Firearm by Felon Lawyer Near Me
If you are facing a charge of possession of a firearm by a convicted felon in the Charlottesville, Virginia area, the legal terrain is serious and requires experienced multi-state defense counsel. At Law Offices Of SRIS, P.C., Mr. Sris, a former prosecutor, and his Of Counsel team concentrate on criminal defense across Virginia, Maryland, the District of Columbia, New Jersey, and New York. Founded in 1997, the firm represents individuals in the Charlottesville-Albemarle County region, including matters before the Charlottesville General District Court and the Albemarle County Circuit Court. Mr. Sris and his Of Counsel understand how these charges are built, and they work toward favorable outcomes at every stage. To discuss your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Firearm by Felon Defense in Charlottesville, Virginia
Under Virginia law, it is a felony for any person who has been convicted of a felony to knowingly and intentionally possess or transport a firearm. The governing statute is Va. Code § 18.2‑308.2. A conviction for firearm by felon is classified as a Class 6 felony, punishable by a term of imprisonment of one to five years—or, at the discretion of a jury, up to twelve months in jail. In many instances, the offense carries a mandatory minimum sentence of two years if the prior felony was a violent felony under Va. Code § 17.1‑805, and a mandatory minimum of five years if the prior violent felony conviction occurred within the preceding ten years and the firearm was loaded. These mandatory minimums mean that, upon conviction, the judge has no authority to impose a sentence below the statutory floor.
In the Charlottesville‑Albemarle area, firearm‑by‑felon cases are prosecuted by the Commonwealth’s Attorney for the City of Charlottesville or for Albemarle County, depending on where the alleged offense occurred. Misdemeanor charges that are related, as well as preliminary hearings for felony firearm charges, are heard in the Charlottesville General District Court. Felony trials, including jury trials, are conducted in the Albemarle County Circuit Court. Because the Commonwealth’s Attorney may agree to amend or reduce charges in certain circumstances, retaining counsel early can be critical. Mr. Sris and his Of Counsel are familiar with local court procedures and the prosecutorial approach in the central Virginia region, and they work to identify procedural weaknesses, challenge the sufficiency of the evidence, and explore every permissible avenue to mitigate the potential consequences.
How Mr. Sris and His Of Counsel Defend Firearm by Felon Charges
Defending a charge of firearm possession by a convicted felon demands a detailed examination of the state’s evidence and the circumstances of the arrest. Mr. Sris and his Of Counsel begin by scrutinizing whether the search or seizure that led to the discovery of the firearm complied with the Fourth Amendment and Article I, Section 10 of the Virginia Constitution. If law enforcement acted without a valid warrant or an applicable exception, a motion to suppress may result in the exclusion of the firearm from evidence, which can lead to a dismissal or a reduction of the charge.
The prosecution must also prove beyond a reasonable doubt that the accused “knowingly and intentionally” possessed the firearm. In cases where the firearm was found in a vehicle or a residence shared with others, constructive possession is often the contested issue. Mr. Sris and his Of Counsel carefully evaluate whether the individual had knowledge of the firearm’s presence and the ability to exercise dominion and control over it. Additionally, the defense reviews the validity of the underlying felony conviction that triggers the prohibition. If the prior conviction is subject to a restoration of rights petition or has been pardoned, or if the conviction does not qualify as a felony under Virginia law, the charge may not stand. Throughout the process, Mr. Sris and his Of Counsel engage with the Commonwealth’s Attorney to pursue charge amendments or deferred dispositions where available and appropriate. Every defense strategy is tailored to the specific facts of the case and the client’s personal circumstances, including the potential collateral consequences such as further loss of firearm rights, employment barriers, and immigration implications.
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 is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and concentrates his practice on complex criminal defense, including serious felony firearm charges. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His prosecutorial background provides a valuable perspective in identifying weaknesses in the government’s case and developing effective defense strategies.
