Firearm by Felon Lawyer Powhatan County, VA
You are a convicted felon in Powhatan County, Virginia, and now you face a charge under Va. Code § 18.2-308.2—possession of a firearm by a felon. The Commonwealth’s Attorney is pursuing a felony that carries mandatory prison time. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel team defend individuals against firearm by felon accusations in Powhatan County General District Court and Powhatan County Circuit Court. Contact us at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
A Defense Strategy Tailored to Firearm by Felon Charges
Our approach to defending a Va. Code § 18.2-308.2 charge begins with a careful analysis of the evidence. Common defense strategies include challenging whether the item qualifies as a firearm under the statute, questioning whether the defendant knowingly possessed the weapon, and examining the lawfulness of the stop or search that led to the charge. If the prior felony was not classified as a violent felony, the mandatory minimum may not apply. Mr. Sris and his Of Counsel, including a former Virginia State Trooper who understands police procedures from years on the enforcement side, evaluate every aspect of the case to identify procedural weaknesses and build a thorough defense. Our goal is to work toward favorable outcomes—whether that means a dismissal, a reduction of charges, or a favorable trial result. Results may vary.
What to Expect When Facing a Firearm by Felon Charge in Powhatan County
After an arrest for a firearm by felon in Powhatan County, you will typically be taken before a magistrate for a bond determination. The case then proceeds to the Powhatan County General District Court (GDC) at 3834 Old Buckingham Rd, Suite C, Powhatan, VA 23139. At the GDC, you will be arraigned and, because this is a felony, a preliminary hearing will be scheduled. The GDC judge determines whether probable cause exists for the charge. If probable cause is found, the case is certified to the Powhatan County Circuit Court for trial. In the Circuit Court, you have the right to a jury trial. Throughout the process, Mr. Sris and his Of Counsel will advocate on your behalf, including seeking release on recognizance, navigating plea discussions with the Commonwealth’s Attorney, and preparing for trial. The timeline for resolution varies with the court’s calendar and the complexity of your case.
Our Richmond Location serves clients at Powhatan County courts. By appointment only. Call (888) 437-7747 to schedule a consultation.
Penalties for Firearm Possession by a Felon Under Virginia Law
Possession of a firearm by a convicted felon is a serious offense in Virginia. The statutory framework under Va. Code § 18.2-308.2 sets forth significant consequences:
A violation of Va. Code § 18.2-308.2 is a Class 6 felony, punishable by 1 to 5 years in prison, or at the discretion of the jury, up to 12 months in jail and a fine of up to $2,500. If the previous felony was a violent felony within the last 10 years, a mandatory minimum sentence of 2 years applies; if the firearm was loaded, the mandatory minimum rises to 5 years.
Source: Va. Code § 18.2-308.2. Virginia Code § 18.2-308.2
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Beyond incarceration, a conviction results in the permanent loss of the right to possess firearms and can affect employment, housing, and professional licenses. Because of these severe consequences, mounting a well-prepared defense is critical.
Meet Your Defense Team: Mr. Sris and His Of Counsel
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. A former prosecutor with experience in criminal trial work, he is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Mr. Sris’s Of Counsel include a former Virginia State Trooper who spent 15 years in law enforcement before becoming an attorney, bringing firsthand knowledge of police investigation techniques to the defense of firearm by felon cases. Mr. Sris and his Of Counsel bring extensive combined legal experience to criminal defense in Powhatan County. Results may vary. In Powhatan County, the firm has documented 2 favorable outcomes in all reported instances.
Frequently Asked Questions
What constitutes firearm by felon in Virginia?
Under Va. Code § 18.2-308.2, it is illegal for any person convicted of a felony to knowingly and intentionally possess or transport any firearm. The term “firearm” includes any weapon that will or is designed to expel a projectile by the action of an explosion, and it also covers certain other weapons. The prosecution must prove that the defendant had a prior felony conviction and that they knowingly possessed the firearm. Even temporary handling can constitute possession under Virginia law. An experienced defense attorney examines whether the item actually qualifies as a firearm and whether the defendant’s prior conviction triggers the statute.
How does a Virginia lawyer defend against firearm by felon charges?
Defense strategies for firearm by felon in Virginia may include challenging the legality of the search that uncovered the weapon, contesting whether the defendant knew the firearm was present, and arguing that the prior conviction does not meet the statutory criteria for the mandatory minimum. An experienced attorney evaluates the specific facts—such as whether the statute’s mandatory minimum applies based on the nature of the prior offense—to craft a defense. In Powhatan County, Mr. Sris and his Of Counsel review police reports, witness statements, and forensic evidence to identify weaknesses in the Commonwealth’s case. Negotiations with the prosecutor can also seek a reduction or dismissal.
What should I do if I am facing a firearm by felon charge in Powhatan County?
Contact a criminal defense attorney immediately and invoke your right to remain silent—do not discuss the facts of the case with anyone else. The charges are serious, and early legal intervention is crucial. Preserve any evidence related to the weapon and the incident, and gather witness contact information. An attorney can help you understand the potential penalties, seek release on bail, and begin preparing a defense. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation.
Can I get bail on a firearm by felon charge in Powhatan County?
Bail is determined by a magistrate shortly after arrest and is possible for a firearm by felon charge, though the seriousness of the offense may lead to a higher secured bond or, in some cases, detention without bond. In Powhatan County, your attorney can argue for personal recognizance or a reduced bond amount at the initial appearance. If bail is denied by the magistrate, you can appeal to the Powhatan County General District Court. A lawyer familiar with local practices can present arguments to improve the likelihood of release.
What is the difference between GDC and Circuit Court in Powhatan County?
Powhatan County General District Court handles misdemeanor trials and felony preliminary hearings, while the Powhatan County Circuit Court conducts felony jury trials and hears appeals from the GDC. In a firearm by felon case, the initial proceedings—arraignment and preliminary hearing—occur in GDC. If the judge finds probable cause, the case moves to Circuit Court for trial. Defendants have an absolute right to a jury trial in Circuit Court. Mr. Sris and his Of Counsel represent clients at both court levels.
Do I need a lawyer for a firearm by felon charge?
Yes—a felony conviction can result in years of imprisonment, loss of firearm rights, and long-term collateral consequences, making professional legal representation essential. Even if you believe the evidence against you is weak, navigating Virginia’s criminal procedure without an attorney puts you at a significant disadvantage. An experienced defense lawyer can challenge the prosecution’s evidence, negotiate with the Commonwealth’s Attorney, and protect your rights throughout the case. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your situation.
Our firm provides criminal defense representation in other Virginia localities, including Fairfax County, Prince William County, Manassas City, Fairfax City, and Falls Church City.
For official statutory text, see Virginia Code § 18.2-308.2. Learn about Powhatan County court procedures at Powhatan Circuit Court.
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.