Firearm by Felon Lawyer Arlington County, VA

Facing a charge of firearm possession by a convicted felon in Arlington County, Virginia, means confronting a Class 6 felony under Va. Code § 18.2-308.2. This offense carries imprisonment of one to five years, or up to twelve months in jail at the jury’s discretion, and a mandatory minimum of two years if the prior conviction was for a violent felony within the last ten years—rising to five years if the firearm was loaded. The Arlington County Commonwealth’s Attorney prosecutes these matters actively in the Arlington County Circuit Court, where felony trials are held, after preliminary proceedings in the Arlington County General District Court. Because the stakes include incarceration and the permanent loss of firearm rights, early legal engagement is essential. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel team bring experience defending serious criminal charges in Arlington County courts. The firm’s approach includes examining the underlying felony conviction, scrutinizing the legality of the search and seizure, and working to negotiate case resolution or prepare a trial posture. To request a consultation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Firearm by Felon Means in Arlington County

Arlington County, an urban jurisdiction directly across the Potomac River from Washington, D.C., is home to multiple federal agencies, national landmarks, and a dense population. Law enforcement presence is high, and firearm-related offenses are treated with particular seriousness. A charge under Va. Code § 18.2-308.2—commonly referred to as “felon in possession” or “firearm by felon”—requires the Commonwealth to prove that the defendant was previously convicted of a felony and knowingly possessed or transported a firearm. The statute imposes a mandatory minimum sentence of two years if the prior felony was a violent crime under § 17.1-805 committed within ten years; if the firearm is loaded, the mandatory minimum increases to five years. Even without aggravating factors, a conviction is a Class 6 felony that results in a permanent criminal record and the loss of firearm rights.

In Arlington County, these charges are prosecuted in the Circuit Court after a preliminary hearing in the General District Court. The Commonwealth’s Attorney for Arlington County typically takes a hard line on weapons offenses involving prior felons, and the judges of the Seventeenth Judicial District apply the mandatory minimums where the evidence supports them. Because a conviction under § 18.2-308.2 is a felony, expungement is generally not available, making the defense critical from the outset. Mr. Sris and his Of Counsel are familiar with how the Arlington County courts handle these matters and work to identify every possible legal challenge to the charges.

How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases

Defending a firearm-by-felon charge in Arlington County begins with an immediate review of the prior felony record, the circumstances of the alleged possession, and any law enforcement interaction. The firm’s attorneys examine whether the predicate felony is eligible to trigger the prohibition—certain offenses may not qualify, or the conviction may be subject to collateral attack. They scrutinize the search and seizure for constitutional violations, as unlawful police conduct can lead to suppression of the firearm evidence. Where the firearm was discovered in a vehicle or residence shared with others, the defense may challenge constructive possession by showing the weapon belonged to someone else.

Negotiation with the Commonwealth’s Attorney is a key part of the process. In some instances, the charge may be amended to a lesser offense that avoids the mandatory minimum—for example, if the prior conviction is dated or the facts are weak. If a plea agreement is not in the client’s interest, Mr. Sris and his Of Counsel prepare for trial in the Arlington County Circuit Court, where the defendant has the right to a jury. Throughout the case, the firm provides guidance on bond, court appearances, and the collateral consequences of a conviction, including the federal parallel prosecution risk under 18 U.S.C. § 922(g).

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced criminal defense since 1997. Admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, he brings a former prosecutor’s perspective to every defense matter. His Of Counsel team includes an attorney with prior law enforcement experience as a Virginia State Trooper, offering first-hand insight into police procedures and investigative techniques. This background is particularly valuable in firearm cases, where procedural missteps by law enforcement can form the basis for motions to suppress.

Collectively, Mr. Sris and his Of Counsel bring extensive experience to criminal defense in Arlington County. The firm’s Arlington location at 1655 Fort Myer Dr, Suite 700, Room 719, serves clients throughout the county and the surrounding Northern Virginia area. By appointment only, the firm is available to discuss your case and determine the most effective defense strategy. Reach the Arlington location at (888) 437-7747 to schedule a consultation.

Frequently Asked Questions

What is the penalty for firearm possession by a convicted felon in Virginia?

The penalty for a first offense of possession of a firearm by a convicted felon is a Class 6 felony, which carries a prison term of one to five years, or up to twelve months in jail at the jury’s discretion. The statute imposes a mandatory minimum of two years if the prior felony conviction was a violent felony under § 17.1-805 and occurred within ten years; if the firearm was loaded, the mandatory minimum increases to five years. A conviction also results in the permanent loss of firearm rights and a felony criminal record that affects employment, housing, and professional licenses.

Can a convicted felon ever regain firearm rights in Virginia?

A convicted felon may petition for restoration of firearm rights through the Governor’s office, but this process is separate from the criminal defense and does not affect pending charges. Restoration is discretionary and typically requires a showing of rehabilitation and a clean record for an extended period. Because the restoration process is uncertain, the defense goal is to avoid a conviction in the first place. Mr. Sris and his Of Counsel can explain how a favorable resolution of your case may preserve future restoration options.

What defenses are available against a firearm by felon charge in Arlington County?

Defenses may include challenging the validity of the predicate felony conviction, arguing that the defendant did not knowingly possess the firearm, asserting that the search was unconstitutional, or presenting evidence of innocent ownership or self-defense within narrow legal limits. For instance, if the firearm was found in a vehicle or residence shared with others, the defense may show that the defendant had no knowledge of the weapon. A motion to suppress evidence based on an unlawful stop or search is another critical strategy. Each defense depends on the specific facts, and Mr. Sris and his Of Counsel evaluate all available options.

Do I need a lawyer for a firearm by felon charge in Arlington County?

Yes, you should seek legal representation immediately, as a conviction carries mandatory prison time and a permanent felony record. The procedural rules in the Arlington County General District Court and Circuit Court are complex, and the Commonwealth’s Attorney will pursue the full penalties. An experienced criminal defense lawyer can challenge the evidence, negotiate with the prosecutor, and protect your rights at every stage. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for a consultation.

How does the court process work for a firearm by felon charge in Arlington County?

The case begins with an arrest and an initial appearance before a magistrate, followed by a preliminary hearing in the Arlington County General District Court, where a judge determines probable cause; if established, the case is certified to the Arlington County Circuit Court for trial. At the preliminary hearing, the Commonwealth must present some evidence that a felony was committed and that the defendant is connected to the offense. If the judge finds probable cause, the case moves to the Circuit Court, where formal arraignment, discovery, motion practice, and trial or plea occur. Throughout the process, a knowledgeable attorney can advise on bond, plea negotiations, and trial strategy. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your specific situation.

What should I bring to a consultation with a firearm by felon lawyer?

Bring any charging documents, bond papers, and information about your prior felony conviction; also prepare a timeline of events experienced to the arrest. If you have retained any court notices, witness contact details, or evidence related to the firearm’s ownership, those materials help the attorney assess your case quickly. The consultation is an opportunity to ask questions about the legal process, potential outcomes, and the firm’s approach. Call (888) 437-7747 to schedule a meeting at our Arlington location.

Related Criminal Defense Services in Northern Virginia

For criminal defense representation elsewhere in the region, see our pages for Fairfax County criminal lawyer, Prince William County criminal lawyer, and Loudoun County criminal lawyer. Law Offices Of SRIS, P.C. serves Arlington County and all surrounding communities.

Additional Information

The statutes governing firearm possession by felons are codified in Virginia Code Title 18.2. Court procedures for Arlington County are published on the official websites of the Arlington County General District Court and the Arlington County Circuit Court.

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