Firearm by Felon Lawyer Fairfax County, VA
In Fairfax County, a charge of firearm possession by a convicted felon is a serious felony offense prosecuted under Va. Code § 18.2‑308.2. The Commonwealth’s Attorney for Fairfax County takes an active stance on these cases, and convictions can result in significant prison time and lifelong collateral consequences. If you or someone you care about is facing a firearm‑by‑felon charge, understanding the charge, the potential penalties, and the defense options available is critical. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. represent individuals charged with firearm‑by‑felon offenses in Fairfax County General District Court and Fairfax County Circuit Court, drawing on extensive combined legal experience to protect clients’ rights and pursue the most favorable outcome possible. To discuss your case, reach our firm at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Firearm by Felon Means in Fairfax County, Virginia
Under Virginia law, it is a crime for any person convicted of a felony to knowingly and intentionally possess or transport a firearm. The statute governing this offense is Va. Code § 18.2‑308.2, which classifies the violation as a Class 6 felony. The penalties are severe, and the General Assembly has imposed mandatory minimum sentences that limit judicial discretion at sentencing.
A conviction for firearm possession by a convicted felon is a Class 6 felony, punishable by one to five years in prison; if the prior felony was a violent felony as defined in § 17.1‑805 and occurred within the preceding ten years, a mandatory minimum term of two years applies.
Source: Va. Code § 18.2‑308.2. Virginia Code § 18.2‑308.2
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
In Fairfax County, these cases follow a specific path. Misdemeanor charges generally originate in the Fairfax County General District Court, but because firearm‑by‑felon is a felony, the case begins with an arrest and a bond determination by a magistrate. The defendant appears at the Fairfax County General District Court, located at 4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030, for an initial appearance and a preliminary hearing. The General District Court then determines whether probable cause exists to certify the case to the Fairfax County Circuit Court for trial. The Circuit Court has jurisdiction over all felony jury trials and guilty pleas. Throughout this process, the Commonwealth’s Attorney for Fairfax County prosecutes the case actively, often seeking the mandatory minimum sentence.
Beyond incarceration, a conviction carries lifelong indirect consequences: loss of firearm rights (which can only be restored by a gubernatorial petition after a waiting period), difficulty securing employment, and potential federal parallel prosecution under 18 U.S.C. § 922(g) if the conduct crosses state or federal lines. Such a charge demands a defense team thoroughly familiar with the local courts and the procedural subtleties of Virginia’s firearms laws.
How Mr. Sris and His Of Counsel Handle Firearm by Felon Charges
Mr. Sris and his Of Counsel approach every firearm‑by‑felon case by first examining the legality of the stop, the search, and the seizure. If law enforcement violated a client’s Fourth Amendment rights, a motion to suppress can be filed to exclude the firearm from evidence, often changing the viability of the prosecution’s case. The team also scrutinizes whether the client actually “possessed” the firearm within the legal meaning of the statute. Virginia case law requires knowing, intentional possession; constructive possession — where the weapon is found in a location to which the accused had access but not exclusive control — is a viable area of challenge. The attorneys thoroughly test the evidence linking the firearm to the client.
Because every client’s circumstances are different, Mr. Sris and his Of Counsel also explore whether the prior felony conviction is legally sufficient to trigger the § 18.2‑308.2 prohibition. Some prior convictions may have been reduced or may not qualify under relevant statutory definitions. When the evidence is strong, the focus shifts to negotiation with the Commonwealth’s Attorney to pursue a charge reduction — for example, to a misdemeanor that avoids the mandatory minimum — or to secure a disposition that minimizes collateral consequences. If the case proceeds to trial, the team prepares thoroughly, leveraging Mr. Sris’s former prosecutor experience and the Of Counsel’s broad litigation background to mount a well‑prepared courtroom defense.
About Mr. Sris and His Of Counsel Team
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor. Mr. Sris, Owner and Founder, brings firsthand insight into how the prosecution builds a case and applies it to building a vigorous defense. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he has been serving clients in Fairfax County for more than two decades.
