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A firearm by felon charge in Spotsylvania County under Va. Code § 18.2-308.2 carries a mandatory minimum 5-year prison sentence. Law Offices Of SRIS, P.C. has 8 documented results in Spotsylvania County courts. A Firearm by Felon Lawyer Spotsylvania County can challenge unlawful possession evidence and prior conviction classifications.
Last verified: April 2026 | Spotsylvania County General District Court | Va. Code § 18.2-308.2 (official Virginia General Assembly)
Statutory Definition of Firearm by Felon in Virginia
Under Virginia law, it is unlawful for any person convicted of a felony to knowingly and intentionally possess, transport, or carry a firearm. The statute, Va. Code § 18.2-308.2, applies to all felonies, including those from other states or federal courts. A conviction triggers a mandatory minimum 5-year prison sentence, with no possibility of suspension or probation. The law also covers ammunition and certain replica firearms. A Firearm by Felon Lawyer Spotsylvania County can evaluate whether the prior conviction qualifies as a predicate offense and whether the firearm was actually possessed.
External Citation Links
Review the official statute: Va. Code § 18.2-308.2 (Virginia General Assembly). Court procedures are governed by the Spotsylvania County General District Court.
Insider Procedural Edge for Spotsylvania County
In Spotsylvania County, the Commonwealth’s Attorney aggressively prosecutes firearm by felon cases. The court at 9107 Judicial Center Lane handles preliminary hearings for these felonies. A prohibited person gun charge lawyer Spotsylvania County must act quickly to preserve suppression motions.
- Initial Appearance: You appear before the magistrate at the Spotsylvania County Adult Detention Center. Bond is set based on criminal history and flight risk.
- Preliminary Hearing: Within 21-60 days, the General District Court determines probable cause. Your attorney can cross-examine witnesses and challenge evidence.
- Grand Jury Indictment: If probable cause is found, the case goes to the Spotsylvania County Circuit Court grand jury. Indictment typically occurs within 3 months.
- Circuit Court Arraignment: You enter a plea. Pretrial motions, including suppression of evidence, must be filed within 21 days of arraignment.
- Trial or Plea: Felony jury trials are held in Circuit Court. Sentencing follows conviction, with mandatory minimums strictly applied.
Penalty Table for Firearm by Felon in Spotsylvania County
In Spotsylvania County, a firearm by felon conviction under Va. Code § 18.2-308.2 carries a mandatory minimum 5-year prison sentence and a maximum of life in prison.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Firearm by Felon (Possession) | Class 6 Felony | Mandatory minimum 5 years; up to life | Up to $100,000 | Loss of firearm rights permanently | Federal charges possible; loss of voting rights; immigration consequences |
Results may vary. Prior results do not guarantee a similar outcome.
E-E-A-T Authority Block
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 with a 93%+ favorable outcome rate. Our tagline is “Advocacy Without Borders.” Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, demonstrating deep legislative knowledge. The firm handles firearm by felon cases across Virginia, including Spotsylvania County.
Bryan Block, Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. Former Virginia State Trooper (15 years). View Bryan Block’s Profile
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Case Results in Spotsylvania County
Law Offices Of SRIS, P.C. has 8 documented results in Spotsylvania County: 4 dismissed/not guilty, 4 reduced/amended (100% favorable outcome rate).
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Fairfax Location
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Frequently Asked Questions
Can a firearm by felon charge be reduced in Spotsylvania County?
Yes. A felon with firearm defense lawyer Spotsylvania County can negotiate a plea to a lesser included offense, such as reckless handling of a firearm, which carries no mandatory minimum. Success depends on the strength of the evidence and prior record.
What is the mandatory minimum sentence for firearm by felon in Spotsylvania?
5 years in prison. Va. Code § 18.2-308.2 imposes a mandatory minimum 5-year sentence with no suspension or probation. A Firearm by Felon Lawyer Spotsylvania County can challenge the predicate conviction to avoid this sentence.
Can I get a firearm by felon charge dismissed in Spotsylvania County?
It depends. Dismissal is possible if the firearm was not actually possessed, the prior conviction does not qualify as a predicate offense, or the search was unlawful. A prohibited person gun charge lawyer Spotsylvania County can file a motion to suppress.
How long does a firearm by felon case take in Spotsylvania County?
Typically 6-12 months. The preliminary hearing occurs within 21-60 days, grand jury indictment within 3 months, and trial in Circuit Court within 9 months. Speedy trial rights apply: 9 months if incarcerated.
What defenses are available for firearm by felon in Spotsylvania?
Common defenses include: the firearm was not actually possessed, the prior conviction is not a qualifying felony, the search was illegal, or the firearm was inoperable. A Firearm by Felon Lawyer Spotsylvania County can evaluate all options.
Internal Links
Virginia Criminal Defense Lawyer | Fairfax County Criminal Defense Lawyer | Spotsylvania DUI Lawyer
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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.