Firearm by Felon Lawyer Virginia Beach, VA

Being charged with firearm possession as a convicted felon in Virginia Beach is a serious felony matter that can result in prison time and a permanent criminal record. Under Va. Code § 18.2-308.2, it is unlawful for any person convicted of a felony to knowingly and intentionally possess or transport a firearm. A conviction for this offense carries a potential sentence of one to five years in prison, and enhanced mandatory minimums may apply depending on the nature of the prior felony. If you are facing such a charge in the Virginia Beach courts, you need counsel who understands both the statutory framework and how these cases are handled locally. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. bring extensive combined legal experience to defending individuals accused of firearm possession offenses in the Virginia Beach City General District Court and the Virginia Beach City Circuit Court. Our firm’s attorneys include a former prosecutor and a former Virginia State Trooper, giving us insight into how law enforcement builds these cases and how to effectively challenge the evidence. To discuss your situation and learn how we may help, request a consultation by calling (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What a Firearm by Felon Charge Means in Virginia Beach

A firearm by felon prosecution in Virginia Beach begins with an arrest and an appearance before a magistrate, who sets bond. Because it is a felony, the case is first heard in the Virginia Beach General District Court at 2425 Nimmo Parkway, Building 10B, for a preliminary hearing. If the General District Court finds probable cause, the matter is certified to the Virginia Beach Circuit Court for trial. The Circuit Court is located in the same judicial complex and handles all felony jury trials, as well as any appeals from the lower court. The Commonwealth’s Attorney for the City of Virginia Beach prosecutes the case.

Several factors can elevate the severity of a charge under § 18.2-308.2. If the prior felony conviction was for a violent felony as defined in the Virginia Code, and the offense occurred within 10 years of the prior conviction, a mandatory minimum prison term applies. Additionally, if the firearm was loaded or the defendant possessed ammunition, the mandatory minimum increases. Even without these enhancements, a Class 6 felony conviction results in the permanent loss of firearm rights and, for many, the inability to have the offense expunged under Virginia law. Those facing such a charge should act quickly to secure representation. Our firm represents individuals at every stage, from bond hearings through trial, and works to identify weaknesses in the prosecution’s case from the outset.

How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases

When you engage Law Offices Of SRIS, P.C. for a firearm by felon matter in Virginia Beach, Mr. Sris and his Of Counsel team begin by scrutinizing the circumstances of the arrest and the seizure of the firearm. Many cases turn on whether law enforcement had lawful grounds to stop, detain, or search the accused. Our team includes an attorney who served for years as a Virginia State Trooper, providing firsthand knowledge of police procedure, investigation standards, and what constitutes a constitutionally valid search. That insight is applied to examining whether the stop was justified, whether any search warrant was properly supported by probable cause, and whether any statements made by the accused were obtained in compliance with Miranda requirements.

Beyond procedural challenges, we investigate the elements of the offense itself. The prosecution must prove that the defendant was previously convicted of a felony and that the defendant knowingly and intentionally possessed the firearm. If the alleged firearm was not found on the defendant’s person, the Commonwealth must establish constructive possession, which requires proof that the defendant was aware of the presence and character of the firearm and exercised dominion and control over it. We look for evidence that someone else had access to the area, that the defendant was unaware of the firearm’s presence, or that the object in question did not meet the statutory definition of a firearm. We also explore whether the defendant’s civil rights, including the right to possess a firearm, have been restored by the Governor, a separate process that can provide a complete defense if completed prior to the charged conduct.

Throughout the case, we communicate with the prosecutor to pursue avenues for a favorable resolution. While Virginia does not permit judges to participate in plea bargaining, the Commonwealth’s Attorney may agree to amend charges under appropriate circumstances. In some instances, we may be able to negotiate a reduction to a lesser offense that avoids the mandatory minimums and severe collateral consequences. If a trial becomes necessary, our team is prepared to present a thorough defense before a jury in the Virginia Beach Circuit Court. We work toward a favorable outcome while keeping the client informed of the risks and realistic possibilities at each stage.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., established the firm in 1997 and is a former prosecutor. His background in criminal prosecution gives him a practical understanding of how the Commonwealth’s Attorney evaluates cases and what arguments are most effective when challenging the state’s evidence. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he has concentrated his practice on criminal defense matters for more than two decades.