Mr. Sris and his Of Counsel team bring extensive combined legal experience to criminal defense matters, working collaboratively to ensure each case benefits from multiple perspectives and deep local court knowledge. Results may vary. in any matter. The firm’s Fairfax location serves clients from Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, and surrounding communities; to reach the firm, call (888) 437‑7747.
Frequently Asked Questions
What is the penalty for a firearm by felon conviction in Fairfax County?
A conviction for firearm possession by a convicted felon is a Class 6 felony, carrying one to five years in prison. If the prior felony conviction was for a violent felony as defined in Va. Code § 17.1‑805 and occurred within the preceding ten years, a mandatory minimum term of two years applies. Mandatory minimum sentences mean the judge cannot suspend the sentence below that floor; the defendant must serve the entire mandatory term. After release, the individual will have permanently lost the right to possess firearms under both Virginia and federal law, unless the governor later restores those rights through a separate process.
How does a lawyer defend against a firearm by felon charge in Fairfax County?
A defense attorney examines whether law enforcement complied with constitutional requirements during the stop, search, and seizure. Suppression of the firearm may be warranted if a Fourth Amendment violation occurred. Additionally, the attorney challenges the element of knowing, intentional possession — especially in situations of constructive possession where the weapon was not found on the person. Scrutiny of the underlying felony conviction is also critical; if the prior offense does not meet the statutory definition or has been reduced, the prohibition may not apply. When appropriate, the attorney negotiates with the Commonwealth’s Attorney to seek charge amendments that avoid mandatory minimums or reduce the grading of the offense.
Can a firearm by felon charge be reduced or dismissed in Fairfax County?
A charge under Va. Code § 18.2‑308.2 may be reduced or dismissed depending on the specific facts and legal defenses available. Reduction often occurs if the prosecution’s evidence of possession is weak, if the predicate felony is legally insufficient, or if a motion to suppress is granted. In some cases, the Commonwealth’s Attorney may agree to amend the charge to a misdemeanor offense that does not carry a mandatory minimum. Because Virginia courts do not engage in formal plea bargaining under court rules, the Commonwealth’s Attorney’s charging discretion is significant; an experienced defense attorney can present mitigating factors and procedural issues that support a favorable resolution.
What should I do if I am charged with firearm by felon in Fairfax County?
You should contact a criminal defense attorney who regularly handles felony cases in Fairfax County courts. Do not discuss the details of the charge with law enforcement or anyone other than your lawyer. Exercise your right to remain silent and request to speak with an attorney during any questioning. Preserve any documents, messages, or records that may relate to the case, and follow your attorney’s guidance about court appearances. Early engagement with counsel is important because preliminary hearings in General District Court can occur quickly after arrest, and the outcome often influences the course of a Circuit Court proceeding.
Do I need a lawyer for a firearm by felon charge in Fairfax County?
Yes, retaining an experienced criminal defense lawyer for a firearm‑by‑felon charge is strongly advisable. A felony conviction triggers mandatory minimum sentences and permanent loss of firearm rights, and the Commonwealth’s Attorney for Fairfax County routinely prosecutes these cases with vigor. A lawyer familiar with the local judiciary, the specific evidentiary standards for firearms possession under Virginia law, and the procedural rules of the General District and Circuit Courts can identify issues that an unrepresented individual might overlook. Legal representation also provides access to investigation resources and negotiation channels that can materially affect the outcome of the case.
What are the long‑term consequences of a firearm by felon conviction in Virginia?
A conviction permanently strips the individual of the right to possess, transport, or purchase firearms under both Virginia and federal law. Restoration of firearm rights requires a gubernatorial petition, which is not automatically granted and involves a thorough background review. The conviction also creates a permanent felony record that can affect employment opportunities, professional licensing, housing applications, and eligibility for certain government benefits. If the conduct involves a firearm transported across state lines, federal prosecutors may bring an additional charge under 18 U.S.C. § 922(g), which carries its own lengthy sentence and additional federal firearm disability.
Our firm represents clients throughout Northern Virginia. Learn more about our criminal defense practice in Prince William County, Stafford County, Fauquier County, Loudoun County, and Arlington County.
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