Firearm by Felon Lawyer Lexington — What Are Your Defense Options?
Possession of a firearm by a convicted felon in Lexington 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 Lexington, Law Offices Of SRIS, P.C. understands the severe penalties and permanent consequences of a conviction.
Last verified: April 2026 | Lexington General District Court | Virginia General Assembly
Virginia Law on Firearm Possession by a Prohibited Person
Under Virginia law, it is a felony for any person who has been convicted of a felony to knowingly possess, transport, or carry any firearm. The statute, Va. Code § 18.2-308.2, applies to all firearms, including handguns, rifles, and shotguns. A “convicted felon” includes anyone convicted of a felony in any state or federal court. The charge does not require the firearm to be used in a crime; mere possession is sufficient for prosecution. This makes a felon with firearm defense lawyer Lexington essential from the earliest stage of an investigation.
Official Legal Resources
For the full text of the statute, see Va. Code § 18.2-308.2 (official Virginia General Assembly). Court information for Lexington cases can be found at the Lexington General District Court website.
Local Court Process for a Firearm by Felon Charge in Lexington
Firearm by felon charges in Lexington begin with an arrest or indictment. The case will start in Lexington General District Court for a preliminary hearing to determine probable cause. If bound over, the felony trial will occur in Lexington Circuit Court before a judge or jury. The Commonwealth’s Attorney must prove you were a convicted felon and knowingly possessed a firearm.
- Initial Arrest & Bond Hearing: You will be arrested and taken before a magistrate. A bond hearing will be set in Lexington General District Court.
- Preliminary Hearing: The court holds a hearing to determine if there is probable cause for the felony charge.
- Circuit Court Arraignment: If bound over, you will be arraigned in Lexington Circuit Court and enter a plea.
- Pre-Trial Motions & Discovery: Your attorney files motions to suppress evidence and challenges the prosecution’s case.
- Trial or Plea Negotiation: The case proceeds to a jury trial or, if in your best interest, a negotiated plea agreement is reached.
- Sentencing: If convicted, sentencing follows, where arguments for mitigation are presented.
Potential Penalties for a Firearm by Felon Conviction
In Lexington, possession of a firearm by a convicted felon is a Class 6 felony carrying a mandatory minimum sentence of 2 years in prison, with a maximum of 5 years, and potential loss of civil rights.
| Offense | Classification | Incarceration | Fine | 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 | Permanent felony record; loss of right to vote, possess firearms, and hold certain jobs; potential federal prosecution. |
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 have a deep understanding of Virginia’s firearm laws and the strategies needed to defend against these severe charges. Our team includes former prosecutors and a former Virginia State Trooper, providing unique insight into how these cases are built and how to challenge them effectively.
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 & Client Advocacy
While specific Lexington firearm by felon results are confidential, our firm’s approach in similar felony cases involves meticulously analyzing police reports, challenging the legality of searches, and questioning the evidence of possession. For instance, in other jurisdictions, we have successfully argued motions to suppress firearms found during questionable searches, skilled to reduced or dismissed charges. Our secondary attorney, Mr. Sris, a former prosecutor and firm founder, provides strategic oversight on complex cases, ensuring every possible defense angle is explored.
Results may vary. Prior results do not guarantee a similar outcome.
Firearm by Felon Lawyer Near Lexington, VA
Our Richmond location serves clients facing charges at the Lexington courts. We are accessible via I-64 and I-81. We serve the Lexington community and surrounding areas. We offer 24/7 phone consultations and meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
FAQs: Firearm by Felon Charges in Lexington
What is the penalty for a felon in possession of a firearm in Virginia?
It is a Class 6 felony with a mandatory minimum prison sentence of 2 years, a maximum of 5 years, and a fine up to $2,500 under Va. Code § 18.2-308.2.
Can a felon ever legally possess a firearm in Virginia?
It depends. Virginia law allows for restoration of firearm rights by the Governor or a circuit court, but this is rare and complex. Federal law almost always prohibits possession, regardless of state restoration. A prohibited person gun charge lawyer Lexington can advise on your specific eligibility.
What defenses are available for a firearm by felon charge?
Common defenses include challenging the legality of the search that found the firearm, arguing lack of “knowing” possession (e.g., the firearm belonged to someone else), or questioning the validity of the underlying felony conviction. A felon with firearm defense lawyer Lexington can evaluate which defenses apply to your case.
Do I need a lawyer for a firearm by felon charge?
Yes. The mandatory prison sentence and lifelong consequences make immediate legal representation critical. A firearm by felon lawyer Lexington can protect your rights, challenge evidence, and work toward the best possible outcome from the start.
What is the difference between state and federal charges for this crime?
You can be charged under both Virginia state law (Va. Code § 18.2-308.2) and federal law (18 U.S.C. § 922(g)). Federal penalties are often more severe, with longer mandatory minimum sentences. A lawyer experienced in both systems is essential.
Related Pages: For other legal issues in Lexington, see our pages for DUI defense and general criminal defense. For a broader view of our services, visit our Virginia criminal defense hub.
Last verified: April 2026. Information is subject to change. Contact Law Offices Of SRIS, P.C. for the most current legal guidance.