charges under the Armed Career Criminal Act or 18 U.S.C. § 922(g). The firm’s approach includes examining the legality of any search or seizure that led to the discovery of the firearm, verifying the underlying felony conviction, and exploring whether any restoration of rights may be relevant. Mr. Sris and his Of Counsel bring extensive combined legal experience to firearm-by-felon defense in Goochland County. Results may vary.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Firearm by Felon Cases
When you request a consultation, an experienced attorney from the firm will review the facts of your case. The prosecution must prove beyond a reasonable doubt that you had a prior felony conviction and that you knowingly possessed a firearm. The firm’s defense analysis typically includes scrutinizing whether law enforcement had reasonable suspicion for a stop, probable cause for an arrest, and whether any statements were made in violation of Miranda rights. Additionally, the attorney may challenge the chain of custody of any evidence or the testing procedures that identified the weapon.
The firm’s Of Counsel attorneys, who include legal professionals with backgrounds as a former prosecutor and a former Virginia State Trooper, understand both the prosecution’s approach and law enforcement investigative methods. This perspective can be used to identify procedural weaknesses in the Commonwealth’s case. Law Offices Of SRIS, P.C. represents clients at every stage, from arraignment through preliminary hearing, plea negotiations, and if necessary, jury trial in Goochland County Circuit Court. Reach our firm at (888) 437-7747 to discuss your matter.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced criminal defense 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 bring decades of collective experience in criminal defense, including backgrounds in prosecution and law enforcement. Their combined experience allows the firm to anticipate prosecutorial strategies and challenge the evidence in firearm-by-felon cases. Clients in Goochland County are served from the firm’s Richmond location at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225. Contact us toll-free at (888) 437-7747.
Frequently Asked Questions
What is the penalty for firearm by felon in Virginia?
A conviction under Va. Code § 18.2-308.2 is a Class 6 felony, punishable by one to five years in prison, or up to twelve months in jail if a jury so recommends. If the prior felony was a violent felony as defined by § 17.1-805, a mandatory minimum two-year sentence applies, and a mandatory minimum five-year sentence may apply if the firearm was loaded. The specific sentence depends on the defendant’s criminal history, the circumstances of the offense, and any applicable departures from the sentencing guidelines.
What should I do if I am facing firearm by felon charges in Goochland County?
Contact a criminal defense attorney immediately and refrain from discussing the facts of your case with anyone other than your lawyer. Do not consent to any searches or answer questions from law enforcement without legal counsel present. Preserve any evidence that could be favorable, such as messages, videos, or witness contact information. An experienced attorney can evaluate whether constitutional violations occurred during the arrest or search, and can advise you on the trusted course of action in Goochland County General District Court.
Can a felon in Virginia ever legally possess a firearm again?
A convicted felon’s firearm rights may be restored in Virginia through a process administered by the Governor’s office. Restoration of civil rights, including firearm rights, is an executive clemency function. An individual who has had their rights restored may then be eligible to possess a firearm under state law, though federal law may still impose restrictions under 18 U.S.C. § 922(g). A restoration of rights does not automatically expunge the felony record. An attorney can explain whether your situation qualifies for rights restoration and what steps are involved.
How does a Virginia lawyer defend against firearm by felon charges?
Defense strategies typically include challenging the validity of the stop and search, questioning whether the defendant had actual or constructive possession of the firearm, and verifying the legal status of the prior conviction. An attorney may file a motion to suppress if law enforcement obtained the firearm through an unconstitutional search. Other approaches include negotiating with the Commonwealth’s Attorney for a reduced charge or presenting mitigating evidence at sentencing. Each defense is tailored to the specific facts and the applicable Virginia statutes.
What court handles firearm by felon cases in Goochland County?
Misdemeanor charges and initial appearances are heard in the Goochland County General District Court, located at 2938 River Road West, Building G, Goochland, VA 23063. Felony charges, including firearm by felon, proceed from a preliminary hearing in the General District Court to trial in the Goochland County Circuit Court. The Circuit Court has jurisdiction over felony jury trials and accepts appeals from the General District Court. The firm appears regularly at both levels of court on behalf of clients.
Is a firearm by felon charge determined to be a misdemeanor or felony?
Under Virginia law, possession of a firearm by a convicted felon is a Class 6 felony. Class 6 felonies are the least serious category of felony in Virginia, but they still carry significant consequences. Unlike some other offenses that may be charged as misdemeanors for a first offense, a violation of § 18.2-308.2 is always a felony. The court may impose a felony sentence, or under limited circumstances a jury may recommend a jail term of up to twelve months, but the underlying conviction remains a felony.
What if the firearm was not mine or I didn’t know it was in the car?
The prosecution must prove that you knowingly and intentionally possessed the firearm. Constructive possession, where the firearm was found in a place you had control over, can be sufficient to establish possession. However, if the firearm belonged to someone else and you were merely present, that may raise a defense. An experienced attorney can challenge the sufficiency of the prosecution’s evidence regarding your knowledge and control over the weapon. The facts of each case determine whether the evidence supports the felony charge.
Do I need a lawyer for a firearm by felon charge in Goochland County?
Yes, because a conviction for firearm by felon carries a felony record and possible incarceration. Even if you believe the evidence is weak, the procedural rules and adversarial nature of a criminal trial make it advisable to have legal representation. A lawyer can advise you on whether to accept a plea offer or proceed to trial, can cross-examine witnesses, and can present a defense that you may not be able to articulate on your own. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How does a restoration of rights affect a firearm by felon charge?
A restoration of rights by the Governor may restore your ability to possess a firearm under Virginia law, but federal law may still prohibit possession. If you have had your rights restored prior to the alleged possession, your attorney may argue that you lacked the requisite criminal intent or that the predicate felony conviction is no longer a basis for the charge. The legal effect of a restoration of rights is complex and fact-specific, and a hearing or motion may be necessary to resolve the issue in court.
What is the difference between state and federal firearm charges for felons?
Virginia charges are prosecuted under Va. Code § 18.2-308.2, while federal charges under 18 U.S.C. § 922(g) are prosecuted by the U.S. Attorney’s Office in federal district court. Federal convictions carry separate federal sentencing guidelines, often with harsher penalties and no parole. A state conviction may also trigger federal attention depending on the facts. The firm’s attorneys have experience with both state and federal criminal defense and can advise whether your case may have federal implications.
What happens at the preliminary hearing in Goochland County General District Court?
The preliminary hearing is where the Commonwealth must present sufficient evidence for a judge to find probable cause that a felony was committed. If probable cause is found, the case is certified to the Goochland County Circuit Court for trial. If the evidence is insufficient, the charge may be dismissed or reduced. At this stage, your attorney can cross-examine witnesses and challenge the evidence. The preliminary hearing is a critical opportunity to test the prosecution’s case before it proceeds to the grand jury and trial.
Additional Resources
For more information on related criminal defense topics, consult our resources on Criminal Lawyer Fairfax County, Criminal Lawyer Fairfax (City), and Criminal Lawyer Prince William County.
Primary legal authorities: Va. Code § 18.2-308.2 — Possession of firearm by convicted felon; Goochland County Courts — official court website.
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