Firearm by Felon Lawyer New Kent County, VA

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Firearm by Felon Lawyer New Kent County, VA



Firearm by Felon Lawyer New Kent County, VA

You were driving on I-64 near New Kent County when a routine traffic stop escalated. The officer discovered you had a prior felony conviction, and now you are charged under Va. Code § 18.2‑308.2 for possession of a firearm by a convicted felon. The charge is a Class 6 felony, carrying serious prison time. You are looking at a mandatory minimum sentence and a lifetime loss of firearm rights. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation with Mr. Sris and his Of Counsel team. We serve clients at New Kent County courts and throughout Virginia. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Strategy Options for a Firearm‑by‑Felon Defense

Firearm‑by‑felon cases are built on two essential elements: proof that you are a convicted felon, and proof that you knowingly and intentionally possessed or transported a firearm. Mr. Sris and his Of Counsel examine both. If the underlying felony is old or from another jurisdiction, we verify whether it still triggers the prohibition. We scrutinize the traffic stop or detention — whether law enforcement had reasonable suspicion or probable cause. If the firearm was discovered during an unlawful search, we move to suppress the evidence. In many cases, we negotiate with the Commonwealth’s Attorney toward an amendment to a non‑firearm offense, avoiding the mandatory minimum and the lifetime federal firearm disability that accompanies a conviction.

What to Expect When Your Case Moves Through Court

In New Kent County, a felony firearm charge begins in the General District Court for a preliminary hearing, where the judge determines whether sufficient probable cause exists to send the matter to Circuit Court. At that hearing, your attorney may examine the arresting officer and challenge the strength of the Commonwealth’s evidence. If the case is certified, it proceeds to the New Kent County Circuit Court. During the Circuit Court phase, discovery, pretrial motions, and plea negotiations may take several months. Throughout the process, you will be kept informed, and Mr. Sris and his Of Counsel will discuss with you the strengths and weaknesses of the prosecution’s case. If a favorable plea agreement cannot be reached, the matter is set for trial, where we vigorously challenge the state’s evidence.

Penalty Overview Under Virginia Law

Under Va. Code § 18.2‑308.2, possession of a firearm by a convicted felon is a Class 6 felony, punishable by 1 to 5 years in prison, or up to 12 months in jail at the discretion of the jury. If the prior felony was a violent felony within 10 years, a mandatory minimum sentence of 2 years applies; if the firearm was loaded, the mandatory minimum increases to 5 years.

Source: Va. Code § 18.2‑308.2. Virginia Code

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

Beyond incarceration, a conviction triggers a lifetime loss of firearm rights under Virginia law, as well as federal firearm disability under 18 U.S.C. § 922(g)(1). Because the stakes are high, it is vital to have an experienced multi‑state criminal defense team that understands both the state and the federal consequences. Mr. Sris and his Of Counsel work to identify every available defense, from suppressing evidence to negotiating an amendment that sidesteps these permanent disabilities.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor. He has practiced criminal defense since founding the firm in 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel team includes former law enforcement professionals who bring additional insight into how firearm investigations are conducted and charged. Together, Mr. Sris and his Of Counsel bring experienced, multi‑jurisdiction criminal defense representation to clients in New Kent County and throughout Virginia.

Frequently Asked Questions

How does a Virginia lawyer defend against firearm by felon charges?

Defense strategies for firearm by felon in Virginia may challenge the legality of the stop, the voluntariness of any statement, the chain of custody of the firearm, and the sufficiency of the evidence that the defendant possessed the weapon. Mr. Sris and his Of Counsel also examine whether the predicate felony conviction qualifies under the statute, explore potential motions to suppress, and negotiate with the Commonwealth’s Attorney to amend the charge when possible. Results vary; prior outcomes do not guarantee a similar result.

If I am charged with firearm by felon in New Kent County, where will my case be heard?

Your case will first be heard in the New Kent County General District Court for a preliminary hearing, and if certified, it moves to the New Kent County Circuit Court for trial. The General District Court does not conduct felony trials; it determines probable cause. The Circuit Court judge presides over any trial and sentencing. Knowing the procedures of both courts is critical to mounting an effective defense.

What are the penalties for firearm by felon in Virginia?

A conviction under Va. Code § 18.2‑308.2 is a Class 6 felony, carrying 1 to 5 years in prison, or up to 12 months in jail at jury discretion. If the prior felony was a violent felony within the last 10 years, a mandatory minimum 2-year sentence applies; a loaded firearm raises that to 5 years. Additionally, a conviction results in a permanent loss of firearm rights and a federal lifetime disability. The court may also impose fines and probation.

What should I do if I am facing firearm by felon charges in Virginia?

If you are facing a firearm‑by‑felon charge, contact an experienced criminal defense attorney immediately — do not discuss the case with anyone except your lawyer, and preserve any documents or evidence you may have. The initial steps taken after the arrest can significantly impact the outcome. An attorney can help you understand the charges, the possible defenses, and the trusted path forward. Reach Law Offices Of SRIS, P.C. at (888) 437‑7747 to schedule a consultation.

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

Yes — because a conviction for firearm by felon is a felony that carries the possibility of years in prison and permanent loss of firearm rights, legal representation is critical. Even if the evidence seems strong, an experienced attorney can evaluate whether constitutional violations occurred or whether a plea to a lesser charge is achievable. Mr. Sris and his Of Counsel appear regularly in New Kent County courts and are familiar with local prosecutorial practices.

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

While every case depends on its specific facts, firearm‑by‑felon charges can sometimes be reduced through negotiation or dismissed if evidence was obtained unlawfully. Virginia permits plea bargaining under Rule 3A:8 of the Rules of the Supreme Court of Virginia; the Commonwealth’s Attorney may agree to amend the charge to a non‑firearm offense. Additionally, if a motion to suppress is granted, the prosecution may lack evidence to proceed.

Last reviewed: July 2026

For a full statutory analysis of Virginia firearm‑by‑felon law, visit our comprehensive overview at srislawyer.com.

Richmond Location – Serving New Kent County

Our Richmond Location handles criminal defense matters at the New Kent County courts. The firm’s Richmond Location is at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225. Appointments are available by prior arrangement. Call (888) 437‑7747 to schedule.

Law Offices Of SRIS, P.C. serves clients from New Kent, Providence Forge, Quinton, and the surrounding communities. Representation is by appointment only.

Outbound primary‑source resources: Virginia Code § 18.2‑308.2 | New Kent County Courts | SCC business entity filings

Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary. Attorney responsible for this advertising: Mr. Sris.

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

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Reviewed by Mr. Sris, Owner and Founder.

Attorney advertising. This page is for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Statutes and their application change and vary by case. Prior results do not guarantee a similar outcome; results may vary. For advice about your specific situation, consult a licensed attorney. Attorney responsible for this advertising: Mr. Sris.