Firearm by Felon Lawyer Fauquier County — What Are Your Defense Options?
Possession of a firearm by a convicted felon in Fauquier County is a Class 6 felony under Va. Code § 18.2-308.2, punishable by 1-5 years in prison. Law Offices Of SRIS, P.C. provides a strong defense for this serious charge. Our firearm by felon lawyer Fauquier County team challenges evidence and procedural errors. Contact us 24/7 for a consultation by appointment.
Last verified: April 2026 | Fauquier County General District Court | Virginia General Assembly
Virginia Law on Firearm Possession by a Prohibited Person
Virginia law strictly prohibits any person who has been convicted of a felony from possessing, transporting, or carrying any firearm. This statute, Va. Code § 18.2-308.2, is a primary tool for prosecutors in Fauquier County. A conviction is a Class 6 felony, carrying a potential prison sentence of one to five years, or at the discretion of the jury, confinement in jail for up to twelve months and a fine of up to $2,500. The law applies regardless of how the firearm was obtained or how long ago the felony conviction occurred. For a felon with firearm defense lawyer Fauquier County, the case often hinges on challenging the legality of the search, the proof of possession, or the status of the prior conviction.
Official Legal Resources
For the exact language of the statute, review Va. Code § 18.2-308.2 (official Virginia General Assembly). Court procedures and filings for Fauquier County are handled through the Fauquier County General District Court website.
Local Court Process for a Firearm by Felon Charge
In Fauquier County, a firearm by felon charge typically begins with an arrest or summons. The case will start in Fauquier County General District Court for a preliminary hearing if it is charged as a felony. At this stage, the Commonwealth must show probable cause that a crime was committed and that you committed it. A skilled prohibited person gun charge lawyer Fauquier County will scrutinize the arrest and search procedures here. If the case proceeds, it will be certified to the Fauquier County Circuit Court for a jury trial. The prosecution must prove beyond a reasonable doubt that you were a convicted felon and that you knowingly and intentionally possessed a firearm.
- Secure representation immediately after arrest or receiving a summons.
- Your attorney will file for discovery to obtain all police reports, lab reports, and evidence.
- A motion to suppress evidence may be filed if the search or seizure was unconstitutional.
- Negotiations with the Commonwealth’s Attorney may occur to seek a reduction or alternative resolution.
- If no agreement is reached, prepare for a jury trial in Fauquier County Circuit Court.
Potential Penalties for a Firearm by Felon Conviction
In Fauquier County, possession of a firearm by a convicted felon is a Class 6 felony carrying a mandatory minimum of 2 years in prison under certain conditions and a maximum of 5 years.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Firearm by Convicted Felon (Va. Code § 18.2-308.2) | Class 6 Felony | 1-5 years (or up to 12 months in jail) | Up to $2,500 | Loss of right to possess firearms permanently | Permanent felony record, loss of voting rights (until restored), difficulty obtaining employment/housing |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Firearm Charge Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide track record includes 4,739+ documented case results with a 93%+ favorable outcome rate. We understand the severe implications of a felony firearm charge and build defenses that challenge the Commonwealth’s evidence at every point, from the initial investigation to trial.
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 in Fauquier County
Our firearm by felon lawyer Fauquier County team is dedicated to achieving the best possible outcome. In Fauquier County, we have documented results including charges reduced or amended.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Our Fairfax location serves clients at the Fauquier County courts (6 Court Street, Warrenton). We are accessible via I-66, Route 29, and Route 17. As a firearm by felon lawyer near Warrenton, we provide 24/7 phone consultations — (888) 437-7747 — with meetings by appointment only. We serve the communities of Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
Frequently Asked Questions
What is the penalty for a felon in possession of a firearm in Virginia?
It is a Class 6 felony, punishable by 1 to 5 years in prison, or up to 12 months in jail and a $2,500 fine at the jury’s discretion. Certain prior convictions trigger a mandatory minimum sentence.
Can a felon ever legally own a gun in Virginia?
No. Virginia law does not provide a process for a convicted felon to have their firearm rights restored at the state level. Federal law also imposes a lifetime ban. A felon with firearm defense lawyer Fauquier County focuses on preventing a new conviction, as it carries its own severe penalties.
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 and intentionally possessed a firearm, and 3) The item was a functional firearm. A prohibited person gun charge lawyer Fauquier County attacks each element.
What are common defenses to a firearm by felon charge?
Common defenses include challenging the legality of the search (Fourth Amendment violation), arguing lack of knowledge or possession (the gun was not yours), questioning the operability of the firearm, or challenging the validity of the predicate felony conviction.
Do I need a lawyer for a firearm by felon charge in Fauquier County?
Yes. This is a serious felony with guaranteed prison time under many circumstances. The Fauquier County Commonwealth’s Attorney vigorously prosecutes these cases. An experienced firearm by felon lawyer Fauquier County is essential to protect your rights and freedom.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.