Firearm by Felon Lawyer King William County, VA
A charge of possession of a firearm by a convicted felon under Virginia law carries serious consequences, including prison time and the loss of firearm rights. In King William County, these cases are heard in the General District Court for preliminary matters and the Circuit Court for trials and jury sentencing. If you are facing such a charge, early involvement of an experienced criminal defense lawyer can make a meaningful difference in the course of your case. Mr. Sris and the firm’s Of Counsel attorneys represent clients in King William County courts and work to protect their rights at every stage. For a consultation, contact Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Possession of a firearm by a person convicted of a felony is a Class 6 felony in Virginia, punishable by 1 to 5 years in prison, or up to 12 months in jail at the discretion of a jury. If the prior felony was a violent felony and occurred within 10 years, a mandatory minimum 2-year sentence applies; if the firearm was loaded, the mandatory minimum increases to 5 years.
Source: Va. Code § 18.2-308.2. Virginia Code § 18.2-308.2
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
What Firearm by Felon Means in King William County
Virginia Code § 18.2-308.2 makes it unlawful for any person who has been convicted of a felony to knowingly and intentionally possess or transport a firearm. The charge is often referred to as “felon in possession of a firearm” and is prosecuted actively throughout the Commonwealth. In King William County, the Commonwealth’s Attorney brings these cases in the King William County General District Court for initial proceedings, including arraignment and preliminary hearings; felony trials are held in the King William County Circuit Court, located at 351 Courthouse Lane, Suite 201, King William, VA 23086.
Because a conviction results in a felony record, the collateral consequences can affect employment, housing, and the right to possess firearms in the future. The statute provides for enhanced penalties when the prior felony was a violent offense and when the firearm was loaded. Each case is fact-specific, and an experienced attorney can evaluate whether the evidence supports the charge, whether any procedural violations occurred, and whether negotiation or trial is the trusted path forward.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Firearm by Felon Cases
Defending a firearm by felon charge requires a thorough review of the circumstances surrounding the alleged possession. Mr. Sris and the firm’s Of Counsel attorneys examine the basis for the traffic stop, search, or seizure that led to the discovery of the firearm, and assess whether law enforcement followed proper procedures. They also review the status of the prior felony conviction to ensure it meets the statutory definition and explore whether the client’s civil rights, including the right to possess firearms, have been restored.
In King William County, the firm’s attorneys negotiate with the Commonwealth’s Attorney when amendment or reduction of the charge may be appropriate, and prepare each case as though it will go to trial. The goal is to achieve favorable outcomes under the specific facts of the case and to safeguard the client’s rights throughout the criminal justice process. The firm has achieved favorable outcomes in King William County criminal matters. Results may vary. in your case.
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 admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Since founding the firm in 1997, he has concentrated his practice in criminal defense and litigation. 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 extensive courtroom experience from varied legal backgrounds, including former prosecution and law enforcement service. Together, Mr. Sris and the firm’s Of Counsel attorneys represent clients in King William County and throughout Virginia, drawing on their collective knowledge of Virginia criminal law and local court procedure.
Frequently Asked Questions
What is the penalty for firearm possession by a convicted felon in Virginia?
Possession of a firearm by a convicted felon is a Class 6 felony in Virginia, carrying a prison sentence of 1 to 5 years, or up to 12 months in jail at the discretion of a jury. Mandatory minimum sentences apply when the prior felony was a violent offense; if the firearm was loaded, the mandatory minimum increases to 5 years. The conviction also results in a permanent loss of firearm rights. The case is heard in the King William County Circuit Court for trial.
How does a Virginia lawyer defend against firearm by felon charges?
Defense strategies may include challenging the legality of the search that uncovered the firearm, questioning whether the accused had knowledge of the weapon’s presence, and examining the validity of the prior felony conviction. An experienced lawyer will also review whether the client’s civil rights have been restored or whether the prior conviction falls outside the statutory enhancement window. In King William County, counsel may negotiate with the Commonwealth’s Attorney to reduce the charge or seek a diversionary disposition where applicable.
What should I do if I am facing firearm by felon charges in King William County?
Contact an experienced criminal defense lawyer as soon as possible and refrain from discussing the facts with anyone except your attorney. Do not consent to any searches or make any statements to law enforcement without counsel present. Preserve any documents or evidence related to the firearm’s ownership or the circumstances of the prior conviction. Early legal guidance is critical to protecting your rights.
Is firearm by felon a felony or misdemeanor in Virginia?
The charge is always a felony—specifically a Class 6 felony. It is never treated as a misdemeanor. Even a first offense carries the potential for incarceration in a state correctional facility, and the record of conviction is permanent. A felony conviction also triggers the loss of certain civil rights, including the right to vote, hold public office, and serve on a jury.
Do I need a lawyer for a firearm by felon charge?
Yes, it is strongly advisable to have legal representation for any felony charge. A felony conviction can affect your freedom, your future employment opportunities, and your ability to possess firearms. An attorney can assess the evidence, advise you on the likely outcomes, and represent you through every stage of the case—from the preliminary hearing in the General District Court through trial in the Circuit Court.
Can a firearm by felon charge be reduced or dismissed?
Reduction or dismissal is possible depending on the facts of the case and the strength of the Commonwealth’s evidence. For example, if the prior felony conviction does not meet the statutory definition or if the search was unconstitutional, the charge may be challenged successfully. In some situations, the prosecutor may agree to amend the charge to a lesser offense. Each case is unique, and the possibility of a favorable resolution depends on the specific circumstances.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
More resources for your criminal defense needs:
Criminal Lawyer Fairfax County, VA |
Criminal Lawyer Prince William County, VA |
Criminal Lawyer Manassas, VA |
Criminal Lawyer Falls Church, VA
Additional authoritative sources:
Virginia Code § 18.2-308.2 |
King William County General District Court
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.