Firearm by Felon Lawyer Virginia Beach, VA
Facing a charge for possessing a firearm as a convicted felon in Virginia Beach is a serious matter that can disrupt your life. Under Va. Code § 18.2-308.2, a conviction exposes you to a felony record, incarceration, and lasting restrictions on your rights. The Commonwealth’s Attorney for Virginia Beach prosecutes these charges vigorously in the Virginia Beach General District Court and Circuit Court. If you have been arrested or are under investigation, having knowledgeable guidance from a defense team that understands both the law and the local court system can make a critical difference. Law Offices Of SRIS, P.C., founded in 1997, concentrates its practice on criminal defense across Virginia. Mr. Sris, the Owner and Founder, is a former prosecutor who brings that insight to every case, while his Of Counsel include attorneys with extensive law enforcement and trial experience. The firm’s Richmond Location serves clients in Virginia Beach, Sandbridge, and throughout the region. Call (888) 437-7747 to request a consultation and discuss your situation with a defense team familiar with Virginia Beach firearm-by-felon prosecutions. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Firearm by Felon Charges Mean in Virginia Beach
Virginia law prohibits anyone who has been convicted of a felony from knowingly and intentionally possessing or transporting a firearm. The relevant statute, Va. Code § 18.2-308.2, makes this offense a Class 6 felony. Charges can arise from a traffic stop, a search warrant, or a domestic incident, and they carry consequences that extend beyond a potential prison sentence—including the permanent loss of the right to own or possess firearms and, in many cases, the inability to vote or hold certain professional licenses.
A conviction for possession of a firearm by a convicted felon under Va. Code § 18.2-308.2 is a Class 6 felony, punishable by one to five years in prison. If the prior felony was a violent felony as defined in Va. Code § 17.1-805 and the current offense occurs within ten years of that prior conviction, the law imposes a mandatory minimum two-year term of incarceration.
Source: Va. Code § 18.2-308.2. Virginia Legislative Information System
Reviewed by Mr. Sris, admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York.
In Virginia Beach, misdemeanor firearm offenses and preliminary hearings on felony firearm charges are heard in the Virginia Beach General District Court at 2425 Nimmo Parkway, Building 10B. Felony trials, including all firearm-by-felon cases that go to trial, take place in the Virginia Beach Circuit Court, also located on the Nimmo Parkway campus. Both courts are part of Virginia’s Fourth Judicial District. Because the Commonwealth’s Attorney in Virginia Beach has specific policies regarding plea negotiations and charging, it is important to work with counsel who is familiar with the local courtroom practices and how previous firearm-by-felon matters have been handled there. Results may vary. depending on the facts of each case, and no two cases are alike.
How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases
Defending a firearm-by-felon charge begins with a detailed review of the arrest and the evidence the Commonwealth intends to present. Mr. Sris, a former prosecutor, and his Of Counsel examine whether law enforcement conducted a lawful stop, search, or seizure, and whether any statements were obtained in compliance with constitutional safeguards. Their experience includes challenging the adequacy of probable cause, contesting whether the item recovered meets the legal definition of a firearm, and verifying that the underlying felony conviction actually triggers the prohibition. Because every element of the offense must be proven beyond a reasonable doubt, a thorough investigation can reveal weaknesses that lead to a reduction, an amendment to a lesser charge, or a complete dismissal.
The defense strategy also considers alternatives to trial where appropriate. In some situations, the Commonwealth’s Attorney may agree to amend the charge to a misdemeanor offense that avoids the mandatory firearm-prohibition consequences. Mr. Sris and his Of Counsel work to achieve the most favorable outcome possible under the specific circumstances, whether through pretrial motions, negotiations, or trial. They appear regularly in Virginia Beach courts and are familiar with the judges, prosecutors, and local procedures that shape how these cases are resolved. Throughout the process, clients receive clear explanations of every option so they can make informed decisions.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background as a former prosecutor gives him a firsthand understanding of how the Commonwealth builds its cases and what it takes to mount an effective defense. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is committed to keeping his personal caseload small so that every client receives the focused attention their case deserves.
