Firearm by Felon Lawyer Fauquier County, VA
A charge of possession of a firearm by a convicted felon in Fauquier County, Virginia, under Va. Code § 18.2‑308.2 is a serious felony matter. The alleged violation is prosecuted in the Fauquier County Circuit Court after an initial appearance and preliminary hearing in the Fauquier County General District Court, located at 6 Court Street, Warrenton, VA 20186. Because the Commonwealth’s Attorney for Fauquier County prosecutes these cases with substantial resources, including the possible involvement of the Virginia State Police and local law enforcement, a defense strategy that scrutinizes the constitutional and procedural framework of the arrest and the chain of custody of the alleged firearm is essential. Mr. Sris and his Of Counsel handle firearm‑by‑felon matters for clients in Warrenton, New Baltimore, Bealeton, Marshall, The Plains, and throughout Fauquier County. To discuss your situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Possession of a firearm by a convicted felon under Va. Code § 18.2‑308.2 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. A mandatory minimum 2‑year sentence applies if the predicate felony was a violent felony within 10 years; a mandatory minimum 5‑year sentence applies if the predicate felony was violent and the firearm was loaded.
Source: Va. Code § 18.2‑308.2
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
What Firearm by Felon Charges Mean in Fauquier County
A charge under Va. Code § 18.2‑308.2 makes it unlawful for a person who has been convicted of a felony to knowingly and intentionally possess or transport any firearm. For the purposes of this statute, a “firearm” is broadly defined and can include handguns, rifles, and shotguns, as well as certain inoperable weapons if they are designed or may readily be converted to expel a projectile. The law also applies to ammunition, and in some circumstances, a single bullet found in proximity to a person with a felony record can support a charge. In Fauquier County, these cases begin with an arrest or summons, after which the accused appears before the Fauquier County General District Court. Because a firearm‑by‑felon charge is a felony, the General District Court conducts a preliminary hearing to determine whether probable cause exists to send the case to the Fauquier County Circuit Court for trial. At the Circuit Court level, the accused has the right to a jury trial. The Commonwealth’s Attorney’s office prosecutes these cases with experienced trial attorneys, and the court is attentive to both public safety concerns and the defendant’s constitutional rights. Given the mandatory minimum sentences that can apply, the choice of counsel at the earliest stage can shape the entire trajectory of the matter.
Fauquier County General District Court is currently presided over by Hon. Lorrie Ann Sinclair Taylor. Court hours: Mon‑Fri 8:00AM‑4:00PM. Counsel appearing on criminal matters should plan filings accordingly.
How Mr. Sris and His Of Counsel Handle Firearm‑by‑Felon Cases
Mr. Sris and his Of Counsel team begin every firearm‑by‑felon defense by thoroughly examining the circumstances of the arrest and the evidence the Commonwealth intends to introduce. Critical questions include whether the search that uncovered the firearm was constitutionally valid, whether the item seized meets the statutory definition of a firearm under Virginia law, and whether the prosecution can prove the accused’s knowledge and possession beyond a reasonable doubt. Constructive‑possession scenarios—where the firearm is found in a vehicle or home shared with others—often raise viable factual defenses. The team scrutinizes police reports, witness statements, and forensic evidence for inconsistencies. The Of Counsel team includes a former Virginia State Trooper whose 15 years of law enforcement experience provide a firsthand understanding of police investigative techniques, which can be instrumental in identifying procedural weaknesses in the Commonwealth’s case.
