Firearm by Felon Lawyer Albemarle County — What Are Your Defense Options?
A firearm by felon charge in Albemarle County is a serious felony under Va. Code § 18.2-308.2, punishable by a mandatory minimum of 2 years in prison. Law Offices Of SRIS, P.C. has documented results defending prohibited persons in Virginia. If you are a felon with firearm charges, contact a firearm by felon lawyer Albemarle County immediately for a 24/7 consultation.
Last verified: April 2026 | Albemarle County 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 law, codified in Va. Code § 18.2-308.2, applies regardless of whether the firearm is operational. The prohibition is permanent and extends to ammunition. A separate charge exists for possession of a firearm while in possession of a controlled substance under § 18.2-308.4. These cases are prosecuted by the Albemarle County Commonwealth’s Attorney and heard in the Albemarle County Circuit Court. Our firm, founded in 1997 by former prosecutor Mr. Sris, uses this prosecutorial insight to build strong defenses for clients facing these severe charges.
Penalties for a Firearm by Felon Conviction in Albemarle County
In Albemarle County, a firearm by felon conviction under Va. Code § 18.2-308.2 is a Class 6 felony carrying a mandatory minimum sentence of 2 years in prison, with a maximum of 5 years.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Firearm by Convicted Felon | Class 6 Felony | Mandatory 2 years minimum; Up to 5 years | Up to $2,500 | N/A | Permanent felony record; Loss of firearm rights; Impact on employment/housing |
| Possession of Firearm while in Possession of Drugs (§ 18.2-308.4) | Class 6 Felony | Mandatory 2 years minimum; Up to 5 years | Up to $2,500 | N/A | Separate charges for drug possession; Enhanced penalties |
Results may vary. Prior results do not guarantee a similar outcome.
Defending a Prohibited Person Gun Charge in Albemarle County
Defending a prohibited person gun charge requires a detailed examination of the arrest circumstances and evidence. Common defense strategies include challenging the legality of the search that discovered the firearm, arguing you did not have actual or constructive possession, or questioning whether the item qualifies as a firearm under Virginia law. The procedural steps in an Albemarle County case are critical.
- Arraignment in Circuit Court: Your first appearance where you are formally advised of the felony charge.
- File Pre-Trial Motions: Your attorney may file motions to suppress evidence obtained from an illegal search or seizure.
- Negotiate with Prosecutor: Discuss potential plea agreements, which may involve reducing the charge or arguing for a sentence below the mandatory minimum.
- Prepare for Trial: If no agreement is reached, prepare a jury trial defense in Albemarle County Circuit Court.
- Sentencing Hearing: If convicted, advocate for the most favorable sentence possible under the guidelines.
For a felon with firearm defense lawyer Albemarle County, former prosecutor insight is key. Attorney Kristen Fisher, a former Maryland Assistant State’s Attorney, uses her experience to anticipate prosecution strategies. Mr. Sris, the firm’s founder, provides strategic oversight on complex cases.
Authority and Experience in Albemarle County Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys have over 120 years of combined legal experience. We have achieved 4,739+ documented case results with a 93%+ favorable outcome rate firm-wide. In Albemarle County, we have documented results defending clients against serious charges. Our tagline, “Advocacy Without Borders,” reflects our commitment to every client’s case.
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 for Firearm and Criminal Charges
Our firm has a record of achieving favorable outcomes in criminal cases. In one documented result in Albemarle County General District Court, we successfully had a charge of Driving on a Suspended License (Va. Code § 46.2-301) amended to a non-criminal traffic offense. Results may vary. Prior results do not guarantee a similar outcome.
Firearm by Felon Lawyer Near Albemarle County
Our Richmond location serves clients in Albemarle County and the Charlottesville area. We are accessible via I-64 and Route 29. We serve communities including Charlottesville, Crozet, Earlysville, Ivy, and North Garden.
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.
FAQs: Firearm by Felon Charges in Albemarle County
What is the penalty for a felon in possession of a firearm in Virginia?
It is a Class 6 felony with a mandatory minimum prison sentence of 2 years, a maximum of 5 years, and a fine up to $2,500 under Va. Code § 18.2-308.2.
Can the mandatory minimum sentence for a firearm by felon charge be reduced?
It depends. A judge cannot legally sentence you to less than 2 years active incarceration if convicted. However, an attorney may negotiate a plea to a different charge without a mandatory minimum or present evidence to persuade the Commonwealth to drop the charge.
What does the prosecution have to prove for a firearm by felon charge?
The prosecution must prove you were previously convicted of a felony, that you knowingly possessed a firearm, and that the item was a functional firearm. A prohibited person gun charge lawyer Albemarle County can challenge each of these elements.
Do I need a lawyer for a firearm by felon charge in Albemarle County?
Yes. The severe mandatory prison sentence makes skilled legal representation essential. A firearm by felon lawyer Albemarle County can protect your rights, challenge evidence, and work toward the best possible outcome.
Where are firearm by felon cases heard in Albemarle County?
These felony charges are heard in the Albemarle County Circuit Court, located at 350 Park Street, Charlottesville, VA 22902. You have a right to a jury trial.
For more information, visit the Albemarle County Circuit Court website.
Related Pages: Virginia Criminal Defense Lawyer | Henrico County Criminal Defense Lawyer | Albemarle County DUI Lawyer
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.