Firearm by Felon Lawyer New Kent County, Virginia — What Is Your Best Defense?
A firearm by felon charge in New Kent County 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 4 documented results in New Kent County: 3 dismissed/not guilty, 1 reduced/amended. A Firearm by Felon Lawyer New Kent County from our firm can build your defense.
Virginia Law on Firearm Possession by a Felon
Under Va. Code § 18.2-308.2, it is unlawful for any person convicted of a felony to knowingly and intentionally possess, transport, or carry a firearm. This prohibition applies to all felonies, including non-violent offenses. The statute covers actual possession, constructive possession, and joint possession. A conviction results in a mandatory minimum sentence of 5 years if the firearm was used in or possessed during a violent felony. The law also prohibits possession of ammunition by a convicted felon. A Firearm by Felon Lawyer New Kent County can explain how these laws apply to your specific situation.
Last verified: April 2026 | New Kent County General District Court | Va. Code § 18.2-308.2 (official Virginia General Assembly)
Official Legal Resources
Insider Procedural Edge: New Kent County Gun Charge Defense
In New Kent County General District Court, the Commonwealth’s Attorney must prove you knew you possessed the firearm. Lack of knowledge is a complete defense.
The court at 12001 Courthouse Circle handles preliminary hearings for felony firearm charges before transfer to Circuit Court.
- Step 1: Initial Appearance. You appear before the magistrate at New Kent County. Bond is set. A felon with firearm defense lawyer New Kent County should be present.
- Step 2: Preliminary Hearing. In General District Court, the Commonwealth presents evidence. Your attorney challenges probable cause.
- Step 3: Indictment. If probable cause is found, the case goes to the grand jury. A prohibited person gun charge lawyer New Kent County can file motions to suppress evidence.
- Step 4: Circuit Court Arraignment. You enter a plea in New Kent County Circuit Court. Your attorney can negotiate a plea or prepare for trial.
- Step 5: Trial or Plea. The case proceeds to jury trial or a negotiated disposition. First offender programs under Va. Code § 19.2-303.2 may be available.
In New Kent County, firearm by felon under Va. Code § 18.2-308.2 carries 1-5 years in prison with a mandatory minimum of 5 years if used during a violent felony.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Firearm by Felon (basic) | Class 6 Felony | 1-5 years | Up to $2,500 | None | Permanent criminal record; loss of firearm rights |
| Firearm by Felon (violent felony) | Class 6 Felony | Mandatory minimum 5 years | Up to $2,500 | None | Federal charges possible; loss of firearm rights permanently |
Results may vary. Prior results do not guarantee a similar outcome.
Case Results in New Kent County
Law Offices Of SRIS, P.C. has 4 documented results in New Kent County: 3 dismissed/not guilty, 1 reduced/amended — a 100% favorable outcome rate. These results include felony charges reduced to misdemeanors and cases dismissed at preliminary hearing. Kristen Fisher and the team bring former prosecutor insight to every gun charge case.
Results may vary. Prior results do not guarantee a similar outcome.
Our New Kent County Legal Services
Our Richmond Location serves clients at New Kent County courts (12001 Courthouse Circle). We are accessible via I-64, Route 33, Route 249, and Route 60. We serve New Kent, Providence Forge, and Quinton.
Looking for a Firearm by Felon Lawyer New Kent County near you? Our office is near Colonial Downs Racetrack and the historic New Kent County Courthouse.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond Location
7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions About Firearm by Felon Charges in New Kent County
Can a felon ever legally possess a firearm in Virginia?
Yes, but only after your civil rights are restored by the Governor or through a court order. Restoration of firearm rights requires a petition in Circuit Court. A Firearm by Felon Lawyer New Kent County can guide you through this process.
What is the penalty for a firearm by felon in New Kent County?
It is a Class 6 felony carrying 1-5 years in prison. If the firearm was used during a violent felony, a mandatory minimum of 5 years applies. Fines up to $2,500 are also possible.
Is constructive possession enough for a conviction?
Yes, if the Commonwealth proves you knew the firearm was present and you exercised dominion and control over it. A felon with firearm defense lawyer New Kent County can challenge the knowledge element.
Can I get a first offender program for a gun charge?
It depends. First offender programs under Va. Code § 19.2-303.2 are available for some offenses, but firearm by felon charges may not qualify. A prohibited person gun charge lawyer New Kent County can evaluate your eligibility.
How long does a firearm by felon case take in New Kent County?
A typical case takes 3-9 months from arrest to resolution in Circuit Court. Preliminary hearings in General District Court occur within 21-60 days. Speedy trial rights require trial within 9 months if incarcerated.
What defenses are available for a firearm by felon charge?
Common defenses include lack of knowledge, lack of possession, the firearm was not operational, or the underlying conviction was not a qualifying felony. A Firearm by Felon Lawyer New Kent County can identify the strongest defense for your case.
Related Legal Resources
Last verified: April 2026. Information updated as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.