Firearm by Felon Lawyer Dinwiddie County, VA
The knock at the door came before sunrise. Dinwiddie County deputies had a warrant. Now you face a firearm possession by a convicted felon charge under Virginia Code § 18.2‑308.2—a felony that can send you to prison. You are not sure what happens next or who to call. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. We represent people in Dinwiddie County confronting serious weapon charges, and we start by listening to what happened. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
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ToggleDefenses in Firearm by Felon Cases
A firearm by felon charge is not a foregone conclusion. Several defense avenues may be available, and Mr. Sris and his Of Counsel examine every one. One common defense challenges whether the item meets the legal definition of a “firearm” under Virginia law. Another challenges whether the accused actually “possessed” the weapon—constructive possession (the weapon was found in a car or home shared with others) is often contested. The Commonwealth must also prove the defendant knew the item was a firearm and that the underlying felony disqualifies the person. If the prior felony does not fall within the definition in § 17.1‑805, the mandatory minimum sentence may not apply.
Procedural defenses also matter. An illegal stop, an unconstitutional search, or a flawed warrant can lead to suppression of the weapon. Mr. Sris and his Of Counsel scrutinize every step of the investigation. They also negotiate with the Dinwiddie County Commonwealth’s Attorney when an amendment or dismissal is appropriate. Because Mr. Sris is a former prosecutor, he knows how the other side builds its case and where weaknesses often emerge.
What to Expect in Dinwiddie County Courts
After an arrest, you go before a magistrate who sets bond. For a felony weapon charge, bond is typically a secured bond—you may need a bail bondsman. The first court appearance is an arraignment in the Dinwiddie County General District Court, where the judge advises you of the charge and your right to counsel. Because firearm by felon is a felony, the General District Court holds only a preliminary hearing, not a trial. If the judge finds probable cause, the case is certified to the Dinwiddie County Circuit Court, where you have an absolute right to a jury trial.
Mr. Sris and his Of Counsel appear regularly in Dinwiddie County courts. They understand the courtroom rhythms and the expectations of the judges and prosecutors. The timeline from arrest to trial depends on the court’s calendar and the complexity of the case, but early preparation of motions and investigation can shape the outcome long before a jury is seated.
Penalties for Firearm by Felon in Virginia
Under Va. Code § 18.2‑308.2, possession of a firearm by a convicted felon is a Class 6 felony, punishable by a term of imprisonment of not less than one year nor more than five years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.
Source: Va. Code § 18.2‑308.2(A). Virginia Law
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
If the person was previously convicted of a violent felony as defined in § 17.1‑805 and that conviction occurred within the preceding 10 years, a mandatory minimum sentence of two years applies. If the firearm was loaded, the mandatory minimum rises to five years.
Source: Va. Code § 18.2‑308.2(B). Virginia Law
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
A conviction for firearm by felon also carries collateral consequences: loss of voting rights, difficulty finding employment, and a permanent criminal record. In many cases, a federal charge under 18 U.S.C. § 922(g)(1) may follow, with its own separate exposure to lengthy imprisonment and no possibility of parole. For a more complete statutory breakdown, see our comprehensive analysis on srislawyer.com.
Mr. Sris and His Of Counsel Team
Mr. Sris founded Law Offices Of SRIS, P.C. in 1997 after serving as a prosecutor. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His firsthand trial experience gives him insight into how the Commonwealth builds a firearm‑by‑felon case—and where the defense can most effectively push back. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Mr. Sris works closely with his Of Counsel team, which includes a former Virginia State Trooper who spent 15 years enforcing the state’s laws on the road and in investigations. That background means the team understands police procedures, search protocols, and the investigative techniques used by law enforcement agencies. Your case benefits from a collective perspective that spans both sides of the courtroom.
Frequently Asked Questions
What is the penalty for firearm by felon in Dinwiddie County, Virginia?
Possession of a firearm by a convicted felon is a Class 6 felony in Virginia, carrying one to five years in prison or up to 12 months in jail at the discretion of the jury. Mandatory minimum sentences apply if the prior felony was violent: two years (unloaded firearm) or five years (loaded firearm). A felony conviction also results in loss of firearm rights and a permanent criminal record. Because of the serious consequences, working with an experienced defense team is critical.
Can a firearm by felon charge be reduced or dismissed in Virginia?
Yes, a firearm by felon charge can be dismissed if the evidence is suppressed or the Commonwealth cannot prove an element of the offense, and it may be reduced through negotiation with the prosecutor. For example, if the weapon was discovered during an unconstitutional search, a motion to suppress may result in the prosecution dropping the charge. In other cases, the Commonwealth’s Attorney may agree to amend the charge to a lesser offense if the facts support it. Each case is unique; results depend on the specific facts and the skill of your defense.
Do I need a lawyer for a firearm by felon charge in Dinwiddie County?
Yes, you need an experienced criminal defense lawyer because a felony conviction can lead to prison time, a mandatory minimum sentence, and a lifetime loss of firearm rights. A lawyer can challenge the evidence, file motions to suppress, negotiate with the prosecutor, and prepare the case for trial in Dinwiddie County Circuit Court. Mr. Sris and his Of Counsel team have handled weapon charges across Virginia and are familiar with local court procedures. Reach our firm at (888) 437‑7747 to discuss your situation.
How does a lawyer defend against firearm by felon charges in Virginia?
Defense strategies include challenging the legality of the search and seizure, disputing that the accused actually possessed the firearm, and arguing that the prior felony does not trigger the firearm prohibition. An attorney may also present evidence that the defendant did not know the item was a firearm, or that the prior conviction was for a non‑violent offense that falls outside the mandatory minimum. Because Virginia law allows jury discretion to reduce a Class 6 felony to a jail term, a strong presentation at trial can make a meaningful difference.
What should I do if I am arrested for firearm by felon in Dinwiddie County?
If you are arrested, stay silent aside from providing basic identification, ask to speak with an attorney, and do not discuss the facts with anyone until you have legal representation. Anything you say to law enforcement can be used against you. Contact an attorney as soon as possible so that bond can be addressed and the investigation can be controlled from the start. The earlier a defense is mounted, the more options may be available.
How does the court process work for a felony firearm charge in Dinwiddie County?
The case begins with an arrest and initial appearance before a magistrate, followed by a preliminary hearing in the General District Court and, if probable cause is found, a trial in the Circuit Court. At the preliminary hearing, the judge determines whether there is enough evidence to send the case to the Circuit Court, where a jury trial is available. The timeline varies based on the court’s calendar, but the defense team can file pre‑trial motions at any stage to challenge the evidence.
What are the collateral consequences of a firearm by felon conviction?
A conviction can result in losing the right to vote, difficulty finding employment, professional license restrictions, and a permanent criminal record that cannot be expunged. In addition, federal law prohibits anyone convicted of a felony from possessing a firearm, and a federal charge under 18 U.S.C. § 922(g)(1) is a separate risk. The lifetime disability and social stigma often outweigh the immediate sentence, making a vigorous defense essential.
Speak with a Firearm by Felon Lawyer in Dinwiddie County
If you or a family member has been charged with firearm possession by a felon, call Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Mr. Sris and his Of Counsel team serve clients from Dinwiddie, McKenney, and throughout the county. Our Richmond location represents clients at the Dinwiddie County courts. We answer the phone responsive, and consultations are by appointment.
Primary sources: Virginia Code § 18.2‑308.2 | Dinwiddie County Combined Courts
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