Firearm by Felon Lawyer Roanoke County, VA

Last reviewed: July 2026 Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Reviewed by Mr. Sris, Owner and Founder

Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York

Practicing since 1997

An arrest for firearm possession by a convicted felon in Roanoke County puts your freedom and future at immediate risk. The charge is a serious felony under Virginia law, prosecuted actively by the Commonwealth’s Attorney. At Law Offices Of SRIS, P.C., Mr. Sris and the firm’s Of Counsel attorneys defend individuals facing these charges in the Roanoke County General District Court and the Roanoke County Circuit Court. Whether the allegation involves actual possession, constructive possession, or a firearm found in a vehicle or residence, we work to protect your rights from the initial hearing through trial. To discuss your situation, call (888) 437-7747 to request a consultation.

A conviction for possessing a firearm as a convicted felon under Va. Code § 18.2-308.2 is a Class 6 felony, carrying a sentence of 1 to 5 years of incarceration and a fine of up to $2,500; a mandatory minimum sentence of 2 years applies if the prior felony was a violent felony committed within the preceding 10 years.

Source: Va. Code § 18.2-308.2. Va. Code § 18.2-308.2

Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.

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What Is a Firearm by Felon Charge in Roanoke County, Virginia?

A firearm by felon charge, often called “felon in possession,” is a criminal offense defined by Va. Code § 18.2-308.2. It makes it unlawful for any person who has been convicted of a felony to knowingly and intentionally possess or transport a firearm. The prohibition applies broadly to handguns, rifles, shotguns, and ammunition. Because Virginia treats this as a distinct offense with mandatory minimum sentencing in certain circumstances, the stakes are high. In Roanoke County, these cases are initially heard in the General District Court at 305 East Main Street, Salem, VA 24153, where a preliminary hearing is held for felony charges. If the case is certified, it proceeds to the Roanoke County Circuit Court for trial or disposition.

Roanoke County General District Court is currently presided over by VERIFY. Court hours: Mon-Fri 8:00AM-4:00PM. Counsel appearing on criminal matters should plan filings accordingly.

Prosecutors in the Twenty-third Judicial District take a firm stance on weapon-possession offenses. The Commonwealth’s Attorney for Roanoke County will typically pursue the charge even when a firearm was not used in a new crime. Our defense approach begins with a thorough review of the arrest, the search that produced the firearm, and your prior conviction record. We examine whether the police followed proper procedure, whether the firearm was actually within your control, and whether any exception under the law might apply. Early intervention can make a significant difference in the direction a case takes.

Frequently Asked Questions

What are the penalties for firearm by felon in Virginia?

A firearm by felon conviction in Virginia is a Class 6 felony with a sentence of 1 to 5 years, a fine of up to $2,500, and a mandatory minimum of 2 years if the prior felony was violent. The sentencing judge has some discretion, but the mandatory floor removes that discretion for violent-felony priors. In addition to incarceration, a conviction permanently revokes your firearm rights and creates a new felony on your record, which can affect employment and housing. The actual sentence often depends on the circumstances of the arrest and the quality of the defense presented.

Can a convicted felon ever legally possess a firearm in Virginia?

Generally, no—Virginia law prohibits any person convicted of a felony from knowingly possessing a firearm, unless their civil rights have been restored by the Governor. Restoration of rights is a separate legal process that removes the disability after a period of good behavior. However, merely applying for restoration does not create a defense to a pending possession charge. If you are charged with firearm possession and have a restoration application in progress, you should still treat the charge as active and seek legal counsel immediately.

What defenses are available against a firearm by felon charge in Roanoke County?

Defenses may include challenging the legality of the search, showing that the firearm did not belong to you, or demonstrating that you were not in constructive possession. For example, if a firearm is found in a car you were driving but not on your person, the prosecution must prove beyond a reasonable doubt that you knew the firearm was present and had the ability to exercise control over it. Other defenses can involve mistaken identity, coercion, or issues with the prior conviction. Mr. Sris and the firm’s Of Counsel attorneys will evaluate every detail to build the strong $1.

Will I go to jail for a first‑time firearm by felon charge?

