Firearm by Felon Lawyer Fredericksburg — Defending Prohibited Persons
Possession of a firearm by a convicted felon in Fredericksburg is a serious felony under Va. Code § 18.2-308.2, punishable by a mandatory minimum of 2 years in prison. As a firearm by felon lawyer Fredericksburg, Law Offices Of SRIS, P.C. provides a strong defense for prohibited persons.
Virginia Law on Firearm Possession by a Prohibited Person
Virginia law strictly prohibits any person who has been convicted of a felony from knowingly possessing, transporting, or carrying any firearm. This statute, Va. Code § 18.2-308.2, is a primary tool for prosecutors in Fredericksburg. The charge is a Class 6 felony, but carries a mandatory minimum sentence of two years imprisonment upon conviction. The law applies regardless of how the firearm was obtained or where it was found.
Last verified: April 2026 | Fredericksburg General District Court | Virginia General Assembly
Official Legal Resources
For the exact language of the law, review Va. Code § 18.2-308.2 (official Virginia General Assembly). Court procedures for felony charges are handled by the Fredericksburg Circuit Court.
Local Defense Strategy for a Fredericksburg Firearm Charge
Building a defense as a firearm by felon lawyer Fredericksburg requires immediate action. The prosecution must prove you are a convicted felon and that you knowingly possessed a firearm. In Fredericksburg, cases often originate from traffic stops or probation searches. A strong defense may challenge the legality of the search, the knowledge element, or the status of the prior conviction.
- Secure Immediate Legal Representation: Contact a lawyer before speaking to investigators. Anything you say can be used to establish “knowing” possession.
- Case Assessment: Your attorney will review the search, the evidence, and your criminal record to identify weaknesses in the Commonwealth’s case.
- Pre-Indictment Negotiations: Before the case goes to a grand jury, your lawyer may negotiate with the Fredericksburg Commonwealth’s Attorney for a reduction or alternative disposition.
- Motion to Suppress: If the firearm was found through an illegal search, your attorney can file a motion to suppress the evidence, which could lead to dismissal.
- Trial Preparation: If no agreement is reached, your case will proceed to a jury trial in Fredericksburg Circuit Court, where the burden of proof remains on the prosecution.
Penalties for a Firearm by Felon Conviction in Fredericksburg
In Fredericksburg, possession of a firearm by a convicted felon is a Class 6 felony with a mandatory minimum prison sentence of two years and a fine of up to $2,500.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Firearm by Convicted Felon (Va. Code § 18.2-308.2) | Class 6 Felony | Mandatory Minimum: 2 years Maximum: 5 years |
Up to $2,500 | Loss of firearm rights permanently; potential loss of voting rights. | Permanent felony record; severe impact on employment, housing, and professional licenses. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Fredericksburg Firearm Defense Team
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 “Advocacy Without Borders” philosophy means we fight aggressively for every client. We understand the high stakes of a prohibited person gun charge lawyer Fredericksburg case and the severe mandatory penalties involved.
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 and Client Advocacy
Our firm has a documented record of favorable outcomes in complex cases. In Fredericksburg, we have secured dismissals, reductions, and favorable plea agreements for clients facing serious charges. For instance, Mr. Sris, our managing attorney, has personally handled cases involving complex evidence challenges.
Results may vary. Prior results do not guarantee a similar outcome.
Firearm by Felon Lawyer Near Fredericksburg, VA
Our Fairfax location serves clients at the Fredericksburg courts (701 Princess Anne St). We are accessible via I-95 and Route 1. We serve clients throughout the Fredericksburg area.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
FAQs: Firearm by Felon Charges in Fredericksburg
What makes someone a “prohibited person” in Virginia?
Yes. Under Va. Code § 18.2-308.2, convicted felons are prohibited from possessing firearms. Other prohibited persons include those adjudicated mentally incompetent, individuals subject to protective orders, and undocumented immigrants.
Can I be charged if the gun wasn’t on me, but in my house or car?
It depends. Virginia law prohibits “possession,” which can be actual (on your person) or constructive (within your dominion and control, like in your home or vehicle). A felon with firearm defense lawyer Fredericksburg can argue you did not have knowledge or control of the weapon.
Is there a mandatory prison sentence for a firearm by felon charge?
Yes. A conviction under Va. Code § 18.2-308.2 carries a mandatory minimum sentence of two years in prison. This cannot be suspended by the judge, making early defense intervention critical.
What should I do if I’m arrested for this charge in Fredericksburg?
Do not speak to police without an attorney. Immediately request a lawyer and contact a firearm by felon lawyer Fredericksburg. Your attorney will protect your rights during questioning and begin building your defense strategy from the outset.
Can my rights to own a firearm ever be restored?
In Virginia, a convicted felon’s right to possess firearms can potentially be restored by the Governor or through a pardon. This is a separate, complex legal process that requires specific petitions and does not happen automatically.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.