Once the discovery is evaluated, Mr. Sris and his Of Counsel explore all avenues for resolving the case in the client’s favor. In some situations, the defense may present a motion to suppress evidence based on a violation of the Fourth Amendment. In others, negotiations with the prosecutor may result in an amendment to a lesser charge. If the evidence of guilt is strong, the focus shifts to mitigation—including gathering character‑witness testimony, employment records, and other material to present to the judge at sentencing. Because the mandatory‑minimum sentencing provisions of § 18.2‑308.2 hinge on the nature and recency of the predicate felony, a detailed review of the client’s criminal history is essential to determine whether those enhancements actually apply. The team’s experience in Fauquier County courts, coupled with Mr. Sris’s five‑state practice, allows them to anticipate how prosecutors and judges in the Twentieth Judicial District are likely to handle specific evidentiary and legal issues.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and brings a background as a former prosecutor to each criminal defense he undertakes. He is admitted to practice 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). He is supported by an Of Counsel team that combines extensive prosecutorial and law‑enforcement experience. The team includes a former Maryland assistant state’s attorney and a former Virginia State Trooper—attorneys who have spent years inside the very systems that now prosecute firearm‑by‑felon charges. Together, Mr. Sris and his Of Counsel bring extensive combined legal experience to every case. Results may vary.
Frequently Asked Questions
How does a Virginia lawyer defend against firearm by felon charges?
A defense attorney in Virginia will evaluate whether the search that led to the firearm’s discovery was lawful, whether the object recovered qualifies as a firearm under Va. Code § 18.2‑308.2, and whether the prosecution can prove knowing possession. Additionally, the lawyer will review the prior felony conviction for eligibility for a legal defense, such as whether the conviction has been expunged, set aside, or is otherwise not a valid predicate under the statute. Effective representation also includes exploring motions to suppress evidence, attacking chain‑of‑custody gaps, and negotiating with the Commonwealth’s Attorney for alternative resolutions where possible.
What should I do if I am facing firearm by felon charges in Virginia?
If you are facing firearm‑by‑felon charges in Virginia, do not discuss the facts of the case with anyone except your attorney, and preserve any documents or evidence that may be relevant. Contact a criminal‑defense attorney immediately so that the lawyer can begin working to protect your rights, investigate the arrest, and advise you before you make any statements to law enforcement. Early involvement can be critical to preserving defenses, gathering witness statements while memories are fresh, and evaluating potential options under Virginia’s procedural rules.
What court handles firearm by felon cases in Fauquier County, Virginia?
A firearm‑by‑felon charge is a felony and proceeds through the Fauquier County General District Court for a preliminary hearing before being transferred to the Fauquier County Circuit Court for trial. The General District Court, located at 6 Court Street, Warrenton, VA 20186, determines whether probable cause exists to certify the case to the Circuit Court. If certified, the case is set for trial in the Circuit Court, where the defendant has the right to a jury trial and all pretrial motions are heard.
What are the penalties for firearm by felon in Virginia?
A conviction under Va. Code § 18.2‑308.2 is a Class 6 felony, punishable by 1 to 5 years in prison, with a possible jury‑imposed sentence of up to 12 months in jail. Mandatory minimum sentences apply in certain cases: a 2‑year mandatory minimum if the predicate felony was violent and occurred within the previous 10 years, and a 5‑year mandatory minimum if the predicate was violent and the firearm was loaded. Because these mandatory provisions depend on the specific criminal history, Mr. Sris and his Of Counsel conduct a careful analysis of prior convictions in every case. Results may vary.
Can a convicted felon ever restore firearm rights in Virginia?
Virginia permits restoration of firearm rights through a petition to the Governor for the restoration of civil rights, but the process is discretionary and does not automatically restore the right to possess a firearm under federal law. Even after a governor’s restoration of rights, the federal prohibition under 18 U.S.C. § 922(g)(1) continues to apply unless the conviction is expunged, set aside, or pardoned in a manner that satisfies federal law. Any person with a felony conviction should speak with an attorney before attempting to regain firearm possession to avoid potential new state and federal charges.
Related Criminal Defense Pages:
Fairfax County criminal defense lawyer •
Prince William County criminal defense lawyer •
Loudoun County criminal defense lawyer •
Arlington County criminal defense lawyer •
Stafford County criminal defense lawyer
Official Virginia Sources:
Va. Code § 18.2‑308.2 •
Fauquier County Circuit Court •
Virginia Legislative Information System
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.