Firearm by Felon Lawyer New Kent County — What Are Your Defense Options?
A firearm by felon charge in New Kent County is a serious felony under Va. Code § 18.2-308.2, punishable by a mandatory minimum of 2 years in prison. As a prohibited person gun charge lawyer New Kent County, Law Offices Of SRIS, P.C. provides a strong defense for these complex cases.
Virginia Law on Firearm Possession by a Convicted Felon
Virginia law strictly prohibits any person who has been convicted of a felony from knowingly and intentionally possessing, transporting, or carrying any firearm. This offense is codified under Va. Code § 18.2-308.2. The statute applies regardless of where the felony conviction occurred, meaning an out-of-state or federal felony conviction triggers the prohibition in Virginia. The law defines “firearm” broadly to include any weapon designed to expel a projectile by action of an explosion, which covers handguns, rifles, and shotguns.
Last verified: April 2026 | New Kent County General District Court | Virginia General Assembly
Official Legal Resources
For the official statute, see Va. Code § 18.2-308.2 (official Virginia General Assembly). Court information is available at the New Kent County Courts website.
Defending a Firearm by Felon Charge in New Kent County
Successfully defending a firearm by felon charge requires challenging the prosecution’s evidence on every element. A key local procedural fact is that the Commonwealth’s Attorney for New Kent County must prove you knowingly possessed the firearm. For a felon with firearm defense lawyer New Kent County, common defense strategies include arguing lack of knowledge, challenging the legality of the search that found the weapon, or questioning whether the item qualifies as a firearm under the law. The court at 12001 Courthouse Circle handles these serious felony preliminary hearings.
- Initial Consultation & Case Review: Contact a firearm by felon lawyer New Kent County immediately after arrest or charge. We analyze the arrest details and prior conviction records.
- Preliminary Hearing in GDC: Your case begins at New Kent County General District Court for a hearing to determine probable cause.
- Circuit Court Arraignment: If bound over, you will be formally arraigned on the felony indictment in New Kent County Circuit Court.
- Pre-Trial Motions: Your attorney will file motions to suppress evidence or dismiss the charge based on legal deficiencies.
- Plea Negotiation or Trial: We engage with the Commonwealth’s Attorney to seek a reduction or prepare for a jury trial to contest the charges.
- Sentencing (if applicable): If convicted, we advocate for a sentence below the mandatory minimum, focusing on rehabilitation and mitigating factors.
Penalties for a Firearm by Felon Conviction
In New Kent County, a conviction for 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 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; ineligible for public 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 firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. Our “Advocacy Without Borders” approach means we commit fully to building the strongest possible defense for clients facing severe felony charges in New Kent County.
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
In New Kent County, our team has secured documented results for clients facing serious charges. While every case is unique, our focused defense strategies aim for dismissals, reductions, or favorable trial outcomes. Mr. Sris, our managing attorney and former prosecutor, provides strategic oversight on complex cases, ensuring every legal avenue is explored.
Results may vary. Prior results do not guarantee a similar outcome.
Firearm by Felon Lawyer Near New Kent County
Our Richmond location serves clients at the New Kent County courts (12001 Courthouse Circle). We are accessible via I-64, Route 33, and Route 249, serving New Kent, Providence Forge, and Quinton.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
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 of 2 years in prison, a maximum of 5 years, and a fine up to $2,500.
Can a prohibited person ever legally possess a firearm again in Virginia?
It depends. Virginia law allows for the restoration of firearm rights for certain non-violent felons, but the process is complex and requires a petition to the Governor or a Circuit Court. Federal law may still impose a permanent ban. A prohibited person gun charge lawyer New Kent County can advise on your specific eligibility.
What must the prosecution prove for a firearm by felon conviction?
The prosecution must prove: 1) You were previously convicted of a felony, 2) You knowingly and intentionally possessed a firearm, and 3) The possession occurred in Virginia. A felon with firearm defense lawyer New Kent County challenges each of these elements.
Does the firearm have to be operational to be illegal?
No. Under Va. Code § 18.2-308.2, the definition of a firearm includes any weapon designed to expel a projectile by an explosion, regardless of its operational state. This can include inoperable firearms or frames/receivers.
What are common defenses to a firearm by felon charge?
Common defenses include lack of knowledge (you didn’t know the firearm was present), unlawful search and seizure, mistaken identity, or challenging the validity of the predicate felony conviction. An experienced firearm by felon lawyer New Kent County will identify the best defense for your situation.
Related Pages: For other legal issues, see our Virginia Criminal Defense Lawyer hub, or learn about DUI defense in New Kent County. We also assist clients in neighboring areas like Henrico County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.