Firearm by Felon Lawyer Arlington County
If you face a firearm by felon charge in Arlington County, you need a lawyer who knows Virginia law and local courts. This is a serious felony under Virginia Code § 18.2-308.2 with a mandatory minimum sentence. Law Offices Of SRIS, P.C.—Advocacy Without Borders. defends these charges aggressively. Our Arlington County Location provides direct access to the courthouse and prosecutors. (Confirmed by SRIS, P.C.)
Statutory Definition of a Firearm by Felon Charge
Virginia Code § 18.2-308.2 — Class 6 Felony — Mandatory minimum five-year prison sentence. This statute makes it illegal for any person convicted of a felony to knowingly possess, transport, or carry any firearm. The law applies in Arlington County and across Virginia. The charge is not about using the gun but simply having it. The prosecution must prove you are a convicted felon and you possessed a firearm. Possession can be actual or constructive, meaning you had control over it.
This law is strictly enforced in Arlington County. The definition of a firearm is broad under Virginia law. It includes any weapon designed to expel a projectile by action of an explosion. This covers pistols, revolvers, rifles, and shotguns. Antique firearms are a potential exception, but this is a narrow defense. The law also prohibits possession of ammunition by a convicted felon. A separate charge can be filed for ammunition possession.
The statute has specific exemptions for certain restored rights. If your civil rights have been fully restored by the Governor of Virginia, you may be exempt. This restoration must be explicit and documented. Federal law also restricts firearm possession for felons. A Virginia restoration may not protect you from federal charges. You need a lawyer to analyze your specific status.
What constitutes “possession” under this law?
Possession means physical control or the power to control the firearm. Actual possession is having the gun on your person. Constructive possession means you knew of the gun’s presence and had dominion over it. For example, a gun found in your car or home may lead to charges. The prosecution must prove you knew the gun was there. Mere proximity is not enough for a conviction.
Does the type of prior felony conviction matter?
The type of prior felony conviction can impact sentencing. All felonies trigger the prohibition under § 18.2-308.2. However, a prior violent felony may lead to a longer sentence. The judge considers your entire criminal history at sentencing. A non-violent felony from years ago is still a qualifying conviction. The key is the conviction itself, not the details of the old crime.
Are there any legal exceptions to this charge?
Legal exceptions are very limited under Virginia law. The primary exception is a full restoration of civil rights by the Governor. Some exceptions exist for certain antique firearms. Law enforcement officers acting in their official duty are exempt. A person may have a defense if the firearm was discovered during an illegal search. An attorney must examine the facts of your case for potential exceptions. Learn more about Virginia legal services.
The Insider Procedural Edge in Arlington County
Your case will be heard at the Arlington County Circuit Court located at 1425 N. Courthouse Road, Arlington, VA 22201. This court handles all felony firearm charges in the county. The building is modern but the procedures are formal. Judges here expect attorneys to be prepared and precise. Filing fees and procedural specifics for Arlington County are reviewed during a Consultation by appointment at our Arlington County Location.
The timeline for a felony firearm case is critical. An indictment typically follows a preliminary hearing in General District Court. The case then moves to Circuit Court for trial or plea. The entire process can take several months to over a year. Missing a court date results in a bench warrant for your arrest. Your lawyer must manage all deadlines and filings.
Local prosecutors in Arlington County take gun charges seriously. The Commonwealth’s Attorney’s Location has a dedicated firearms unit. They often seek the mandatory minimum sentence. Early intervention by your defense attorney is crucial. Negotiations may happen before formal indictment. The procedural posture of your case dictates the defense strategy.
What is the typical timeline for a felony gun case?
A typical case takes nine to fifteen months from arrest to resolution. The initial hearing is within days of your arrest. A preliminary hearing occurs within a few months. The Circuit Court arraignment follows the indictment. Motions and trial preparation add significant time. Your lawyer can explain the expected timeline for your specific situation.
What court costs and fees should I expect?
Court costs for a felony conviction in Arlington County can exceed $1,000. These are separate from any fines imposed by the judge. Costs cover clerk fees, sheriff fees, and court-appointed attorney fees if applicable. You are responsible for these costs even if you receive jail time. An experienced lawyer can sometimes negotiate to reduce or waive certain costs. Learn more about criminal defense representation.
How does the Arlington County court handle bond for this charge?
Bond for a firearm by felon charge is often denied or set high. Judges consider you a flight risk and a danger to the community. A secured bond requiring cash or property is common. Your criminal history heavily influences the bond decision. A defense lawyer can argue for a reasonable bond at a hearing.
