Firearm by Felon Lawyer Manassas
If you are a felon charged with a firearm offense in Manassas, you face a mandatory five-year prison sentence. You need a Firearm by Felon Lawyer Manassas immediately. Law Offices Of SRIS, P.C. —Advocacy Without Borders. can mount your defense. SRIS, P.C. understands the local courts and prosecutors. We fight these charges aggressively. Do not speak to police without an attorney. (Confirmed by SRIS, P.C.)
1. The Virginia Statute Defining Your Charge
Virginia Code § 18.2-308.2 makes it a Class 6 felony for any convicted felon to possess a firearm. The maximum penalty is five years in prison. This law is absolute. Your prior felony conviction triggers this charge. It does not matter if the gun was loaded. It does not matter if you intended to use it. Mere possession is the crime. The statute applies to any firearm. This includes pistols, rifles, and shotguns. The law also covers ammunition. The prohibition is for life unless your civil rights are restored. Restoration is a separate legal process. A conviction under this statute carries severe consequences. You will face a mandatory minimum sentence. This charge is a priority for Manassas prosecutors.
What does “possession” mean under this law?
Possession means physical control or the ability to exercise dominion. Actual possession is having the gun on your person. Constructive possession is having it in a place you control. This includes your vehicle, home, or a storage locker. The prosecution must prove you knew the firearm was present. They must also prove you knew it was a firearm. Joint possession with another person can still lead to a charge. The location of the firearm is critical evidence.
Does the type of prior felony matter?
Any prior felony conviction qualifies under this statute. It does not matter if it was a violent or non-violent felony. A felony drug conviction from ten years ago counts. A felony fraud or burglary conviction also counts. The conviction must be from any state or federal court. The prior felony does not need to be a Virginia conviction. Out-of-state felony convictions are included. The only potential defense is a pardon or rights restoration.
Can you possess a firearm after a felony conviction?
No, a felon cannot legally possess a firearm in Virginia. The prohibition is permanent. The only way to restore gun rights is through a Governor’s pardon. A pardon is rare and difficult to obtain. Automatic restoration of rights does not include firearm rights. You must have your firearm rights specifically restored. This is a separate petition to the circuit court. You need a criminal defense representation lawyer to handle this process. Do not assume your rights are restored.
2. The Manassas Court Process for a Felon with a Firearm Charge
Your case will begin at the Manassas General District Court. The Manassas General District Court is located at 9311 Lee Avenue, Manassas, VA 20110. Initial appearances and preliminary hearings happen here. The court handles misdemeanors and felony certifications. A felony charge like this starts in General District Court. The judge will determine if there is probable cause. If probable cause is found, your case is certified to the Circuit Court. The Circuit Court handles all felony trials and sentencing. You must be represented at every stage.
The procedural timeline is fast. An arrest usually leads to a bond hearing within 24 hours. Your first appearance in General District Court is your arraignment. You will enter a plea of not guilty. The court will schedule a preliminary hearing. This hearing tests the prosecution’s evidence. The Commonwealth must show probable cause. Your attorney can cross-examine witnesses at this hearing. Filing fees and court costs apply at each stage. Procedural specifics for Manassas are reviewed during a Consultation by appointment at our Manassas Location. Missing a court date results in a bench warrant. Do not miss any court appearance.
What is the court address for a firearm charge in Manassas?
The Manassas General District Court address is 9311 Lee Avenue, Manassas, VA 20110. All initial proceedings occur at this courthouse. Felony certifications move to the Prince William County Circuit Court. The Circuit Court is at 9311 Lee Avenue, Manassas, VA 20110. Both courts are in the same judicial complex. You need to know which courtroom you are in. Check your summons or warrant carefully. Arrive early for security screening.
What is the typical timeline for a felon with firearm case?
The timeline from arrest to trial is typically four to eight months. The preliminary hearing occurs within a few months of arrest. The case is certified to Circuit Court shortly after. The Circuit Court will set a trial date within several months. Motions to suppress evidence must be filed early. Your attorney needs time to investigate the arrest. Delays can happen if evidence testing is required. The prosecution must provide all discovery materials. Your right to a speedy trial is protected. A skilled DUI defense in Virginia attorney understands these timelines.
What are the filing fees and court costs?
Filing fees vary by court and motion. General District Court filing fees start around $50. Circuit Court filing fees are higher, often over $100. Motion filing fees apply for each legal document. There are also costs for jury trials. Court-appointed attorney fees may apply if you qualify. Fines are separate from court costs. You will be responsible for costs if convicted. Discuss financial obligations with your attorney early.
