Firearm by Felon Lawyer in Falls Church, Virginia — What Are Your Defense Options?
Possession of a firearm by a convicted felon in Falls Church is a serious felony under Va. Code § 18.2-308.2, punishable by a mandatory minimum of two years in prison. As a prohibited person gun charge lawyer Falls Church, Law Offices Of SRIS, P.C. provides a strong defense for these complex charges.
Virginia Law on Firearm Possession by a Convicted Felon
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 Falls Church. The charge applies regardless of how the firearm is discovered—whether during a traffic stop, a search of your home, or another investigation. The law’s intent is to keep firearms out of the hands of those deemed most likely to misuse them, making these cases a high priority for the Commonwealth’s Attorney.
Last verified: April 2026 | Falls Church General District Court | Virginia General Assembly
Official Legal Resources
- Va. Code § 18.2-308.2 (official Virginia General Assembly)
- Falls Church General District Court Website
Defending a Firearm by Felon Charge in Falls Church Court
Successfully defending a firearm by felon charge requires attacking the prosecution’s case on multiple fronts. In Falls Church General District Court, prosecutors must prove you are a convicted felon, you knowingly possessed a firearm, and the item in question meets the legal definition of a firearm. A skilled firearm by felon lawyer Falls Church will scrutinize the evidence chain, challenge the legality of the search or seizure under the Fourth Amendment, and examine whether you had constructive possession or mere proximity to the weapon. The court at 300 Park Avenue handles preliminary hearings, while felony trials proceed to Falls Church Circuit Court.
- Secure Immediate Legal Representation: Do not speak to investigators. Contact a firearm by felon lawyer Falls Church immediately to protect your rights.
- Case Analysis & Investigation: Your attorney will obtain all police reports, forensic evidence, and witness statements to identify weaknesses in the prosecution’s case.
- File Pre-Trial Motions: Key motions may challenge an illegal search (suppression motion) or question the validity of the prior felony conviction.
- Negotiate or Prepare for Trial: Based on the evidence, your lawyer will negotiate for a reduction or dismissal, or prepare a vigorous defense for a jury trial in Circuit Court.
Potential Penalties for a Firearm by Felon Conviction
In Falls Church, possession of a firearm by a convicted felon is a Class 6 felony carrying a mandatory minimum of 2 years in prison, with a maximum penalty 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 | Mandatory Minimum: 2 years Maximum: 5 years |
Up to $2,500 | Loss of firearm rights permanently; impacts professional licenses | Permanent felony record; loss of voting rights until restored; difficulty finding 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 “Advocacy Without Borders” philosophy means we fight relentlessly for clients facing severe felony charges. We have a documented record of favorable outcomes in Northern Virginia courts. Mr. Sris personally amended Virginia law, demonstrating a deep understanding of legislative intent that benefits our clients in complex criminal defenses.
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 Falls Church
Our firm has achieved documented results for clients in Falls Church courts. In recent cases, we have secured dismissals and favorable reductions for clients facing serious charges. For example, we have successfully argued for the suppression of evidence obtained through questionable searches, skilled to charges being dropped. Results may vary. Prior results do not guarantee a similar outcome.
Secondary attorney Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex cases. His multi-state practice and experience amending Virginia statute provide a high-level perspective crucial for felony defense.
Firearm by Felon Lawyer Near Falls Church, VA
Our Fairfax location serves clients at the Falls Church courts (300 Park Avenue). We are accessible via Route 7, Route 29, I-66, and I-495, near the West Falls Church Metro. We serve the Falls Church community and surrounding areas.
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.
Frequently Asked Questions: Firearm by Felon Charges
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 two years and a maximum of five years, plus a fine up to $2,500.
Can a prohibited person gun charge be reduced in Falls Church?
It depends. An experienced felon with firearm defense lawyer Falls Church may negotiate a reduction to a lesser charge, like a misdemeanor, if the evidence is weak or if constitutional rights were violated during the investigation. Success hinges on the specific facts and the strength of the defense strategy.
Does a prior felony conviction from another state count in Virginia?
Yes. Virginia law considers any conviction that would be a felony under Virginia law, regardless of the state where it occurred, as a qualifying prior conviction for a firearm by felon charge.
What if I didn’t know the gun was in my house or car?
This is a common defense. The prosecution must prove you knowingly possessed the firearm. Mere proximity is not enough. A lawyer can argue you lacked knowledge or control over the weapon, which may lead to a dismissal if the evidence supports it.
How can a firearm by felon lawyer Falls Church help my case?
A lawyer will investigate the arrest, challenge illegal searches, examine the validity of the prior conviction, and negotiate with prosecutors. If a fair plea isn’t offered, your attorney will prepare a defense for trial to fight for an acquittal.
Last verified: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your firearm charge.