Firearm by Felon Lawyer Louisa County, VA
You were stopped by law enforcement in Louisa County, and officers found a firearm in your possession. Now you are charged under Virginia Code § 18.2‑308.2—possession of a firearm by a convicted felon. It is a Class 6 felony that can carry a mandatory minimum prison term of two to five years, depending on your prior record. A conviction means incarceration, the permanent loss of your right to own a firearm, and a felony record that follows you for life. The Commonwealth’s Attorney prosecutes these cases actively in Louisa County Circuit Court. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel team bring extensive combined experience to firearm‑by‑felon defense. Reach our location at (888) 437‑7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Firearm by Felon Charges in Louisa County, Virginia
Virginia Code § 18.2‑308.2 makes it unlawful for any person previously convicted of a felony to knowingly and intentionally possess or transport a firearm. The offense is a Class 6 felony, punishable by one to five years in prison—or up to twelve months in jail at the discretion of a jury. If the prior felony was a crime of violence under § 17.1‑805 and occurred within the last ten years, a mandatory minimum sentence of two years applies; if the firearm was loaded, the mandatory minimum increases to five years. These mandatory terms cannot be suspended by the judge.
In Louisa County, a felony firearm charge begins in the Louisa County General District Court, where a preliminary hearing determines whether probable cause exists to send the case to the Louisa County Circuit Court for trial. The Circuit Court handles all felony trials, and you have an absolute right to a jury trial for any offense that carries potential jail time. The court sits at 100 West Main Street, Louisa, VA 23093. Cases are prosecuted by the Louisa County Commonwealth’s Attorney’s Office. Because Virginia permits plea negotiations—while the judge does not participate—early representation can influence whether prosecutors agree to amend or reduce the charge.
A conviction under § 18.2‑308.2 has collateral consequences beyond prison: you lose your right to possess any firearm for life under federal and state law, your voting rights are suspended, and your felony record can affect employment, housing, and professional licenses. In some cases, first‑offender programs or deferred dispositions may be available to avoid a permanent felony conviction.
How Mr. Sris and His Of Counsel Handle Firearm‑by‑Felon Cases
Every firearm‑by‑felon case starts with a thorough review of the stop, the search, and the seizure. Our attorneys examine whether law enforcement had reasonable suspicion to initiate the encounter, whether any consent to search was voluntary, and whether the chain of custody of evidence was properly maintained. A firearm that was not in your actual possession—for example, found in a vehicle with multiple occupants—requires the prosecution to prove beyond a reasonable doubt that you knew the firearm was present and that you exercised dominion and control over it. Constructive‑possession arguments are a frequent defense.
We also examine whether the firearm is an operable weapon within the meaning of the statute and whether the predicate felony conviction meets the definitions set out in Virginia law. When the facts support it, our team negotiates with the Commonwealth’s Attorney to seek amendment of the charge—perhaps to a misdemeanor offense that does not trigger the same lifetime firearms prohibition. If negotiations are unsuccessful, we are prepared to try the case before a jury in Louisa County Circuit Court. Mr. Sris and his Of Counsel have documented case results in Louisa County across a range of criminal matters. Results may vary.
About Law Offices Of SRIS, P.C.
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced criminal defense since 1997. He is admitted 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). His Of Counsel team includes an attorney who served fifteen years as a Virginia State Trooper, bringing firsthand knowledge of police procedures, investigative methods, and traffic‑stop protocols to the defense of firearm‑by‑felon charges. Together, Mr. Sris and his Of Counsel provide extensive combined legal experience to clients in Louisa County and throughout Virginia. The firm has documented case results across all practice areas, and we work to achieve favorable outcomes in every matter. Results may vary.
Frequently Asked Questions
What is the penalty for possession of a firearm by a convicted felon in Virginia?
Possession of a firearm by a convicted felon is a Class 6 felony in Virginia, punishable by one to five years in prison, or up to twelve months in jail at a jury’s discretion. If the prior felony was a violent offense within the past ten years and the firearm was loaded, a mandatory minimum sentence of five years applies. Without the loaded‑firearm enhancement, the mandatory minimum is two years. Federal law also prohibits firearm possession by convicted felons under 18 U.S.C. § 922(g), which can lead to separate federal charges.
Can a felon ever regain the right to own a firearm in Virginia?
Restoration of firearm rights in Virginia is possible only through a gubernatorial petition for restoration of civil rights, followed by a separate court order specifically restoring firearm rights. The process is discretionary and not guaranteed. Even after rights are restored under state law, you must still comply with federal prohibitions unless you receive a federal restoration as well. Many people never regain their firearm rights.
Does the Commonwealth’s Attorney negotiate plea deals in Louisa County firearm cases?
Yes, Virginia law permits plea negotiations between defense counsel and the Commonwealth’s Attorney, although the judge is not a party to the bargain. In appropriate cases, the prosecutor may agree to reduce a felony firearm‑by‑felon charge to a misdemeanor that does not trigger the permanent firearms disability. Early engagement by an attorney familiar with Louisa County practice can maximize the chance of a favorable resolution.
What happens at a preliminary hearing in Louisa County General District Court?
A preliminary hearing is a probable‑cause determination: the Commonwealth must show that a crime was committed and that you are the person who committed it. If the judge finds probable cause, the case is certified to the grand jury in Louisa County Circuit Court. The preliminary hearing also provides defense counsel an opportunity to hear the Commonwealth’s evidence, cross‑examine witnesses, and develop motions to suppress evidence before trial.
How does a Virginia lawyer defend against a firearm‑by‑felon charge?
Defense strategies may include challenging the legality of the stop or search, contesting whether you knowingly possessed the firearm, disputing the operability of the firearm, and examining the validity of the predicate felony conviction. If the firearm was found in a shared space, constructive‑possession arguments are critical. Our attorneys also explore whether a confidential informant’s reliability was properly established and whether the chain of custody was broken.
What should I do if I am facing a firearm‑by‑felon charge in Louisa County?
Contact a criminal defense attorney immediately and do not discuss the case with anyone except your lawyer. Preserve any evidence that might be favorable, such as video from the stop or witness contact information. Do not post about the incident on social media. Your attorney will evaluate the charges, review the discovery, and advise you on the trusted path forward.
Will a conviction affect my immigration status?
Yes, a felony firearm conviction can trigger deportation or inadmissibility under federal immigration law. Firearm offenses are often considered aggravated felonies or crimes involving moral turpitude, which carry severe immigration consequences even for lawful permanent residents. If you are not a U.S. Citizen, it is critical that your attorney coordinate your criminal defense with immigration counsel to avoid unintended removal consequences.
How do I schedule a consultation with a Louisa County firearm‑by‑felon lawyer?
Call Law Offices Of SRIS, P.C. at (888) 437‑7747 to request a consultation. Our phones are answered 24 hours a day, and consultations are by appointment. You can also contact us through the firm’s website to schedule a time to discuss the specific facts of your case.
Related criminal defense pages: Fairfax County Criminal Lawyer | Prince William County Criminal Lawyer | Manassas Criminal Lawyer
Primary authority: Virginia Code § 18.2‑308.2 | Louisa County General District Court | Virginia Courts
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.