Firearm by Felon Lawyer Culpeper County — What Are Your Defense Options?
Possession of a firearm by a convicted felon in Culpeper County is a serious felony under Va. Code § 18.2-308.2, punishable by a mandatory minimum of 2 years in prison. Law Offices Of SRIS, P.C. has documented results defending prohibited person gun charges in Virginia.
Virginia Law on Firearm Possession by a Prohibited Person
Virginia Code § 18.2-308.2 makes it a felony for any person who has been convicted of a felony to knowingly possess, transport, or carry any firearm. This statute is strictly enforced in Culpeper County. The law also prohibits firearm possession by other categories of prohibited persons, including individuals adjudicated mentally incompetent, those subject to certain protective orders, and juveniles convicted of specific delinquent acts. A conviction carries severe consequences, including a mandatory minimum prison sentence.
Last verified: April 2026 | Culpeper County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the statute, see Va. Code § 18.2-308.2 (official Virginia General Assembly). Court information for Culpeper County can be found at the Culpeper County General District Court website.
Defending a Firearm by Felon Charge in Culpeper County
In Culpeper County, these cases are prosecuted aggressively by the Commonwealth’s Attorney. A key local procedural fact is that the prosecution must prove you knowingly possessed the firearm. A strong defense often focuses on challenging the evidence of possession or knowledge. For a felon with firearm defense lawyer Culpeper County, examining the legality of the search that discovered the weapon is a critical first step.
- Secure immediate legal representation after arrest or charge.
- Your attorney will file a motion to suppress evidence if the search was unconstitutional.
- Your lawyer will challenge the prosecution’s proof of “knowing” possession at a preliminary hearing in Culpeper County General District Court.
- If the case proceeds, your attorney will negotiate for a reduction or prepare a vigorous defense for trial in Culpeper County Circuit Court.
Potential Penalties for a Firearm by Felon Conviction
In Culpeper County, possession of a firearm by a convicted felon is a Class 6 felony, but carries a mandatory minimum sentence of 2 years imprisonment.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Firearm Possession by Convicted Felon (First Offense) | Class 6 Felony | Mandatory minimum 2 years; up to 5 years | Up to $2,500 | Permanent felony record, loss of firearm rights, impact on employment/housing |
| Firearm Possession by Convicted Felon (Subsequent Offense) | Class 6 Felony | Mandatory minimum 5 years | Up to $2,500 | Enhanced penalties, longer mandatory minimum |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Virginia Gun Charges
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. We have a documented record of handling complex criminal charges, including those involving firearms. Our team understands the high stakes of a prohibited person gun charge lawyer Culpeper County clients face and works diligently to build a strong defense.
Bryan Block, Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. Former Virginia State Trooper (15 years). View Bryan Block’s Profile
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Case Results
Our firm has a documented history of favorable outcomes in criminal cases across Virginia. In Culpeper County, we have secured results including dismissals and charge reductions for clients. For instance, we have successfully argued for the suppression of evidence, skilled to favorable dispositions. Mr. Sris, the firm’s founder, provides strategic oversight on complex matters, leveraging his decades of experience.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Culpeper County Firearm by Felon Lawyer
Our Fairfax location serves clients in Culpeper County. We are accessible via Route 29 and other major highways. If you need a firearm by felon lawyer Culpeper County or a felon with firearm defense lawyer Culpeper County, contact us for a confidential consultation.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Serving: Culpeper and surrounding communities.
Firearm by Felon Charges in Culpeper County: FAQs
What is the penalty for a felon in possession of a firearm in Virginia?
It is a Class 6 felony with a mandatory minimum of 2 years in prison for a first offense, and a mandatory minimum of 5 years for a subsequent offense, plus fines up to $2,500.
Can I be charged if the gun wasn’t on me, but was in my house or car?
Yes. Virginia law prohibits “possession,” which includes both actual physical possession and constructive possession. Constructive possession means you had knowledge of the firearm and the ability to exercise control over it, even if it was in a shared space like a home or vehicle.
What does the prosecution have to prove for a firearm by felon charge?
The Commonwealth must prove three elements beyond a reasonable doubt: 1) You were previously convicted of a felony, 2) You knowingly possessed a firearm, and 3) You did so after having been convicted of that felony. A prohibited person gun charge lawyer Culpeper County can challenge each of these elements.
Are there any defenses to a Va. Code § 18.2-308.2 charge?
Potential defenses include challenging the legality of the search (Fourth Amendment), arguing lack of knowledge that the item was a firearm or that you possessed it, or contesting the validity of the prior felony conviction. The specific defense depends entirely on the facts of your case.
If I have a felony from another state, does Va. Code § 18.2-308.2 still apply?
Yes. The statute applies to any person convicted of a felony under the laws of any state or the United States. An out-of-state felony conviction is a qualifying predicate offense under Virginia law.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.