Firearm by Felon Lawyer Alexandria
If you are a felon charged with a firearm offense in Alexandria, you face a mandatory minimum prison sentence. A Firearm by Felon Lawyer Alexandria from Law Offices Of SRIS, P.C. —Advocacy Without Borders. can challenge the prosecution’s evidence and protect your rights. The charge is a Class 6 felony under Virginia law with severe penalties. (Confirmed by SRIS, P.C.)
Statutory Definition of a Felon in Possession Charge
The primary statute is Virginia Code § 18.2-308.2 — Class 6 Felony — Maximum penalty of five years in prison. This law makes it illegal for any person convicted of a felony to knowingly possess any firearm. The statute applies to any firearm, including handguns, rifles, and shotguns. It also covers ammunition and any component parts of a firearm. The law is strictly enforced in Alexandria City.
Virginia law defines a “firearm” broadly under § 18.2-308.2:2. This includes any weapon designed to expel a projectile by action of an explosion. The definition covers antique firearms and those with a broken or missing component. The prosecution must prove you had actual or constructive possession. Constructive possession means you had dominion and control over the firearm.
Another relevant statute is Virginia Code § 18.2-308.1:1. This prohibits possession of a firearm while in possession of certain controlled substances. This can be an additional or alternative charge in Alexandria. The penalties for this offense are also severe. Understanding the exact code section you are charged under is critical for your defense.
What is the mandatory minimum sentence for this charge?
The mandatory minimum sentence is two years in prison. Virginia Code § 18.2-308.2 imposes this for any conviction. This minimum applies regardless of the circumstances of the case. Judges in Alexandria have no discretion to suspend this portion of the sentence. This makes early and aggressive defense essential.
Does the type of prior felony conviction matter?
Yes, the nature of the prior felony can impact the charge. A prior violent felony conviction leads to enhanced penalties. The prosecution will use your entire criminal history against you. An Alexandria defense lawyer must review the specifics of your prior record. Certain out-of-state convictions may also qualify under Virginia law.
What constitutes “possession” under the law?
Possession can be actual or constructive under Virginia law. Actual possession means the firearm was on your person. Constructive possession means you knew of the firearm and had control over it. This could apply if a gun was found in a car you were driving. The prosecution must prove knowledge and control beyond a reasonable doubt.
The Insider Procedural Edge in Alexandria City
Your case will be heard at the Alexandria General District Court located at 520 King Street, Alexandria, VA 22314. All felony charges begin with a preliminary hearing in this court. The judge determines if there is probable cause to certify the charge to circuit court. The filing fee for an appeal to circuit court is specific to Alexandria City. Procedural specifics for Alexandria are reviewed during a Consultation by appointment at our Alexandria Location.
The Alexandria Circuit Court is at 520 King Street, Alexandria, VA 22314. This is the same building as the General District Court. Felony trials and sentencing occur in the Circuit Court. The local prosecutors in Alexandria are experienced and aggressive. They pursue firearm charges against prohibited persons vigorously.
The timeline from arrest to trial can be several months. The preliminary hearing must be held within a set period after arrest. Your attorney must file motions and secure evidence quickly. Delays can harm your defense strategy. Having a lawyer familiar with the Alexandria court docket is a major advantage.
What is the court process for a felony gun charge?
The process starts with an arraignment and bond hearing in General District Court. A preliminary hearing is then scheduled to review the evidence. If probable cause is found, the case is certified to the Circuit Court. A grand jury may then issue an indictment. The final trial and sentencing happen in Alexandria Circuit Court. Learn more about Virginia legal services.
How long does a typical case take to resolve?
A typical felony firearm case can take nine to fifteen months to resolve. The preliminary hearing stage may last a few months. The Circuit Court process involves multiple pre-trial hearings and motions. Complex cases with evidentiary challenges can take longer. An experienced lawyer can sometimes expedite certain procedural steps.
