Firearm by Felon Lawyer Prince William County, VA
Facing a charge for possession of a firearm by a convicted felon under Virginia Code § 18.2‑308.2 can alter the course of your life. Law Offices Of SRIS, P.C. defends individuals in Prince William County against this serious felony accusation, which carries a potential prison sentence of one to five years and a mandatory minimum of two years if the underlying felony was violent. Mr. Sris, a former prosecutor who founded the firm in 1997, and his Of Counsel appear regularly in the Prince William County General District Court and Circuit Court. Whether the charge stems from a traffic stop in Manassas or a search in Woodbridge, early legal guidance matters. Reach Law Offices Of SRIS, P.C. at (888) 437‑7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Firearm by Felon Charges Mean in Prince William County
Under Va. Code § 18.2‑308.2, any person convicted of a felony who knowingly and intentionally possesses or transports a firearm commits a Class 6 felony. The mandatory minimum prison term rises to two years if the prior felony was a violent offense as defined by Virginia law, and to five years if the prior violent felony conviction occurred within ten years and the firearm was loaded. These statutory minimums remove ordinary sentencing discretion from the court, making the stakes extremely high from the moment of arrest.
In Prince William County, the Commonwealth’s Attorney prosecutes firearm‑by‑felon cases vigorously, often as part of broader efforts to reduce gun violence. The Prince William County General District Court, located at 9311 Lee Avenue, Suite 230, Manassas, VA 20110, conducts initial appearances and preliminary hearings for felony charges. If the court finds probable cause, the matter moves to the Prince William County Circuit Court for trial or disposition. Our Fairfax Location represents clients at both courts, providing continuity from the first appearance through any trial or negotiated resolution. Mr. Sris and his Of Counsel have extensive experience with the local procedures and the expectations of the prosecutors and judges who handle these matters.
How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases
Defending a firearm‑by‑felon charge requires a methodical review of the arrest and evidence. Mr. Sris and his Of Counsel examine whether the stop or search complied with constitutional requirements, whether the state can prove knowing possession of the firearm, and whether the prior felony conviction is a qualifying offense under § 18.2‑308.2. The team also scrutinizes the chain of custody of any firearm or ammunition introduced as evidence. A factual weakness in any of these elements can lead to a motion to suppress or, in some instances, a dismissal of the charge.
The firm’s approach also includes engaging early with the Commonwealth’s Attorney to explore alternatives. While the mandatory minimums constrain plea negotiations, effective advocacy can sometimes result in an amendment to a lesser offense if the facts support it. Mr. Sris draws on his background as a former prosecutor to anticipate the state’s strategy, while his Of Counsel include a former Virginia State Trooper who offers practical insight into law enforcement procedures. This dual perspective helps build a well‑prepared defense. Mr. Sris and his Of Counsel bring extensive combined legal experience. Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced criminal law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, he built the firm on the principle that every client deserves a thorough and prepared defense. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a measure that updated Virginia family law. His Of Counsel share his commitment to active, detail‑oriented representation and include a former Virginia State Trooper whose inside knowledge of police procedures strengthens defense strategies across the firm’s criminal practice.
The firm maintains its Fairfax Location at 4008 Williamsburg Court, Fairfax, VA 22032, and serves all of Prince William County, including Manassas, Woodbridge, Dale City, Dumfries, Gainesville, Haymarket, Lake Ridge, and Occoquan. Clients can reach the firm 24 hours a day at (888) 437‑7747.
Frequently Asked Questions
What is the penalty for possession of a firearm by a convicted felon in Virginia?
Va. Code § 18.2‑308.2 classifies possession of a firearm by a convicted felon as a Class 6 felony, punishable by one to five years in prison. A mandatory minimum of two years applies if the prior felony was a violent offense; that minimum increases to five years if the violent felony conviction occurred within ten years and the firearm was loaded. The court cannot suspend any portion of a mandatory minimum sentence, so a conviction directly results in active incarceration. Beyond imprisonment, a felony conviction also triggers a permanent loss of firearm rights and may affect employment, housing, and professional licensing.
How can a lawyer defend against a firearm by felon charge in Prince William County?
A defense attorney will first evaluate whether the police stop, search, or seizure violated your Fourth Amendment rights. If evidence was obtained unlawfully, a motion to suppress can be filed in the Prince William County General District Court or Circuit Court. Other defense avenues include challenging the state’s proof that you knowingly possessed the firearm, that the item meets the legal definition of a firearm, or that you were actually convicted of a disqualifying felony. Negotiating with the Commonwealth’s Attorney for a reduced charge, if the facts permit, is another part of the defense strategy.
Do I need a lawyer if I am charged with firearm by felon in Prince William County?
Yes, because a conviction will carry mandatory prison time and a lifelong loss of civil rights. The mandatory minimum provisions of Va. Code § 18.2‑308.2 mean that even a first‑time offender with no violent history may face incarceration. A criminal record also affects future opportunities for employment, housing, and the restoration of firearm rights, which in Virginia requires a successful petition for a restoration of rights from the governor after completing all terms of incarceration and supervision. Experienced legal counsel can identify issues in the state’s case that may not be apparent to a layperson.
What happens after an arrest for firearm by felon in Prince William County?
After arrest, you will appear before a magistrate for a bond determination. The magistrate sets bond based on factors such as ties to the community, criminal history, and the nature of the charge. If the magistrate denies bond or sets a secured bond that you cannot post, your attorney can request a bond appeal in the Prince William County General District Court. A preliminary hearing in that court will determine whether probable cause exists to send the case to the Prince William County Circuit Court for trial. The timeline from arrest to trial depends on court scheduling and the complexity of the matter.
Can a firearm by felon charge be reduced or dismissed in Prince William County?
A charge may be dismissed if the prosecution cannot prove each required element beyond a reasonable doubt, or if evidence is suppressed. For example, if the firearm was discovered during an unconstitutional search or if the state cannot establish that you knew about the firearm’s presence, a dismissal or reduction may be possible. In some situations, the Commonwealth’s Attorney may agree to amend the charge to a misdemeanor if the facts are weak or if you provide substantial cooperation in another matter. An experienced attorney will evaluate the specific evidence in your case to determine whether a favorable outcome is achievable.
Navigating other criminal defense needs in Northern Virginia? Our firm also serves clients in neighboring counties:
- Criminal Defense Lawyer in Fairfax County
- Criminal Defense Lawyer in Stafford County
- Criminal Defense Lawyer in Fauquier County
- Criminal Defense Lawyer in Loudoun County
- Criminal Defense Lawyer in Arlington County
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.