Firearm by Felon Lawyer Fairfax, VA
A charge of possession of a firearm by a convicted felon under Va. Code § 18.2‑308.2 is a Class 6 felony that can carry a mandatory minimum prison sentence. In Fairfax, Virginia, the Commonwealth’s Attorney prosecutes these cases in the Fairfax County Circuit Court or the Fairfax City Circuit Court, where a conviction means a permanent felony record and the loss of firearm rights. Mr. Sris and his Of Counsel at Law Offices Of SRIS, P.C. represent individuals facing firearm‑by‑felon charges throughout Northern Virginia. Reach us at (888) 437‑7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Firearm by Felon Means in Fairfax, VA
Under Virginia law, it is a felony for any person who has been convicted of a felony to knowingly and intentionally possess or transport a firearm. The offense is defined in Va. Code § 18.2‑308.2. A first offense is a Class 6 felony, punishable by imprisonment for one to five years, or at the discretion of the jury, up to 12 months in jail and a fine of up to $2,500. If the prior felony was a violent felony and the current offense occurs within 10 years, a mandatory minimum two‑year sentence applies. The mandatory minimum rises to five years if the prior felony was violent and the firearm was loaded at the time of the offense.
In Fairfax, the case will move through either the Fairfax County Circuit Court or the Fairfax City Circuit Court, depending on where the alleged offense occurred. The Fairfax County Circuit Court is located at 4110 Chain Bridge Road, Fairfax, VA 22030. The Fairfax City Circuit Court sits at 10455 Armstrong Street, Fairfax, VA 22030. Both courts are part of the Nineteenth Judicial District. After an arrest, a preliminary hearing is typically held in the General District Court of the same jurisdiction, and then the felony charge is certified to the Circuit Court for trial. Defendants have an absolute right to a jury trial in Circuit Court for this offense.
The stakes in a firearm‑by‑felon case extend well beyond the immediate criminal penalties. A conviction results in a permanent felony record that can affect employment, housing, and professional licenses. Under 18 U.S.C. § 922(g)(1), a state felony conviction also triggers a federal firearms disability, which prohibits the person from ever possessing a firearm again. Because the charge carries mandatory minimum time under Virginia law in certain scenarios, engaging an attorney early is critical. Mr. Sris and his Of Counsel have represented clients in Fairfax Circuit Court for many years and understand the local procedures and prosecutorial expectations.
Under Va. Code § 18.2‑308.2, possession of a firearm by a convicted felon is a Class 6 felony. Mandatory minimum sentences apply when the prior felony was violent and the offense occurred within 10 years.
Source: Va. Code § 18.2‑308.2. Virginia Legislative Information System
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases
When you contact Law Offices Of SRIS, P.C. about a firearm‑by‑felon charge in Fairfax, Mr. Sris and his Of Counsel immediately begin a thorough review of the evidence. They examine the circumstances of the arrest, the seizure of the firearm, and the validity of the underlying prior felony conviction. Because Mr. Sris is a former prosecutor, he understands how the Commonwealth’s Attorney builds these cases and what evidence must be proven beyond a reasonable doubt at trial. His Of Counsel team includes a former Virginia State Trooper, whose law‑enforcement background provides insight into police procedures and potential evidentiary weaknesses.
The defense approach may include challenging the legality of the search that uncovered the firearm, questioning whether the defendant had actual or constructive possession of the weapon, or investigating whether the prior conviction qualifies as a “violent felony” that would trigger a mandatory minimum. In some cases, the defense may present mitigating circumstances to the Commonwealth’s Attorney with the goal of obtaining a reduced charge or a negotiated resolution. While every case is different, the aim is always to work toward the most favorable outcome possible under the facts and the law.
Because firearm‑by‑felon charges often involve a parallel federal investigation under 18 U.S.C. § 922(g), Mr. Sris and his Of Counsel coordinate state and federal strategy to avoid inconsistent positions that could harm the client’s interests in either forum. The firm’s multi‑state practice also means they handle cases where clients may have prior convictions in other jurisdictions, including Maryland, the District of Columbia, or New York, adding a layer of complexity that many local firms are not equipped to address.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced criminal defense since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and has testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel team brings extensive combined legal experience to every case. Results may vary.
The firm’s Of Counsel attorneys include a former Virginia State Trooper and a former Maryland prosecutor. This combination of prosecutorial and law‑enforcement experience gives the team a unique perspective when defending felony firearm charges. The firm has documented case results across all practice areas since 1997, including many favorable outcomes in Fairfax County. Results may vary.
Frequently Asked Questions
Do I need a firearm by felon lawyer in Fairfax, Virginia?
Yes, a firearm‑by‑felon charge in Fairfax is a felony that can result in mandatory minimum prison time and a permanent criminal record. The Commonwealth’s Attorney prosecutes these cases vigorously, and a conviction triggers both state penalties and a lifetime federal firearm disability. Mr. Sris and his Of Counsel have represented individuals in Fairfax Circuit Court for many years and can explain the potential defenses and the procedural steps you will face. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
What is the penalty for possession of a firearm by a felon in Virginia?
The offense is a Class 6 felony under Va. Code § 18.2‑308.2, punishable by one to five years in prison, or up to 12 months in jail and a fine at the jury’s discretion. If the prior felony was violent and the current offense occurred within 10 years, a mandatory minimum two‑year sentence applies. The mandatory minimum increases to five years if the firearm was loaded. A conviction also triggers a federal firearm prohibition under 18 U.S.C. § 922(g).
Can a felon ever get firearm rights back in Virginia?
A convicted felon may petition the Governor for a restoration of civil rights, which can include the right to possess a firearm if the governor specifically restores that right. Restoration of firearm rights is separate from the general restoration of voting and other civil rights. The process typically requires a gubernatorial petition and may involve additional steps depending on the nature of the prior felony. Mr. Sris and his Of Counsel can discuss whether restoration is a viable option and what it entails. Contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
What should I do if I am arrested for firearm by felon in Fairfax?
If you are arrested, exercise your right to remain silent and ask to speak with an attorney immediately. Do not discuss the facts of the case with law enforcement without counsel present. The period between arrest and the preliminary hearing is critical for preserving evidence and building a defense. Early engagement allows your attorney to review the charging documents, evaluate bond conditions, and begin investigating the state’s evidence. To discuss your situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
How does the court process work for a firearm‑by‑felon case in Fairfax?
After an arrest, the case begins with an advisement of rights and bond determination in the General District Court, followed by a preliminary hearing, and then the case is certified to the Circuit Court for trial. The preliminary hearing in Fairfax County General District Court or Fairfax City General District Court takes place within a few months of the arrest. At that hearing, the Commonwealth must present enough evidence to establish probable cause. If the judge finds probable cause, the felony charge is certified to the Circuit Court for a trial or plea. The timeline for a Circuit Court trial varies based on the court’s docket. Mr. Sris and his Of Counsel guide clients through each stage.
Criminal Defense Lawyer in Fairfax County | Firearm by Felon Lawyer Arlington | Firearm by Felon Lawyer Alexandria | Firearm by Felon Lawyer Prince William 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.