Firearm by Felon Lawyer in Madison County, Virginia — What Are Your Rights?
In Madison County, a firearm by felon charge under Va. Code § 18.2-308.2 is a Class 6 felony carrying 1-5 years in prison. Law Offices Of SRIS, P.C. has 45 total documented case results across all practice areas in Madison County. A Firearm by Felon Lawyer Madison County from our firm can build your defense.
Last verified: 2026-04 | Madison County General District Court | Va. Code § 18.2-308.2 (official Virginia General Assembly)
Virginia law prohibits any person convicted of a felony from knowingly and intentionally possessing, transporting, or carrying a firearm. This offense is classified as a Class 6 felony under Va. Code § 18.2-308.2. A conviction carries a mandatory minimum sentence of five years if the defendant has a prior violent felony conviction. The statute applies to any firearm, including handguns, rifles, and shotguns. A Firearm by Felon Lawyer Madison County understands the strict liability nature of this charge.
For the full text of the statute, see Va. Code § 18.2-308.2 (official Virginia General Assembly). For court procedures, visit the Madison County General District Court website.
- Step 1: Do not speak to law enforcement without a Firearm by Felon Lawyer Madison County present. Anything you say can be used to prove knowledge and possession.
- Step 2: Your attorney will file a motion to suppress any evidence obtained through an illegal search or seizure under the Fourth Amendment.
- Step 3: The preliminary hearing in General District Court determines probable cause. Your lawyer can cross-examine witnesses and challenge the Commonwealth’s evidence.
- Step 4: If the case is certified to Circuit Court, your attorney will file pretrial motions, including challenges to constructive possession or lack of knowledge.
- Step 5: Negotiate with the Commonwealth’s Attorney for a reduction to a misdemeanor or a deferred disposition under Va. Code § 19.2-303.2.
- Step 6: If no agreement is reached, proceed to jury trial in Madison County Circuit Court where you have an absolute right to a jury.
In Madison County, firearm by felon under Va. Code § 18.2-308.2 carries a mandatory minimum of 5 years for prior violent offenders.
| 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 | Loss of firearm rights permanently | Federal prosecution possible under 18 U.S.C. § 922(g)(1) |
| Firearm by Felon (Prior violent felony) | Class 6 Felony | Mandatory minimum 5 years | Up to $2,500 | Loss of firearm rights permanently | Enhanced federal penalties; ineligible for parole |
Results may vary. Prior results do not guarantee a similar outcome.
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 has documented 4,739+ case results firm-wide across VA, MD, NJ, NY, and DC with a 93%+ favorable outcome rate. Our Firearm by Felon Lawyer Madison County team includes former prosecutors who understand how the Commonwealth builds these cases. Mr. Sris personally amended Va. Code § 20-107.3, demonstrating the firm’s ability to effect real change in Virginia law.
In Madison County, Law Offices Of SRIS, P.C. has 45 total documented case results across all practice areas with a 100% favorable outcome rate. Firm-wide, the firm has 4,739+ case results with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax Location serves clients at Madison County courts (1 Main Street). The location is accessible via Route 29 and Route 231. We serve the Madison community and surrounding areas.
Looking for a Firearm by Felon Lawyer Madison County near you? Our firm is available 24/7.
Neighborhoods served: Madison.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
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What is the penalty for a firearm by felon in Madison County, Virginia?
Yes, a Class 6 felony carries 1-5 years in prison. If you have a prior violent felony conviction, the mandatory minimum is 5 years. Fines up to $2,500 apply. Cases begin at Madison County General District Court (1 Main Street).
Can a firearm by felon charge be reduced in Madison County?
It depends. A Firearm by Felon Lawyer Madison County may negotiate a reduction to a misdemeanor or a deferred disposition under Va. Code § 19.2-303.2. Successful completion of a first offender program can result in dismissal of the charge.
What is the difference between actual and constructive possession in Madison County?
Actual possession means the firearm was on your person. Constructive possession means you had knowledge of the firearm and exercised control over it, even if not on your person. The Commonwealth must prove either type beyond a reasonable doubt.
Do I need a lawyer for a firearm by felon charge in Madison County?
Yes. A felony conviction carries a mandatory minimum prison sentence and permanent loss of firearm rights. A Firearm by Felon Lawyer Madison County can challenge the search, the evidence of possession, and negotiate for a reduction or dismissal.
How does bail work for a firearm by felon charge in Madison County?
A magistrate sets bond after arrest. Secured bond (bail bondsman charges approximately 10%) is typical for felonies. Bond can be appealed to Madison County General District Court. Public defender eligibility is based on income.
For more information, see our Virginia Criminal Defense Lawyer hub page. Related localities: Fairfax County Criminal Defense Lawyer and Prince William County Criminal Defense Lawyer. Related practice areas in Madison County: DUI Lawyer Madison County and Reckless Driving Lawyer Madison County.
Learn more about our team: Kristen Fisher — Former Prosecutor.
Last verified: 2026-04. Information updated as of 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.