3. Penalties and Defense Strategies for a Prohibited Person Gun Charge
The most common penalty is the mandatory five-year prison sentence. Judges have limited discretion due to mandatory minimums. The law requires active incarceration. You will serve time in a Virginia Department of Corrections facility. Parole is abolished for crimes committed after 1995. You must serve at least 85% of the sentence. Good behavior credit is the only reduction. A Class 6 felony also carries a fine up to $2,500. The court will impose supervised probation after release. You will lose your right to vote while incarcerated. You cannot possess a firearm ever again.
| Offense | Penalty | Notes |
|---|---|---|
| Felon in Possession of Firearm (First Offense) | Mandatory 5 years prison, up to $2,500 fine | Class 6 Felony. No parole. Judge cannot suspend full term. |
| Felon in Possession of Firearm (Subsequent Offense) | Mandatory 5 years prison, up to $2,500 fine | Prior conviction under § 18.2-308.2 triggers same mandatory minimum. |
| Possession of Firearm while in Possession of Drugs | Additional mandatory 2 years prison (consecutive) | Va. Code § 18.2-308.4(C). Charges often accompany drug offenses. |
| Possession of a Sawed-Off Shotgun or Machine Gun | Mandatory 5 years prison (separate charge) | Va. Code § 18.2-300. Enhanced weapon charges compound penalties. |
[Insider Insight] Manassas prosecutors treat felon-in-possession cases severely. They rarely offer plea deals that avoid prison time. Their focus is on securing the mandatory minimum sentence. They aggressively argue against bond for defendants with violent priors. The Commonwealth’s Attorney’s Location coordinates closely with police. They use forensic evidence like fingerprint analysis. They also pursue charges for everyone in a vehicle where a gun is found. An effective defense challenges the chain of custody for the firearm. We also attack the legality of the search or stop. A our experienced legal team knows how to pressure their case.
What are the best defense strategies for this charge?
The best defense is challenging the legality of the search. The Fourth Amendment protects against unreasonable searches. If police lacked probable cause, the gun is suppressed. Evidence obtained illegally cannot be used. Another defense is attacking “possession.” You must knowingly possess the firearm. If the gun belonged to someone else, we argue that. We also examine your prior felony conviction. Errors in the record can be challenged. We scrutinize police reports for inconsistencies.
Can you avoid the mandatory five-year sentence?
Avoiding the mandatory sentence is extremely difficult. It requires a complete dismissal or not guilty verdict. A plea bargain cannot legally reduce the mandatory minimum. The prosecution cannot offer a deal for less than five years. The only statutory exception is a substantial assistance motion. This means providing help in another major prosecution. The prosecutor must file this motion. Judges almost never deviate from the mandatory law.
What happens to your driver’s license after a conviction?
A felony conviction does not automatically suspend your driver’s license. However, the court can impose license suspension as part of sentencing. This is common if the firearm was in a vehicle. The DMV may also revoke your license for being a “habitual offender.” Multiple felony convictions can trigger this. You must check your driving record after a conviction. You may need to petition the court for restricted driving privileges. A Virginia family law attorneys cannot help with this; you need a criminal lawyer.
4. Why Hire SRIS, P.C. as Your Felon with Firearm Defense Lawyer in Manassas
Our lead attorney for firearm charges is a former law enforcement officer. This background provides critical insight into police tactics. We know how officers build these cases. We know where they make procedural mistakes. We use that knowledge to dismantle the prosecution’s evidence. SRIS, P.C. has a Location in Manassas for your convenience. We are familiar with every judge and prosecutor in the Prince William County courts. We prepare every case for trial. We do not just push for a quick plea. We fight the charges head-on.
SRIS, P.C. focuses on building a strong attorney-client relationship. We explain the process clearly at every step. We respond to your questions promptly. We develop a defense strategy based on the specific facts of your arrest. We file pre-trial motions to exclude evidence. We negotiate from a position of strength because we are ready for trial. Our goal is to protect your freedom and your future. You need a Firearm by Felon Lawyer Manassas who knows the local system.
5. Localized FAQs for a Prohibited Person Gun Charge Lawyer in Manassas
What should I do if I’m arrested for a firearm charge as a felon in Manassas?
Remain silent and ask for an attorney immediately. Do not answer any police questions. Do not make any statements about the firearm or your past. Contact SRIS, P.C. as soon as possible. We will intervene at the jail or courthouse.
How long does a felon with a firearm case take in Manassas courts?
A case typically takes between six months to a year to resolve. The timeline depends on evidence analysis and court scheduling. A not guilty plea and motions can extend the process. We work to resolve your case efficiently.
Can I get bond on a felon in possession charge in Manassas?
Bond is possible but not assured. The judge considers your criminal history and ties to the community. Violent prior felonies make bond less likely. We present strong arguments for your release at the bond hearing.
What is the difference between actual and constructive possession?
Actual possession means the gun was on your person, like in your hand or pocket. Constructive possession means you had control over it, like in your car’s glove box. The prosecution must prove you knew of the gun’s presence and its nature.
Will I go to prison if convicted of this charge in Manassas?
Yes, a conviction under Virginia Code § 18.2-308.2 carries a mandatory five-year prison sentence. The judge has no legal authority to suspend this mandatory minimum. Avoiding conviction at trial is the primary defense objective.
6. Proximity, Call to Action, and Legal Disclaimer
Our Manassas Location is strategically positioned to serve clients throughout Prince William County. We are accessible from major routes like I-66 and Route 28. The Prince William County Judicial Center is minutes from our Location. This allows for quick response to court emergencies and client meetings. If you are facing a prohibited person gun charge in Manassas, you need immediate legal intervention. Do not wait for your court date to seek help. The prosecution begins building its case from the moment of your arrest.
Consultation by appointment. Call 703-273-4100. 24/7.
SRIS, P.C.
Manassas Location
Address details are provided upon scheduling your consultation.
Past results do not predict future outcomes.