A jail or prison sentence is possible, even for a first offense, because a Class 6 felony carries a mandatory minimum of 2 years if the prior felony was violent. Even without a violent prior, the court may impose active incarceration. However, alternative outcomes such as a reduced charge, a plea to a lesser offense, or a sentence that suspends some or all jail time are sometimes attainable if the facts and your background support it. No outcome can be past results do not guarantee a similar outcome; the trusted step is to speak with an experienced defense attorney about the specifics of your case.

How does the Roanoke County court process work for firearm by felon cases?

The case begins with an arrest and an initial appearance before a magistrate who sets bond, followed by a preliminary hearing in Roanoke County General District Court. At the preliminary hearing, the prosecutor must present enough evidence to establish probable cause. If the judge finds probable cause, the case is certified to the Roanoke County Circuit Court. Then comes arraignment, pretrial motions, and possibly a trial before a jury or judge. Throughout this process, a defense attorney can negotiate with the prosecutor and file motions to suppress evidence or dismiss the charge.

Can a firearm by felon charge be reduced or dismissed in Roanoke County?

Yes, under appropriate circumstances a charge may be reduced to a lesser offense or dismissed. For instance, if the search was unconstitutional, the firearm evidence may be suppressed, often experienced to dismissal. Prosecutors may also agree to amend the charge to a non‑firearm offense if the evidence is weak or if the defendant takes responsibility in a way that satisfies the Commonwealth. Mr. Sris and the firm’s Of Counsel attorneys know the local court practices and how to present mitigating facts to the prosecutor.

What should I do if I am arrested for firearm by felon in Roanoke County?

Immediately ask to speak with an attorney and do not make any statements to law enforcement beyond confirming your identity. Anything you say can be used against you. Do not consent to a search of your home, vehicle, or person, and do not try to explain or justify the situation to the police. After you have been processed, call an experienced criminal defense lawyer. At Law Offices Of SRIS, P.C., we offer consultations by appointment at (888) 437-7747 and can begin working on your defense right away.

What is the difference between a state and federal firearm by felon charge?

A state charge is prosecuted under Va. Code § 18.2-308.2 in Virginia courts, while a federal charge under 18 U.S.C. § 922(g) is prosecuted by the U.S. Attorney in federal district court. Federal penalties are generally harsher and there is no parole in the federal system. A federal case may arise if the firearm crossed state lines or if federal law enforcement initiated the investigation. Mr. Sris has experience handling both state and federal criminal matters and can assess which jurisdiction your case falls under.

Do I need a lawyer for a firearm by felon charge in Roanoke County?

Yes, hiring a qualified defense attorney is critical because a felony conviction has life‑altering consequences, including incarceration and a permanent criminal record. The legal process in Virginia courts is complex, and an experienced attorney can identify weaknesses in the prosecution’s case, negotiate for reduced charges, and represent you at trial if needed. Law Offices Of SRIS, P.C. has represented individuals in Roanoke County on criminal matters since 1997. To discuss your options, call (888) 437-7747.

How do I request a consultation with a firearm by felon attorney in Roanoke County?

Call (888) 437-7747 to speak with a member of our firm and schedule a consultation with Mr. Sris or one of the firm’s Of Counsel attorneys. Our phones are answered daily, and consultations are available by appointment. We will review the facts of your case, explain the possible defense strategies, and help you understand what to expect as your case moves through the Roanoke County courts. Early contact with counsel gives you the trusted opportunity to build a strong defense.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been practicing criminal defense since 1997. As a former prosecutor, he understands how the Commonwealth builds cases and uses that insight to craft effective defense strategies. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he has appeared in courts throughout Virginia, including the Roanoke County Circuit Court. Together with the firm’s Of Counsel attorneys—who include a former Virginia State Trooper with thorough knowledge of police procedures—Mr. Sris provides clients with thorough, multi‑state defense representation. The firm’s Shenandoah/Woodstock location serves the Roanoke County area, and all consultations are by appointment. Contact us at (888) 437-7747.

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Case results depend on a variety of factors unique to each case.