Gun Crime Lawyer Virginia, VA
Facing a gun‑related charge in Virginia can place your freedom, your right to possess firearms, and your future at immediate risk. Virginia prosecutes weapons offenses seriously, and a conviction for carrying a concealed weapon, possession of a firearm by a convicted felon, or any offense that involves a firearm during the commission of a crime can lead to jail time, steep fines, and a permanent criminal record. Law Offices Of SRIS, P.C., founded in 1997, concentrates its practice on representing individuals charged with criminal offenses in Virginia state courts. Mr. Sris, Owner and Founder of the firm, and the firm’s Of Counsel attorneys appear in courts across the Commonwealth. For a consultation about your gun‑crime charge, call (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
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ToggleWhat Gun Crime Charges Mean in Virginia
Virginia law categorizes offenses involving firearms under a mix of statutes located in Title 18.2 of the Virginia Code. A gun‑crime charge can be a misdemeanor or a felony depending on the underlying offense and the defendant’s prior record. Misdemeanor gun offenses, such as a first‑offense carrying a concealed weapon under Va. Code § 18.2‑308, are heard in the General District Court of the city or county where the arrest occurred. Felony gun charges—including possession of a firearm by a convicted felon under Va. Code § 18.2‑308.2—proceed through a preliminary hearing in the General District Court and, if certified, are resolved in the Circuit Court. Because Virginia does not routinely permit expungement of convictions, a gun‑crime conviction can become a lifelong barrier to employment, housing, and certain professional licenses.
The Commonwealth’s Attorney’s Office prosecutes gun cases vigorously. Prosecutors may seek mandatory minimum sentences where a firearm was used in the commission of a felony. Law enforcement agencies in Virginia, including the Virginia State Police and local departments, routinely refer gun‑related offenses for felony prosecution. Anyone charged with a gun crime in Virginia needs representation from an attorney familiar with both the statutory framework and the local court procedures.
A first‑offense carrying a concealed weapon charge is a Class 1 misdemeanor punishable by up to 12 months in jail and a fine of up to $2,500.
Source: Va. Code § 18.2‑308. Virginia Code – Concealed Weapons
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Possession of a firearm by a convicted felon is a Class 6 felony carrying 1 to 5 years imprisonment, or up to 12 months in jail at the discretion of the jury.
Source: Va. Code § 18.2‑308.2. Virginia Code – Felon in Possession
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
How Our Firm Handles Gun Crime Defense
When a client contacts Law Offices Of SRIS, P.C. about a gun‑crime charge, the first step is a thorough review of the arrest circumstances, the evidence the Commonwealth intends to present, and the client’s background. Mr. Sris and the firm’s Of Counsel attorneys examine whether law enforcement conducted a lawful stop and search. Many gun‑crime cases turn on Fourth Amendment issues: an unlawful seizure of a firearm can lead to suppression of evidence and, in some instances, dismissal of the charge.
The firm works with clients to explore every available defense. For a concealed‑weapon charge, the existence of a valid concealed handgun permit is an affirmative defense. For a felon‑in‑possession charge, the firm examines whether the predicate felony disqualifies the individual under current Virginia law and whether the person is eligible for restoration of firearm rights. When reductions are not available, the firm prepares for trial. The firm’s Of Counsel attorneys bring experience in challenging forensic evidence, cross‑examining officers, and presenting defense witnesses. Throughout the process, the firm keeps clients informed of the procedural steps and the possible outcomes.
Common Types of Gun Crime Offenses
Gun‑crime prosecutions in Virginia can take many forms. Some of the most frequently charged offenses include:
- Carrying a Concealed Weapon (Va. Code § 18.2‑308). A Class 1 misdemeanor for a first offense, escalating to a Class 6 felony on a second conviction and a Class 5 felony on a third or subsequent conviction. This charge often arises from traffic stops or general police encounters.
- Possession of a Firearm by a Convicted Felon (Va. Code § 18.2‑308.2). A Class 6 felony, with mandatory minimum sentences if the prior felony was a violent offense. The firm’s attorneys evaluate whether the prior conviction qualifies under the statute and whether a restoration‑of‑rights petition may be appropriate.
- Shooting at an Occupied Dwelling or Vehicle (Va. Code § 18.2‑279). A Class 4 felony punishable by 2 to 10 years imprisonment. This charge often accompanies domestic or neighborhood disputes.
- Use or Display of a Firearm During the Commission of a Felony. Virginia law imposes mandatory minimum terms of imprisonment for anyone who uses, attempts to use, or displays a firearm while committing certain felonies. These enhancements can add years to a sentence.
- Firearm Possession by Certain Individuals. In addition to convicted felons, certain persons subject to protective orders or convicted of domestic violence offenses are prohibited from possessing firearms under federal law. State charges may parallel federal law.
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 who founded the firm in 1997. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His experience includes criminal trial work and a background that informs defense strategy in weapons cases. 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 experience in criminal defense, including matters that involve firearms charges. Some of the firm’s Of Counsel attorneys have prior law enforcement backgrounds, providing insight into police procedures and investigative techniques. This collective experience helps the firm identify weaknesses in the prosecution’s case and advocate for clients at every stage of the proceedings.