Alongside Mr. Sris, the firm’s Of Counsel team brings extensive experience in criminal litigation. Collectively, they handle matters in General District Courts, Circuit Courts, and federal courts across Virginia. On firearm‑by‑felon cases, Mr. Sris and his Of Counsel work collaboratively, drawing on their backgrounds to construct a thorough defense while keeping the client informed at every stage. The firm’s Charlottesville‑area clients benefit from the team’s familiarity with local court practices and their commitment to protecting the rights of the accused.
Frequently Asked Questions
What is a firearm by felon charge in Virginia?
This charge alleges that a person previously convicted of a felony knowingly and intentionally possessed or transported a firearm. Under Va. Code § 18.2‑308.2, the offense is a Class 6 felony. The law also imposes mandatory minimum prison terms for certain violent‑felony predicates, which can significantly increase the sentence. Because the charge carries the possibility of incarceration and a permanent record, it is treated seriously by prosecutors and courts throughout Virginia, including the Charlottesville area.
What are the possible penalties for firearm by felon in Virginia?
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 twelve months in jail at the jury’s discretion. If the prior felony was violent and within ten years, a mandatory minimum of two years applies; if the prior violent felony was within ten years and the firearm was loaded, the mandatory minimum rises to five years. In addition, a second conviction can result in a longer sentence, and a conviction results in the permanent loss of firearm rights. Other consequences may include difficulties with employment, housing, and professional licensing. Each case is fact‑specific, and consulting with an experienced attorney as early as possible is important.
Do I need a lawyer for a firearm by felon charge in Charlottesville?
Yes, because the stakes are high. A conviction can result in mandatory prison time, a felony record, and lifelong restrictions on firearm ownership. An attorney can examine the legality of the search, challenge whether the accused knowingly possessed the firearm, and evaluate whether the underlying felony conviction qualifies under the statute. In the Charlottesville‑Albemarle courts, a knowledgeable defense lawyer can negotiate with the Commonwealth’s Attorney and, when appropriate, pursue alternatives that may lead to a reduced charge or dismissal. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How can a lawyer defend against a firearm by felon charge?
Defense strategies may include challenging the constitutionality of the search or seizure, contesting the element of knowing and intentional possession, and scrutinizing the validity of the prior felony conviction. In some cases, the defense may present evidence that the client did not have knowledge of the firearm’s presence or that the firearm belonged to another person. An attorney may also work with the prosecutor to seek a charge amendment, such as a reduction to a misdemeanor, or to negotiate a disposition that avoids the most severe mandatory minimum sentence. Every defense is built on the specific evidence and procedural history of the individual case.
What should I do if I am charged with firearm by felon in Virginia?
First, exercise your right to remain silent and ask to speak with an attorney. Do not discuss the allegations with law enforcement or anyone else other than your lawyer. Preserve any documents, photographs, or communication that may be relevant to the arrest or the firearm. Contact an experienced criminal defense lawyer promptly—early involvement allows the attorney to assess the case before decisions are made that could limit your options. For a confidential consultation regarding a firearm‑by‑felon charge in the Charlottesville area, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Where are firearm by felon cases heard in the Charlottesville area?
In the City of Charlottesville, initial appearances and preliminary hearings for felony firearm charges are held in the Charlottesville General District Court. If the charge proceeds to trial, the case is transferred to the Albemarle County Circuit Court, which handles all felony jury trials and final dispositions. The same Circuit Court also hears matters originating from Albemarle County locations outside the city limits. Familiarity with the local docket, the Commonwealth’s Attorney’s office, and judicial assignments in these courts is part of the representation that Mr. Sris and his Of Counsel provide to clients in the central Virginia region.
Related practice areas: Virginia Criminal Defense | Firearms & Weapons Defense | Certain Persons Not to Have Weapons | Concealed Firearm Defense
Official resources: Va. Code § 18.2‑308.2 | Virginia Judicial System
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