Firearm by Felon Lawyer Poquoson — What Are Your Defense Options?
Possession of a firearm by a convicted felon in Poquoson is a serious felony under Va. Code § 18.2-308.2, carrying a mandatory minimum sentence. As a firearm by felon lawyer Poquoson, Law Offices Of SRIS, P.C. provides a strong defense for prohibited persons. Our Richmond location serves clients at Poquoson General District and Circuit Courts. Contact us 24/7 for a case review.
Virginia Law on Firearm Possession by a Prohibited Person
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 gun crime cases. 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.
Last verified: April 2026 | Poquoson General District Court | Virginia General Assembly
Official Legal Resources
For the exact statutory language, refer to the official Va. Code § 18.2-308.2 (official Virginia General Assembly). Court procedures and filings for Poquoson are handled through the Poquoson General District Court website.
Local Court Process for a Firearm by Felon Charge in Poquoson
If you are charged as a felon with a firearm in Poquoson, your case will begin at the Poquoson General District Court for a preliminary hearing. This court determines if there is probable cause to certify the felony charge to the Poquoson Circuit Court for a jury trial. The Commonwealth’s Attorney for Poquoson prosecutes these cases aggressively, given the mandatory penalties involved.
- Arrest & Initial Appearance: You will be taken before a magistrate for a bond hearing. For felony charges, a secured bond is typical.
- Preliminary Hearing: Your case is heard in Poquoson General District Court. The prosecution must show probable cause that you, a convicted felon, knowingly possessed a firearm.
- Circuit Court Arraignment: If certified, you will be arraigned in Poquoson Circuit Court, where you formally enter a plea.
- Pre-Trial Motions & Discovery: Your attorney will file motions to suppress evidence and obtain all discovery from the prosecution.
- Trial or Plea Negotiation: The case proceeds to a jury trial in Circuit Court or may be resolved through negotiation if a favorable plea agreement can be reached.
Penalties for a Firearm by Felon Conviction in Virginia
In Poquoson, a conviction for possession of a firearm by a convicted felon under Va. Code § 18.2-308.2 is a Class 6 felony, carrying a mandatory minimum sentence of 2 years in prison.
| 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, up to 5 years in prison. | Up to $2,500 | Permanent felony record, loss of firearm rights permanently, impact on parole/probation from prior sentence. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Criminal 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+ documented case results with a 93%+ favorable outcome rate. Our “Advocacy Without Borders” philosophy means we fight relentlessly for clients facing serious felony charges like firearm possession by a prohibited person.
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 Poquoson results are confidential, our firm’s approach in similar felony firearm cases involves meticulously challenging the prosecution’s evidence. We examine whether the search and seizure was legal, if the possession was “knowing,” and the validity of the prior conviction. Our secondary attorney, Mr. Sris, a former prosecutor and firm founder, provides strategic oversight on complex cases. Results may vary. Prior results do not guarantee a similar outcome.
Firearm by Felon Defense Lawyer Near Poquoson, VA
Our Richmond location serves clients at the Poquoson courts (500 City Hall Avenue). We are accessible via Route 171 and Route 134, near Langley Air Force Base and the Chesapeake Bay waterfront. We serve the Poquoson community.
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.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
What is the penalty for a felon with a firearm in Virginia?
It is a Class 6 felony with a mandatory minimum 2-year prison sentence, up to 5 years, and a fine up to $2,500 under Va. Code § 18.2-308.2.
Can a prohibited person ever legally own a gun in Virginia?
It depends. A convicted felon’s firearm rights can only be restored by the Governor of Virginia or through a pardon. This is an extremely rare and difficult process, not a right. For other prohibitions, like certain misdemeanors, rights may be restored automatically after a waiting period.
What defenses are available for a firearm by felon charge?
Common defenses include challenging the legality of the search (Fourth Amendment), arguing lack of “knowing” possession, mistaken identity, or questioning the validity of the predicate felony conviction. An experienced prohibited person gun charge lawyer Poquoson can identify the best strategy.
Do I need a lawyer for a firearm by felon charge in Poquoson?
Yes. The mandatory prison sentence makes this one of the most serious charges. A skilled firearm by felon lawyer Poquoson is essential to challenge evidence, negotiate, or prepare for trial in Poquoson Circuit Court.
Where will my case be heard?
Your preliminary hearing will be at Poquoson General District Court (500 City Hall Avenue). If certified, your jury trial will be at Poquoson Circuit Court. A felon with firearm defense lawyer Poquoson will represent you at both levels.
Related Legal Resources
If you are facing a firearm by felon charge, you may also need information on Virginia criminal defense. For charges in nearby areas, see our pages for Henrico County criminal defense and Chesterfield County criminal defense. For other legal issues in Poquoson, we also handle DUI defense and family law matters.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.