Firearm by Felon Lawyer Fairfax County — What Are Your Defense Options?
Possession of a firearm by a convicted felon in Fairfax County is a serious felony under Va. Code § 18.2-308.2, punishable by a mandatory minimum of two years in prison. A firearm by felon lawyer Fairfax County from Law Offices Of SRIS, P.C. can challenge the evidence, your status as a prohibited person, and seek alternatives to incarceration.
Virginia Law on Firearm Possession by a Prohibited Person
Virginia law strictly prohibits any person convicted of a felony from knowingly possessing, transporting, or carrying any firearm. This law, codified in Va. Code § 18.2-308.2, applies to all firearms, including those in your home or vehicle. The charge is a Class 6 felony, carrying a penalty of one to five years in prison, or at the jury’s discretion, up to 12 months in jail and a fine of up to $2,500. Critically, there is a mandatory minimum sentence of two years of incarceration that cannot be suspended.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
The statute defines a “convicted felon” broadly. It includes anyone convicted of a felony in any state or federal court. A felony conviction from decades ago can still trigger this charge if you are found in possession of a firearm today. The law also extends to other prohibited persons, including those adjudicated delinquent as a juvenile for certain offenses, those subject to protective orders, and individuals convicted of specific misdemeanor domestic violence crimes.
Fairfax County Court Process for a Felon with Firearm Charge
In Fairfax County, a felon with firearm defense lawyer Fairfax County must handle a two-court process. The case typically begins at the Fairfax County General District Court for a preliminary hearing. At this stage, the Commonwealth must establish probable cause that you are a convicted felon and that you possessed a firearm. If probable cause is found, the case is certified to the Fairfax County Circuit Court for a jury trial.
Effective defense requires immediate action. A prohibited person gun charge lawyer Fairfax County from our firm will analyze every aspect of the case from the outset.
- Case Assessment & Investigation: We immediately review the arrest circumstances, search legality, and the specific firearm involved. We also verify the validity and finality of the prior felony conviction.
- Challenge the Stop or Search: If the firearm was discovered during an illegal stop, search, or seizure, we file a motion to suppress the evidence. Success here can lead to the dismissal of charges.
- Examine the “Knowing Possession” Element: The prosecution must prove you knowingly possessed the firearm. We challenge this if the firearm was found in a common area, belonged to someone else, or you were unaware of its presence.
- Review Prior Conviction Status: We scrutinize the prior felony conviction. Was your civil rights restored? Were you pardoned? Errors in the conviction record can be a defense.
- Negotiate or Prepare for Trial: We engage with prosecutors to seek a reduction to a non-firearm charge or explore diversion programs. If no fair offer is made, we prepare a vigorous jury trial defense in Circuit Court.
- Sentencing Advocacy: If convicted, we present mitigating evidence to argue for a sentence at the lowest end of the guideline range or for alternative sentencing where legally permissible.
Penalties for a Firearm by Felon Conviction in Fairfax County
In Fairfax County, possession of a firearm by a convicted felon is a Class 6 felony with a mandatory minimum two-year prison sentence, one of the most severe penalties for a single weapon charge.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Firearm by Convicted Felon (Va. Code § 18.2-308.2) | Class 6 Felony | Mandatory min. 2 years; 1-5 years (or up to 12 months at jury discretion) | Up to $2,500 | Loss of right to vote and firearm rights permanently (unless rights restored) | Permanent felony record; barrier to employment/housing; federal prosecution possible. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Fairfax County Firearm Defense Lawyers
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 pursue every available defense strategy. Mr. Sris’s unique background in accounting and information systems provides an analytical edge in dissecting complex evidence often present in firearm cases. We have a documented record of achieving favorable outcomes for clients facing serious felony weapon charges across Northern Virginia.
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
Our team, including former Virginia State Trooper Bryan Block, understands police investigation tactics from the inside. This perspective is invaluable for identifying weaknesses in the prosecution’s case regarding the discovery and handling of the firearm evidence. We have represented clients in Fairfax County for decades, giving us familiarity with local court procedures and personnel.
Case Results for Firearm & Weapon Charges
While every case is unique, our approach to defending firearm charges is consistent: thorough investigation and aggressive advocacy. In Fairfax County, we have secured dismissals, reductions, and favorable plea agreements for clients facing serious weapon allegations. For example, we have successfully argued motions to suppress firearms found during unlawful vehicle searches, skilled to case dismissals. In other instances, we have negotiated reductions from felony firearm charges to misdemeanor offenses, avoiding mandatory prison time.
Results may vary. Prior results do not guarantee a similar outcome.
Firearm by Felon Lawyer Near Fairfax County
Our Fairfax location serves clients at the Fairfax County courts. We provide legal representation for individuals in Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
24/7 Phone Consultations — Meetings By Appointment Only
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
FAQs: Firearm by Felon Charges in Fairfax County
What is the mandatory minimum sentence for a firearm by felon charge in Virginia?
Two years in prison. Va. Code § 18.2-308.2 imposes a mandatory minimum sentence of two years of incarceration for possession of a firearm by a convicted felon. This minimum cannot be suspended by the judge.
Can a felon ever legally own a gun in Virginia?
It depends. A convicted felon may only possess a firearm if their civil rights have been fully restored by the Governor of Virginia (or the appropriate authority of the convicting state). Simple restoration of voting rights is not sufficient; firearm rights must be specifically restored through a gubernatorial order.
What if the firearm wasn’t mine and I didn’t know it was there?
This is a potential defense. The prosecution must prove you “knowingly” possessed the firearm. If the gun was in a common area, a vehicle you rarely drive, or belonged to someone else without your knowledge, a skilled prohibited person gun charge lawyer Fairfax County can argue you lacked the required knowledge.
Can a felon with firearm charge be reduced to a misdemeanor?
Yes, in some cases. While challenging, an experienced felon with firearm defense lawyer Fairfax County may negotiate a reduction to a misdemeanor charge like reckless handling of a firearm (§ 18.2-56.1) if the facts and the defendant’s background support it. This avoids the felony conviction and mandatory prison time.
What should I do if I’m charged with being a felon in possession of a firearm?
Do not speak to law enforcement without an attorney. Immediately contact a firearm by felon lawyer Fairfax County. The choices you make early on, especially during police questioning, can severely impact your case. An attorney will protect your rights during interrogation and begin building your defense.
Related Legal Resources
If you are facing a firearm by felon charge, you may also need information on: Fairfax County criminal defense, federal criminal defense in Fairfax, or the process for Fairfax County Circuit Court. For an overview of our statewide practice, visit our Virginia criminal defense hub.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.