Mr. Sris is supported by a team of Of Counsel attorneys who bring extensive additional experience to the firm’s criminal defense practice. Among them are professionals with prior careers as law enforcement officers and trial prosecutors, equipping the firm with insight into police procedures, investigative techniques, and courtroom dynamics that few defense teams can match. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, alongside over 4,739 documented firm-wide results. Results may vary. The firm’s Richmond Location at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225, serves clients in Virginia Beach, Sandbridge, and surrounding communities.
Frequently Asked Questions
What is firearm by felon under Virginia law?
Firearm by felon, formally known as possession of a firearm by a convicted felon, is a Class 6 felony under Va. Code § 18.2-308.2. It applies to any person who has been convicted of a felony and then knowingly and intentionally possesses or transports a firearm. The statute also covers certain individuals convicted of misdemeanor domestic violence offenses that trigger a federal firearms disability. A conviction can result in a prison term, a fine, and a lifelong prohibition on possessing firearms. The charge is brought by the Commonwealth’s Attorney and is vigorously prosecuted throughout Virginia.
What are the possible penalties for a firearm by felon conviction in Virginia Beach?
A conviction carries a sentence of one to five years in prison, with a mandatory minimum two-year term if the prior felony was a violent felony committed within the previous ten years. Additional consequences include a permanent criminal record, loss of voting rights, and the inability to own or possess firearms. The Virginia Beach Circuit Court imposes the sentence after a trial or guilty plea. Each case is unique, and the actual sentence depends on the defendant’s criminal history, the circumstances of the offense, and the effectiveness of the defense presentation.
How can a charge of firearm by felon be defended?
Defenses may challenge the legality of the stop or search, question whether the item seized meets the definition of a firearm, or dispute the voluntariness of any statements made to law enforcement. Counsel may also investigate whether the Commonwealth can prove the prior felony conviction, whether the defendant’s rights were properly restored, or whether the firearm was discovered through an unconstitutional search. In some cases, negotiation with the prosecutor can lead to an amendment to a lesser charge that avoids the lifetime firearms prohibition. Every defense strategy is fact-specific and must be tailored to the evidence in the case.
Do I need a lawyer if I am charged with firearm by felon in Virginia Beach?
Yes, representation by an experienced criminal defense attorney is critical when facing a felony charge that carries potential incarceration and permanent rights restrictions. A lawyer can assess the strength of the Commonwealth’s evidence, file motions to suppress illegally obtained evidence, negotiate with the prosecutor, and present your side of the story at trial if necessary. Attempting to handle such a charge alone significantly increases the risk of a conviction with severe long-term consequences. The firm offers consultations to discuss your situation and explain your legal options.
How does the court process work for a firearm by felon case in Virginia Beach?
The process begins with an arrest and an initial appearance before a magistrate, who sets bond. Misdemeanor-related hearings and felony preliminary hearings are held in the Virginia Beach General District Court. For a felony charge, the General District Court determines whether there is probable cause to send the case to the Circuit Court. If probable cause is found, the case is transferred to the Virginia Beach Circuit Court for trial. Throughout this process, motions, discovery, and plea negotiations occur. The timeline from arrest to trial varies depending on the complexity of the case and the court’s calendar.
Can a firearm by felon charge be reduced or dismissed?
A charge can be reduced or dismissed if the evidence is insufficient, if a constitutional violation requires suppression of key evidence, or if the prosecutor agrees to an amendment. For example, the Commonwealth may agree to reduce the charge to a misdemeanor such as brandishing or reckless handling of a firearm if the facts allow. While not every case can be resolved favorably, early involvement of defense counsel often increases the likelihood of achieving a result that avoids a felony record and the loss of firearm rights. Each outcome depends on the specific facts, and past results do not guarantee a similar result.
For more information about criminal defense in other Virginia localities, see our pages for Fairfax County criminal defense, Fairfax City criminal lawyers, Falls Church criminal attorneys, Prince William County criminal defense, and Manassas criminal lawyers.
Primary legal sources: Virginia Code Title 18.2 (Crimes and Offenses) · Virginia Beach Circuit Court
Attorney advertising. Prior results do not guarantee a similar outcome.
Results may vary.
Case results depend on a variety of factors unique to each case.