Penalties & Defense Strategies for Alexandria
The most common penalty range is two to five years of incarceration. Virginia law sets a two-year mandatory minimum prison sentence. The maximum for a Class 6 felony is five years in prison. Fines can be up to $2,500. The judge has discretion on the sentence above the mandatory minimum.
| Offense | Penalty | Notes |
|---|---|---|
| Felon in Possession of Firearm (First Offense) | 2-5 years prison, up to $2,500 fine | Mandatory 2-year minimum; loss of civil rights. |
| Felon in Possession of Firearm (Subsequent Offense) | 5-year mandatory minimum prison | Class 5 felony under § 18.2-308.2. |
| Possession of Firearm while in Possession of Drugs | 1-5 years prison, up to $2,500 fine | Separate charge under § 18.2-308.1:1; mandatory minimum may apply. |
| Possession of Ammunition by a Felon | Same as firearm possession | Treated identically under Virginia law. |
[Insider Insight] Alexandria Commonwealth’s Attorneys prioritize firearm cases involving prior felons. They rarely offer favorable plea deals without significant evidentiary problems. They will push for the mandatory minimum sentence. Your defense must attack the search, the possession element, or the firearm’s operability.
Effective defense strategies challenge the legality of the search. The Fourth Amendment protects against unreasonable searches and seizures. If the police lacked a warrant or probable cause, the evidence can be suppressed. Another strategy is to challenge whether the item was a functional firearm. The prosecution must prove the weapon was designed to expel a projectile.
You can also challenge the knowledge element of possession. The prosecution must prove you knew the firearm was present. This is difficult if the gun was found in a shared space. An experienced criminal defense representation lawyer will investigate all angles.
What are the long-term consequences of a conviction?
A conviction results in a permanent felony record. You will lose your right to vote and possess firearms forever. It will severely limit employment and housing opportunities. You may face difficulties obtaining professional licenses. The social stigma of a felony firearm conviction is significant.
Can the mandatory minimum sentence be avoided?
Avoiding the mandatory minimum requires defeating the charge entirely. This can be done through dismissal, acquittal, or a plea to a lesser offense. A reduction to a misdemeanor charge may be possible in rare cases. Success depends on the strength of the defense’s legal arguments. An Alexandria firearm charge lawyer can assess the possibilities in your case.
Why Hire SRIS, P.C. for Your Alexandria Firearm Charge
Our lead attorney for firearm cases is a former law enforcement officer with deep knowledge of evidence procedures. This background provides a critical advantage in challenging police searches and seizures. Our team understands how prosecutors build these cases from the inside. We use that knowledge to dismantle the Commonwealth’s evidence against you.
Attorney Background: Our primary litigators have decades of combined trial experience in Virginia courts. They have handled numerous felony firearm possession cases in Alexandria. They are familiar with the local judges and prosecutors. Their focus is on achieving the best possible outcome for each client. Learn more about criminal defense representation.
SRIS, P.C. has a dedicated team for complex felony defenses. We assign multiple attorneys to review every case detail. We investigate the arrest circumstances, the chain of evidence, and witness statements. We file aggressive pre-trial motions to suppress evidence. Our goal is to create use for negotiations or to win at trial.
Our Alexandria Location is staffed with lawyers who know the city’s legal area. We provide our experienced legal team for your defense. We offer a Consultation by appointment to review the charges against you. We explain the process and your options in clear terms. We fight for your rights from the first court appearance to the final verdict.
Localized FAQs for Alexandria Firearm Charges
What should I do if I am arrested for a firearm charge in Alexandria?
Remain silent and request a lawyer immediately. Do not answer any police questions without an attorney present. Contact SRIS, P.C. as soon as possible to begin building your defense.
How does a prior felony from another state affect my Virginia case?
Virginia prosecutors will treat an out-of-state felony conviction as a qualifying prior. They will use it to charge you under § 18.2-308.2. Your lawyer must examine the foreign conviction’s compatibility with Virginia law.
Can I get bail on a felon in possession charge in Alexandria?
Bail is determined at a bond hearing. Judges consider flight risk, danger to the community, and your criminal history. An attorney can argue for reasonable bail conditions at your hearing.
What is the difference between state and federal charges for this offense?
Federal charges under 18 U.S.C. § 922(g) carry longer mandatory sentences. Federal prosecutors may take cases with interstate commerce elements. You need a lawyer experienced in both state and federal courts.
Will this charge affect my probation or parole from a previous sentence?
Yes, a new firearm charge will likely lead to a probation or parole violation hearing. This can result in the revocation of your release and imposition of your suspended sentence.
Proximity, CTA & Disclaimer
Our Alexandria Location serves clients throughout Alexandria City. We are situated to provide accessible legal support for your court dates at 520 King Street. The local legal community recognizes our firm for its vigorous defense work.
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