Firearm by Felon Lawyer Chesapeake — What Are Your Defense Options?
Possession of a firearm by a convicted felon in Chesapeake is a serious felony under Va. Code § 18.2-308.2, punishable by a mandatory minimum of two years in prison. A skilled firearm by felon lawyer Chesapeake from Law Offices Of SRIS, P.C. can challenge the evidence and protect your rights.
Last verified: April 2026 | Chesapeake General District Court | Virginia General Assembly
Virginia Law on Firearm Possession by a Prohibited Person
Virginia law strictly prohibits any person convicted of a felony from 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 charge is a separate Class 6 felony, carrying a penalty of 1 to 5 years in prison, with a mandatory minimum of two years for certain prior convictions. A conviction creates another felony record and can impact future rights and opportunities. A felon with firearm defense lawyer Chesapeake must understand the nuances of this law, including what constitutes “possession” and potential affirmative defenses.
Official Legal Resources
For the exact language of the law, refer to the official Virginia statute § 18.2-308.2. Court procedures for Chesapeake cases are handled at the Chesapeake General District Court for preliminary hearings and the Chesapeake Circuit Court for trials.
Local Court Process for a Firearm by Felon Charge
In Chesapeake, a firearm by felon charge typically begins with an arrest or indictment. The case starts in Chesapeake General District Court for a preliminary hearing to determine probable cause. If the judge finds probable cause, the case is certified to the Chesapeake Circuit Court for a jury trial. Prosecutors must prove you were a convicted felon and that you knowingly and intentionally possessed a firearm. An experienced prohibited person gun charge lawyer Chesapeake will scrutinize the search, the chain of custody of the firearm, and the validity of the prior conviction.
- Secure representation immediately after arrest or receiving a summons.
- Your attorney will file for discovery to obtain all police reports, lab reports, and evidence.
- A motion to suppress may be filed if the firearm was found through an unlawful search.
- Your lawyer will negotiate with the Commonwealth’s Attorney, potentially for a reduction or alternative resolution.
- If no agreement is reached, your case will proceed to a jury trial in Circuit Court.
Potential Penalties for a Firearm by Felon Conviction
In Chesapeake, possession of a firearm by a convicted felon is a Class 6 felony carrying 1 to 5 years in prison, with a mandatory minimum of 2 years for certain prior violent felonies.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Firearm by Convicted Felon | Class 6 Felony | 1-5 years (Mandatory min. 2 years for specific priors) | Up to $2,500 | Loss of firearm rights permanently; possible loss of voting rights | Permanent felony record; difficulty securing employment/housing |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Chesapeake Firearm Charge
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 tagline, “Advocacy Without Borders,” reflects our commitment to vigorous defense. We have a documented record of handling complex criminal charges, including those involving firearms. Our team understands the high stakes of a felony gun charge and works to protect your future.
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 and Client Advocacy
Our approach has yielded favorable outcomes for clients facing serious allegations. While every case is unique, our strategic focus on evidence suppression and challenging the prosecution’s case is central to our practice. For instance, our team has successfully argued motions to suppress firearms evidence, skilled to reduced or dismissed charges. Mr. Sris, the firm’s founder, provides oversight on complex cases, ensuring each client benefits from our collective experience.
Results may vary. Prior results do not guarantee a similar outcome.
Firearm by Felon Lawyer Near Chesapeake, VA
Our Richmond Location represents clients at the Chesapeake courts. We serve clients in Chesapeake, Deep Creek, Great Bridge, and Greenbrier. Accessible via I-64, I-464, and Route 168. 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (804)201-9009 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
By appointment only.
FAQs: Firearm by Felon Charges in Chesapeake
What is the penalty for a felon in possession of a firearm in Virginia?
It is a Class 6 felony, punishable by 1 to 5 years in prison and a fine up to $2,500. A mandatory minimum sentence of two years applies if the prior felony was for certain violent offenses.
Can a felon ever legally own a gun in Virginia?
No. Virginia law does not provide a process for a convicted felon to have their firearm rights restored at the state level. Federal law also imposes a lifetime ban. A felon with firearm defense lawyer Chesapeake can explain the absolute nature of this prohibition and defend against allegations of possession.
What does “possession” mean in these cases?
“Possession” can be actual (on your person) or constructive (within your control, like in your home or car). Prosecutors must prove you knew the firearm was present and had the ability to control it. A prohibited person gun charge lawyer Chesapeake will fight the assumption of possession.
Are there any defenses to a firearm by felon charge?
Yes. Common defenses include challenging the legality of the search that found the gun, arguing you did not know the firearm was present, or questioning the validity of the underlying felony conviction. An experienced firearm by felon lawyer Chesapeake will identify the best defense strategy for your situation.
What should I do if I’m charged with this crime?
Do not speak to law enforcement without an attorney. Contact a defense lawyer immediately. The sooner a firearm by felon lawyer Chesapeake is involved, the better they can protect your rights, investigate the arrest, and begin building your defense.
Related Legal Help in Chesapeake
If you are facing this charge, you may also need information on Chesapeake criminal defense. For charges stemming from traffic stops, see our page on Chesapeake DUI defense. For a broader view of our Virginia practice, visit our Virginia criminal defense hub.