Penalties & Defense Strategies for a Prohibited Person Gun Charge
The most common penalty range is the mandatory five-year prison sentence with additional fines. Virginia law sets a strict minimum for this offense. Judges have limited discretion to go below five years. The maximum prison sentence is five years for a Class 6 felony. However, sentencing can be enhanced based on prior records.
| Offense | Penalty | Notes |
|---|---|---|
| Firearm Possession by Convicted Felon (First Offense) | Mandatory 5-year prison sentence | Class 6 Felony; fine up to $2,500 |
| Firearm Possession by Convicted Felon (Subsequent Offense) | Mandatory 5-year prison sentence | Class 6 Felony; fine up to $2,500; prior conviction enhances sentencing guidelines |
| Possession of Ammunition by Convicted Felon | Up to 5 years in prison | Class 6 Felony; separate charge under § 18.2-308.2 |
| Possession of a Firearm While in Possession of Drugs | Mandatory 2-year sentence consecutive to other penalties | Separate charge under § 18.2-308.4(C) |
[Insider Insight] Arlington County prosecutors rarely offer deals below the mandatory minimum for a straight felony possession charge. Their focus is on securing the five-year sentence. However, they may consider alternatives if there are significant evidentiary problems. The strength of the search and seizure is often the key to negotiation. An attorney must attack the legality of the evidence from the start.
Defense strategies must be aggressive and immediate. The first line of defense is challenging the legality of the search. If the police lacked probable cause, the gun may be suppressed. Another strategy is attacking the proof of possession. The prosecution must link you directly to the firearm. We also examine the validity of the prior felony conviction. Any defect in the prior judgment can be used.
What are the long-term consequences of a conviction?
A conviction results in the permanent loss of your right to possess firearms. You will face significant barriers to employment and housing. You cannot vote unless your rights are restored. The felony record will appear on background checks forever. Professional licenses will be revoked or denied. Learn more about DUI defense services.
Can I avoid the mandatory five-year prison sentence?
Avoiding the mandatory sentence is difficult but not impossible. The primary way is to win the case at trial or get the charge dismissed. A plea to a lesser, non-mandatory offense may be an option. This requires negotiation based on weak evidence. The judge has no power to suspend the mandatory minimum if you are convicted under § 18.2-308.2.
How does a prior record affect the sentence?
A prior record dramatically affects the sentencing guidelines. Prior violent felonies will push the recommended sentence higher. The judge may impose a sentence above the five-year minimum. A clean record aside from the qualifying felony can be a mitigating factor. Your lawyer will present your full history to argue for the lowest possible sentence.
Why Hire SRIS, P.C. for Your Arlington County Firearm Charge
Our lead attorney for firearm cases has over a decade of trial experience in Virginia courts. He understands the technical defenses required for gun charges. He has handled numerous motions to suppress evidence in Arlington County. His knowledge of local prosecutors is a direct advantage for your case.
SRIS, P.C. provides defense for prohibited person gun charges in Arlington County. Our Location is strategically positioned to serve clients in Northern Virginia. We assign a dedicated legal team to analyze every aspect of your case. We review police reports, witness statements, and forensic evidence. We identify procedural errors that can lead to dismissed charges.
Our approach is based on preparation and confrontation. We file pre-trial motions to challenge the prosecution’s evidence. We prepare every case as if it is going to trial. This readiness gives us use in negotiations. We communicate with you clearly about your options and the likely outcomes. You will know the strategy for your defense. Learn more about our experienced legal team.
Localized FAQs for a Felon with Firearm Defense Lawyer Arlington County
What should I do if I am arrested for this charge in Arlington County?
Remain silent and request a lawyer immediately. Do not discuss the case with anyone except your attorney. Contact SRIS, P.C. for a Consultation by appointment. We will begin building your defense from the first phone call.
How quickly do I need to hire a lawyer?
You should hire a lawyer as soon as possible after arrest. Early intervention can protect your rights during questioning. It also allows your attorney to secure evidence and witness statements before they are lost.
Can a felony firearm charge be reduced to a misdemeanor?
It is very rare for this felony to be reduced to a misdemeanor. The charge is defined by statute as a felony. A plea agreement may involve a different, lesser felony charge. The specifics depend on the evidence and your history.
Will I go to jail immediately after an arrest?
You will be held until a bond hearing if arrested for this charge. Bond is often denied or set high for firearm offenses. A lawyer can argue for your release at a bond hearing scheduled soon after arrest.
What is the difference between state and federal charges for this?
State charges are prosecuted under Virginia law in Arlington County Circuit Court. Federal charges are prosecuted by the U.S. Attorney in federal court. Federal penalties are often more severe. You can be charged by both state and federal authorities for the same act.
Proximity, CTA & Disclaimer
Our Arlington County Location provides direct access to the courthouse for clients facing firearm charges. Procedural specifics for Arlington County are reviewed during a Consultation by appointment at our Location. Consultation by appointment. Call 888-437-7747. 24/7.
Law Offices Of SRIS, P.C.
—Advocacy Without Borders.
Phone: 888-437-7747
Past results do not predict future outcomes.