Firearm by Felon Lawyer Charlottesville, VA
In Virginia, a conviction for possession of a firearm by a convicted felon carries severe consequences. Under Va. Code § 18.2‑308.2, a person previously convicted of a felony who knowingly possesses or transports a firearm is guilty of a Class 6 felony. The sentence can include imprisonment and fines, and if the prior felony was a violent offense, mandatory minimum terms apply. If you are facing such a charge in the Charlottesville area, the matter will proceed through the Albemarle County court system — the General District Court handles the preliminary hearing and the Circuit Court has jurisdiction over felony trials and sentencing. Law Offices Of SRIS, P.C. represents clients charged under § 18.2‑308.2 at both the Albemarle County General District Court and the Albemarle County Circuit Court, located at 350 Park Street, Charlottesville, VA 22902. For a consultation about your case, call (888) 437‑7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
Violating Va. Code § 18.2‑308.2 is a Class 6 felony, carrying a term of incarceration of one to five years (or up to 12 months in jail at the discretion of a jury). A two‑year mandatory minimum applies if the prior felony was a violent felony within the previous 10 years; a five‑year mandatory minimum applies if the prior violent felony and the firearm was loaded.
Source: Va. Code § 18.2‑308.2 [Citation Registry Verified]. Virginia Legislative Information System
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
What Firearm by Felon Means in Charlottesville
For someone who has been convicted of a felony, state and federal law severely restrict the ability to possess or handle a firearm. In Virginia, the offense commonly referred to as “firearm by felon” is codified at § 18.2‑308.2. The Commonwealth must prove beyond a reasonable doubt that the accused was previously convicted of a felony and that the accused knowingly and intentionally possessed or transported a firearm. Because Charlottesville is an independent city located within the geographic boundaries of Albemarle County, charges are typically prosecuted in the Albemarle County General District Court for the preliminary hearing, with a possible transfer to the Albemarle County Circuit Court for trial if the charge is certified or if the defendant elects a jury trial.
The Albemarle County courts apply Virginia law, and the prosecution has the burden of establishing the prior felony conviction and the possession element. The character of the prior felony — whether it was violent and when it occurred — directly impacts the sentencing exposure, as noted above. A person facing this charge in the Charlottesville area should understand that the case will follow the normal felony procedural path: an initial appearance, a preliminary hearing, and, if certified, a Circuit Court trial. Because the stakes include mandatory incarceration and the loss of civil rights, early engagement with experienced defense counsel is essential.
How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases
Mr. Sris and his Of Counsel approach each firearm‑by‑felon case with a thorough evaluation of the prosecution’s evidence. The team reviews the circumstances of the alleged possession — whether the firearm was accessible, whether the accused had actual or constructive possession, and whether the arresting officer’s observations comply with constitutional standards. If the prior felony does not meet the statutory definition of a “violent felony,” the mandatory minimum provisions do not apply, which can significantly change the sentencing landscape. Where the evidence allows, the defense may challenge the voluntariness of any statement, the legality of the search, or the chain of custody of the firearm.
During the preliminary hearing in General District Court, Mr. Sris and his Of Counsel test the prosecution’s case, moving to exclude improperly obtained evidence and, when appropriate, seeking a dismissal or reduction of the charge. If the case proceeds to Circuit Court, the team prepares for trial, interviews witnesses, and retains attorneys when necessary. Throughout the process, the goal is to pursue the most favorable resolution possible under the specific facts of the case. The attorneys communicate with the client about the strengths and weaknesses of the case and advise on the risks of going to trial versus the benefits of a negotiated disposition, always respecting the client’s decision-making authority.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997. He brings insight into how the Commonwealth constructs a criminal case, including firearm‑by‑felon prosecutions. His practice spans five jurisdictions — Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, with 4,739+ documented firm-wide results. Results may vary. The Of Counsel team includes attorneys with extensive criminal defense backgrounds who work collaboratively on every matter, each contributing experience from prior roles in prosecution, law enforcement, and trial advocacy.
Frequently Asked Questions
What is firearm by felon in Virginia?
Firearm by felon is the offense of knowingly and intentionally possessing or transporting a firearm while being a person convicted of a felony. Virginia law at § 18.2‑308.2 makes this a Class 6 felony. The charge requires proof of both the prior felony conviction and the contemporaneous possession of a firearm.
What are the penalties for firearm by felon in Charlottesville?
A conviction under Va. Code § 18.2‑308.2 is a Class 6 felony, punishable by one to five years in prison (or up to 12 months in jail at a jury’s discretion). If the underlying felony was a violent felony within the previous 10 years, a mandatory two‑year minimum applies. If the violent felony and the firearm was loaded, the mandatory minimum is five years.
Can a felon ever get firearm rights restored in Virginia?
Yes, but the process is separate from the criminal case. A person convicted of a felony must petition the Governor for a restoration of civil rights, which includes the right to possess a firearm. The restoration process can be lengthy and is not guaranteed. An attorney can advise on eligibility and procedure.
Do I need a lawyer for a firearm by felon charge in Charlottesville?
Yes. Because a conviction carries mandatory jail or prison time, a permanent criminal record, and the loss of further civil rights, having an experienced attorney is critical. The attorney can evaluate whether the prior conviction qualifies, challenge the possession evidence, and negotiate for a reduced charge or dismissal where possible.
How does an attorney defend against firearm by felon charges?
A defense lawyer reviews the facts of the alleged possession — whether the firearm was found on the person or in a vehicle, whether the accused knew of its presence, and whether the police search complied with the Fourth Amendment. If the prior felony does not meet the statutory criteria for the mandatory minimum, the attorney can argue for a lower sentence.
What should I do if I am charged with firearm by felon?
Do not discuss the case with law enforcement without an attorney. Preserve any evidence that might support your defense, such as witness names or photographs. Contact a criminal defense attorney immediately to begin building a strategy. To speak with an attorney about your situation, call Law Offices Of SRIS, P.C. at (888) 437‑7747.
Related Criminal Defense Pages
Criminal Defense in Charlottesville ·
DUI Defense in Charlottesville ·
Reckless Driving Defense ·
Virginia Criminal Defense
Official Virginia Legal Resources
Virginia Code Title 18.2 — Crimes and Offenses Generally ·
Albemarle County Circuit Court
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