Mr. Sris’s Of Counsel team includes attorneys with extensive criminal defense experience, including a former Virginia State Trooper whose law enforcement career provided direct familiarity with arrest procedures, evidence handling, and the investigative techniques used in firearm-related cases. The collective knowledge within the team allows the firm to build a well-prepared defense tailored to the specific facts of each client’s case. We represent individuals in Virginia Beach through our Richmond Location, and we are available to meet with clients by appointment to discuss their legal options.

Frequently Asked Questions

What constitutes unlawful possession of a firearm by a convicted felon in Virginia?

Under Va. Code § 18.2-308.2, it is illegal for a person who has been convicted of a felony to knowingly and intentionally possess or transport any firearm. The offense does not require proof that the firearm was used in a crime; mere possession is enough. The statute covers both actual possession—having the firearm on one’s person—and constructive possession, where the firearm is in an area the person controls. A conviction is a Class 6 felony, and if the prior felony was violent and within 10 years, a mandatory minimum sentence of at least two years applies. The mandatory minimum increases to five years if the firearm was loaded.

What defenses can a lawyer raise against a firearm by felon charge in Virginia Beach?

Defense strategies may include challenging the legality of the traffic stop or search that uncovered the firearm, disputing constructive possession, or demonstrating that the defendant’s firearm rights had been restored. Our team examines whether law enforcement had reasonable suspicion for a stop, whether a warrant was supported by probable cause, and whether any statements were obtained in violation of the defendant’s rights. We also investigate whether the defendant had knowledge of the firearm’s presence and whether the item meets the legal definition of a firearm. If the defendant’s civil rights, including firearm rights, were restored by the Governor before the alleged possession, that provides a complete defense.

Can a convicted felon ever regain the right to possess a firearm in Virginia?

Yes, a convicted felon may apply to the Governor of Virginia for restoration of civil rights, including the right to possess a firearm, though this is a separate legal process and is not automatic. Rights restoration is discretionary and typically requires evidence of rehabilitation and a clean record since the conviction. It does not happen as part of the criminal case itself. If rights have already been restored before a new possession charge, that restoration serves as a defense. Our firm can advise on the status of rights and, where applicable, the separate petition process.

What should I do if I am arrested for firearm possession as a felon in Virginia Beach?

If you are arrested, remain silent, ask to speak with an attorney, and do not discuss the facts of the case with law enforcement. Anything you say can be used against you. At your first appearance before the magistrate, you will be informed of the charge, and bond will be set. You should contact an experienced criminal defense lawyer as soon as possible to review the arrest circumstances and begin building your defense. Early intervention can be critical in preserving evidence and challenging the prosecution’s case.

Will I go to jail for a first-time firearm by felon charge in Virginia?

A conviction for firearm possession by a felon carries a potential prison sentence, but the actual outcome depends on the specific facts of the case, the strength of the evidence, and the defense presented. A first-time offense under § 18.2-308.2 is a Class 6 felony with a sentencing range of one to five years, though a judge or jury has the discretion to impose a jail sentence of up to 12 months instead of a prison term. However, if the prior felony was violent and within 10 years, a mandatory minimum sentence applies, which removes that discretion. Our firm works to minimize the risk of incarceration by raising factual and legal defenses and seeking charge reductions where possible.

How does a firearm by felon case move through the Virginia Beach court system?

After arrest and an initial appearance before a magistrate, a felony firearm case proceeds to a preliminary hearing in the Virginia Beach General District Court, and then, if probable cause is found, to a trial in the Virginia Beach Circuit Court. At the preliminary hearing, the Commonwealth must present evidence showing probable cause that a felony was committed and that the defendant committed it. If the court finds probable cause, the case is certified to the Circuit Court for a jury trial. The schedule for these proceedings varies, but the defendant has a right to a speedy trial. Our firm guides clients through each step and appears at all court dates.

If you have questions about a firearm by felon charge in Virginia Beach, request a consultation by contacting Law Offices Of SRIS, P.C. at (888) 437-7747.

Related criminal defense resources for Virginia:

Criminal Defense Lawyer Fairfax County VA  | 
Criminal Defense Lawyer Fairfax City VA  | 
Criminal Defense Lawyer Falls Church VA  | 
Criminal Defense Lawyer Prince William County VA  | 
Criminal Defense Lawyer Manassas City VA

Additional information:

Virginia Code Title 18.2 – Crimes and Offenses  |  Virginia Beach Circuit Court

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