Firearm by Felon Lawyer Fredericksburg, VA
If you are facing a charge of possession of a firearm by a convicted felon in Fredericksburg, Virginia, the stakes are high. Under Va. Code § 18.2‑308.2, a person who has been convicted of a felony and knowingly or intentionally possesses or transports any firearm is guilty of a Class 6 felony. A conviction can bring a significant prison sentence, a mandatory minimum period of incarceration, and a permanent criminal record. The case will be prosecuted by the Commonwealth’s Attorney for Fredericksburg in the Fredericksburg General District Court for a preliminary hearing and then in the Fredericksburg Circuit Court for trial. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. Concentrate their practice on criminal defense and have extensive experience handling firearm-by-felon matters in Virginia. To request a consultation, call (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Possession of a firearm by a convicted felon in Virginia is a Class 6 felony, carrying a sentence of 1 to 5 years, or at the court’s discretion, up to 12 months in jail and a fine of up to $2,500.
Source: Va. Code § 18.2‑10
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Va. Code § 18.2‑308.2 imposes a mandatory minimum sentence of 2 years for a felon in possession of a firearm.
Source: Va. Code § 18.2‑308.2
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
What Firearm by Felon Means in Fredericksburg
Fredericksburg is an independent city within the 15th Judicial District of Virginia. All firearm-by-felon charges are serious felonies. The initial appearance and preliminary hearing occur at the Fredericksburg General District Court, located at 701 Princess Anne Street, Suite 200. If the judge finds probable cause, the case moves to the Fredericksburg Circuit Court for a jury trial. The Commonwealth’s Attorney for Fredericksburg prosecutes the case, and the court is presided over by judges of the 15th Judicial Circuit. In our practice at these courts, we have observed that the Commonwealth’s Attorney treats firearm-possession cases by felons with particular gravity, and judges closely scrutinize both the evidence and the defendant’s background.
The offense under Va. Code § 18.2‑308.2 requires the Commonwealth to prove that the defendant was previously convicted of a felony and that the defendant knowingly or intentionally possessed or transported a firearm. Even if the firearm is not loaded or the defendant believed his civil rights had been restored, the mandatory minimum still applies in many circumstances. Because Fredericksburg is located along the I‑95 corridor, law enforcement encounters with out‑of‑state drivers who may have a prior felony record from another jurisdiction are common. Those drivers can face the same harsh consequences as a Virginia resident.
How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases
Mr. Sris and his Of Counsel team approach each firearm-by-felon case by first examining the prosecution’s evidence. They analyze whether law enforcement followed lawful procedures in stopping the client, searching the vehicle or person, and seizing the firearm. The team includes a former Virginia State Trooper, which provides first‑hand insight into police investigation techniques and may help identify procedural weaknesses that could lead to suppression of evidence or dismissal. The defense attorney also investigates whether the client’s civil rights had actually been restored—because if the prior felony conviction has been fully set aside or the client’s rights restored through a governor’s petition, the predicate felony element may be lacking.
The defense strategy also considers the possibility of a plea agreement with the Commonwealth’s Attorney, as plea bargaining is permitted in Virginia under Rule 3A:8 of the Rules of the Supreme Court of Virginia. In some cases, the charge may be amended or reduced. Mr. Sris and his Of Counsel prepare every case as if it will go to trial, ensuring that the client is fully informed at each stage of the process. If the matter cannot be resolved favorably, the team is prepared to litigate motions to suppress and, if necessary, present a defense before a jury in the Circuit Court. Throughout the representation, they work to achieve a favorable outcome, but every case is unique; Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has concentrated his practice on criminal defense since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His background on the prosecution side gives him a thorough understanding of how the Commonwealth prepares its cases.
Mr. Sris is joined by a team of experienced Of Counsel attorneys who bring over 120 years of combined legal experience and have documented over 4,739 firm-wide results. Results may vary. The Of Counsel team includes lawyers with backgrounds as former prosecutors and former law enforcement officers, providing a comprehensive perspective on criminal defense. The firm’s Fairfax Location serves clients at the Fredericksburg courts, and consultations are available by appointment.
Frequently Asked Questions
How does a Virginia lawyer defend against firearm by felon charges?
A defense against a firearm-by-felon charge in Virginia may involve challenging the legality of the stop, search, or seizure, as well as examining whether the defendant’s prior felony conviction is a qualifying predicate under the statute. An experienced attorney will scrutinize the police report and evidence, review whether the defendant’s civil rights had been restored, and explore whether the Commonwealth can prove knowing or intentional possession. In some situations, negotiations with the prosecutor may lead to a reduced charge or an alternative resolution that avoids the mandatory minimum. Every defense is built around the specific facts of the case and the procedural rules applicable in the Fredericksburg courts.
What should I do if I am facing firearm by felon charges in Virginia?
If you are charged with possession of a firearm by a convicted felon in Virginia, exercise your right to remain silent and contact a criminal defense attorney immediately. Do not discuss the facts of the case with anyone other than your lawyer. Preserve any evidence that may be helpful—such as documents about a restoration of rights—and write down your recollection of the events while they are fresh. Prompt legal guidance is important because early intervention can affect bond, discovery, and strategy before the preliminary hearing in the General District Court.
What is the penalty for a firearm by felon charge in Fredericksburg?
Under Va. Code § 18.2‑308.2, a conviction for possession of a firearm by a felon is a Class 6 felony and carries a mandatory minimum sentence of 2 years in prison. The maximum penalty is 5 years imprisonment, though the court may impose up to 12 months in jail and a fine of up to the statutory maximum at its discretion if certain conditions are met. The mandatory minimum applies unless the prior felony was not a violent felony, in which case different provisions may apply. The judge at the Fredericksburg Circuit Court has sentencing authority after a trial or plea.
Will I have a jury trial for a firearm by felon case in Fredericksburg?
A defendant charged with a felony in Fredericksburg has the right to a jury trial in Circuit Court. All felony cases, including firearm-by-felon charges, begin with a preliminary hearing in the Fredericksburg General District Court. If the judge finds probable cause, the case is certified to the Fredericksburg Circuit Court. At that stage, the defendant may elect a jury trial or a bench trial before a judge. The decision about whether to request a jury should be made in close consultation with defense counsel, considering the facts of the case and the particular court.
Do I need a lawyer for a firearm by felon charge in Fredericksburg?
Yes, because a firearm-by-felon charge is a serious felony with a mandatory minimum prison sentence and lifelong collateral consequences. Even if you believe the evidence against you is weak, the prosecution will present its case using trained officers and forensic evidence. An attorney who practices regularly in the Fredericksburg courts can evaluate the case, identify procedural issues, and advocate for a reduction or dismissal when the facts support it. Without skilled legal representation, you risk a conviction that affects your freedom, your employment, and your future ability to own firearms.
Internal Resources
Explore related criminal defense pages:
Fairfax County criminal lawyer ·
Fairfax City criminal lawyer ·
Prince William County criminal lawyer ·
Manassas criminal lawyer
Authority Sources
Review official legal resources:
Va. Code § 18.2‑308.2 ·
Fredericksburg General District Court ·
Fredericksburg Circuit Court
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary. Law Offices Of SRIS, P.C. serves clients by appointment; the firm’s Fairfax Location is located at 4008 Williamsburg Court, Fairfax, VA 22032. Call (888) 437‑7747 to request a consultation.