Reviewed by Mr. Sris, Owner and Founder
Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York
Practicing since 1997
Last reviewed: July 2026
Frequently Asked Questions
What should I do if I am under investigation for a gun crime in Virginia?
Do not speak to law enforcement without an attorney present. Invoke your right to remain silent and your right to counsel. Anything you say can be used against you, and officers may try to question you before you speak with a lawyer. Contact a Virginia criminal defense attorney before answering any questions. Law Offices Of SRIS, P.C. can be reached at (888) 437‑7747 for a consultation.
Can I get a gun crime charge reduced or dismissed?
Reduction or dismissal depends on the evidence and the specific facts of your case. The firm’s attorneys review the stop, search, and arrest for constitutional violations. If the evidence was obtained unlawfully, a motion to suppress may lead to dismissal. In some situations, the Commonwealth’s Attorney may agree to amend the charge to a lesser offense. For a free evaluation of your options, reach out to our firm.
Do I need a lawyer for a gun crime in Virginia?
Yes. Gun‑crime charges carry jail time, fines, and long‑term collateral consequences, including the loss of firearm rights. A lawyer can challenge the evidence, negotiate with the prosecutor, and protect your rights throughout the court process. Even a misdemeanor conviction can affect employment, security clearances, and immigration status. Mr. Sris and the firm’s Of Counsel attorneys concentrate in criminal defense and appear in Virginia courts statewide.
How does the court process work for a gun crime in Virginia?
After an arrest, you will be brought before a magistrate for a bond decision. For a misdemeanor, the case is set for trial in the General District Court. For a felony, the first appearance is an advisement of charge, followed by a preliminary hearing in the General District Court where the judge decides whether a felony charge is certified to the Circuit Court. If certified, the Circuit Court sets a trial date. At every stage, legal counsel can argue for bond, challenge evidence, and negotiate with the prosecutor.
What are the penalties for carrying a concealed weapon without a permit?
A first offense is a Class 1 misdemeanor: up to 12 months in jail and a fine of up to $2,500. A second offense becomes a Class 6 felony, punishable by 1 to 5 years in prison. A third or subsequent offense is a Class 5 felony, carrying 1 to 10 years. The exact penalty varies based on the circumstances and the judge’s discretion. Results may vary.
What if I am a convicted felon found in possession of a firearm?
Possessing a firearm as a convicted felon is a Class 6 felony. The baseline sentence is 1 to 5 years imprisonment, but mandatory minimums apply if the prior felony was a violent offense (2 years mandatory) or if the firearm was loaded (5 years mandatory). The firm’s Of Counsel attorneys examine the prior conviction to determine whether it qualifies under the statute and whether a restoration‑of‑rights application is available.
Can I have my firearm rights restored after a gun crime conviction?
Restoration of firearms rights depends on the type of conviction and whether you have completed your sentence and probation. In Virginia, the Governor can restore civil rights—including the right to possess a firearm—through a petition process. The firm’s attorneys can advise you on eligibility and guide you through the restoration application. Results may vary.
How much does a gun crime lawyer cost in Virginia?
Fees vary depending on the complexity of the case and the attorney’s experience. Law Offices Of SRIS, P.C. offers consultations to discuss your situation and determine how the firm can assist. Call (888) 437‑7747 to speak with someone about your case and learn about fee arrangements.
What should I bring to a consultation about a gun crime charge?
Bring any paperwork you received from law enforcement, including the summons, warrant, or bond documents. Also bring a list of any witnesses, photographs or videos related to the incident, and your own written notes about what happened. These materials help the firm’s attorneys evaluate the case more efficiently. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437‑7747.
How can I find the trusted gun crime lawyer in Virginia?
Look for an attorney with experience in Virginia criminal courts and a practice concentration in firearms offenses. Verify their bar admissions and ask about their experience with motions to suppress, trial advocacy, and knowledge of Virginia firearm laws. Law Offices Of SRIS, P.C., founded in 1997, concentrates in criminal defense and brings experience to gun‑crime cases. Contact the firm at (888) 437‑7747 for a consultation.
Can a gun crime charge affect my immigration status?
Yes. A conviction for a firearms offense can trigger removal proceedings and make a noncitizen inadmissible. Even certain misdemeanor gun convictions can have severe immigration consequences. If you are not a U.S. Citizen, it is critical to inform your attorney of your immigration status immediately. The firm’s Of Counsel attorneys coordinate with immigration counsel when needed to address potential immigration fallout.
Gun Crime Defense Counsel Across Virginia
Law Offices Of SRIS, P.C. represents clients in gun‑crime matters throughout the Commonwealth. The firm appears in General District and Circuit Courts in Fairfax County, Prince William County, and neighboring jurisdictions. Links to our locality‑specific pages are below:
- Fairfax County criminal lawyer
- Fairfax City criminal lawyer
- Falls Church criminal lawyer
- Prince William County criminal lawyer
- Manassas criminal lawyer
Primary‑Source Legal References
For the full text of the statutes discussed on this page, consult the official Virginia Code:
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.