Firearm by Felon Lawyer Virginia

Virginia’s Statutory Definition of a Felon in Possession

Virginia Code § 18.2-308.2 defines the crime of possession of a firearm by a convicted felon. This statute is a Class 6 felony with a mandatory minimum two-year prison sentence upon conviction. The law prohibits any person who has been convicted of a felony from knowingly and intentionally possessing or transporting any firearm. The term “firearm” is broadly defined under Virginia law. It includes any weapon designed to expel a projectile by action of an explosion. This includes pistols, revolvers, shotguns, and rifles. Antique firearms are generally excluded from this prohibition.

The prosecution must prove two core elements beyond a reasonable doubt. First, the defendant must have a prior felony conviction. Second, the defendant must have knowingly and intentionally possessed a firearm. The prior felony does not need to be a violent crime. Any felony conviction triggers the prohibition. The possession can be actual or constructive. Constructive possession means the firearm was within the defendant’s dominion and control.

What constitutes “possession” under Virginia law?

Possession can be actual physical control or constructive control over the firearm. Constructive possession is established if the firearm is found in a location the defendant controls, like a home or car. The prosecution must prove the defendant knew of the firearm’s presence and had the ability to exercise control over it. Mere proximity to a firearm is insufficient for a conviction.

Does the type of prior felony matter?

Virginia law does not distinguish between types of prior felonies for this charge. Any felony conviction from any jurisdiction qualifies. This includes non-violent felonies like drug distribution or grand larceny. The conviction must be final, meaning all appeals have been exhausted.

Are there any exceptions to this law?

Very few exceptions exist. A felon may possess a firearm if their civil rights have been fully restored by the Governor of Virginia. Simple restoration of voting rights is insufficient. The Governor must specifically restore the right to possess a firearm. Federal law may still prohibit possession even with a state restoration.

The Insider Procedural Edge in Virginia Courts

Your case will be heard in the Circuit Court of the county or city where the arrest occurred. Virginia’s circuit courts have exclusive jurisdiction over felony charges, including firearm possession by a felon. The procedural path is strict and begins with a preliminary hearing in General District Court. This hearing determines if there is probable cause to certify the felony charge to the grand jury. The grand jury then decides whether to issue a true bill of indictment.

Filing fees and court costs vary by jurisdiction but are typically several hundred dollars. The procedural timeline is aggressive. An indictment must be found within five months of a direct indictment or nine months of a preliminary hearing if the defendant is held in custody. For defendants on bond, the time limits are nine months and thirteen months, respectively. These are strict speedy trial deadlines under Virginia law.

Local court rules and prosecutor tendencies differ across Virginia. In urban jurisdictions like Fairfax or Richmond, prosecutors often seek the maximum penalty. In more rural areas, negotiation may be more common, but the mandatory minimums still apply. Knowing the specific judge and Commonwealth’s Attorney handling your case is a critical advantage. SRIS, P.C. has a Location in Fairfax and attorneys familiar with courts statewide.

What is the typical timeline for a felony firearm case?

A case can take from six months to over a year to resolve, depending on motions and trial scheduling. The initial arraignment occurs shortly after indictment. Pre-trial motions, such as suppression hearings, are usually scheduled within 60-90 days. Trial dates are set by the court’s docket, often several months out. Delays can occur due to witness availability or court backlogs.

Can this charge be reduced to a misdemeanor?

Reduction to a misdemeanor is exceptionally rare due to the mandatory sentencing structure. Prosecutors have little discretion to offer a reduction that avoids the mandatory prison time. A dismissal or acquittal at trial is a more likely positive outcome than a favorable plea bargain.

Penalties & Defense Strategies for a Firearm Charge

The most common penalty is the mandatory two-year prison sentence, with a maximum of five years for a first offense. Fines can reach $2,500. The judge has no discretion to suspend the mandatory minimum prison term. This makes a pre-trial defense strategy essential. Every element of the prosecution’s case must be challenged aggressively.

[Insider Insight] Virginia prosecutors vigorously pursue these charges and rarely offer deals that avoid prison. Their strategy hinges on proving the prior felony and the act of possession. An effective defense attacks both. Challenging the legality of the search that found the firearm is a primary tactic. If the search violated the Fourth Amendment, the evidence can be suppressed. We also scrutinize the chain of custody of the firearm and the certification of the prior conviction.

What are the long-term consequences of a conviction?

A conviction results in the permanent loss of the right to possess a firearm. It creates a second felony on your record, enhancing penalties for any future offense. It can severely impact employment, housing, and professional licensing. You will also be prohibited from voting while incarcerated and on probation.

Can I avoid the mandatory prison time?

Avoiding the mandatory prison time requires preventing a conviction. This is achieved through a dismissal, a not-guilty verdict at trial, or a successful appeal. Plea agreements in these cases almost always include the mandatory incarceration. A skilled Firearm by Felon Lawyer Virginia will focus on pre-trial motions to get the case thrown out.

Why Hire SRIS, P.C. for Your Defense

Our lead attorney for these charges is a former prosecutor with deep knowledge of Virginia’s firearm laws. This experience provides an inside view of how the Commonwealth builds its cases. We know the weaknesses in their arguments and evidence. We apply this knowledge to construct a powerful defense for every client.

SRIS, P.C. dedicates resources to investigate every case thoroughly. We examine police reports, interview witnesses, and consult with ballistics experienced attorneys when necessary. We file detailed pre-trial motions to suppress evidence obtained through unlawful searches or seizures. Our goal is to create use before trial to secure the best possible outcome. We prepare every case as if it is going to trial because that is how you force the prosecution to reconsider their position.

Localized Virginia FAQs on Felon Firearm Charges

What is the mandatory sentence for a felon with a gun in Virginia?

Can a felon ever legally own a gun in Virginia?

What is constructive possession of a firearm?

Is possession of ammunition also illegal for a felon in Virginia?

What should I do if I’m arrested for this charge?

Proximity, Call to Action & Disclaimer

Past results do not predict future outcomes.