Firearm by Felon Lawyer Fairfax, VA
A charge under Va. Code § 18.2-308.2—possession of a firearm by a convicted felon—is a Class 6 felony in Virginia. Prosecutors pursue these cases actively, and a conviction carries a mandatory minimum sentence that can reach five years. If you or a family member has been arrested for firearm by a felon in Fairfax, the matter will be heard in the Fairfax County Circuit Court or the Fairfax City Circuit Court. The Commonwealth’s Attorney’s Office presents evidence through the General District Court at a preliminary hearing before the case proceeds to the Circuit Court for trial. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. represent individuals facing felony firearm charges in both Fairfax County and Fairfax City. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What a Firearm by Felon Charge Means in Fairfax
Under Va. Code § 18.2-308.2, it is unlawful for any person convicted of a felony to knowingly and intentionally possess or transport a firearm. The offense is a Class 6 felony, punishable by a term of imprisonment of one to five years, or, at the discretion of a jury, up to twelve months in jail and a fine of up to $2,500. The statute imposes a mandatory minimum sentence of two years if the prior felony was a violent felony as defined in § 17.1-805 and the offense occurred within ten years of the prior conviction. If the prior violent felony conviction involved a firearm that was loaded, the mandatory minimum increases to five years.
In Fairfax, a firearm by a felon case proceeds through the Fairfax County Circuit Court or the Fairfax City Circuit Court, depending on where the alleged offense occurred. The court addresses factual and legal issues such as whether the accused knew the item was a firearm, whether the item qualifies as a firearm under the statute, and whether the underlying felony conviction is valid. Conviction results in a permanent criminal record and the loss of firearm rights, which can affect employment, professional licenses, and immigration status. Mr. Sris and his Of Counsel appear regularly in both Fairfax County and Fairfax City Circuit Courts and understand the procedural expectations of these venues. The firm’s Fairfax location at 4008 Williamsburg Court is by appointment; consultations are available by calling (888) 437-7747.
How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases
When Law Offices Of SRIS, P.C. Undertakes a firearm by felon defense in Fairfax, the process begins with a thorough review of the arrest and charging documents. The team examines whether the search that uncovered the firearm complied with Fourth Amendment requirements, whether the accused had actual or constructive possession of the firearm, and whether the alleged prior felony qualifies under the statutory definition. Any procedural misstep by law enforcement can form the basis of a motion to suppress evidence.
Plea bargaining is permitted under Rule 3A:8 of the Rules of the Supreme Court of Virginia; the Commonwealth’s Attorney and defense counsel may negotiate a plea agreement, which the court may accept or reject. Mr. Sris and his Of Counsel engage with prosecutors where the evidence or equities warrant a reduction or dismissal. If a trial is necessary, the case is prepared for presentation before a judge or jury in the Fairfax County Circuit Court or Fairfax City Circuit Court. The firm’s approach focuses on challenging each element of the charge while protecting the client’s rights throughout the proceedings. Each case receives individual case review, and the team works methodically toward a resolution that accounts for the client’s personal and legal circumstances.
About Mr. Sris and His Of Counsel Team
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. A former prosecutor, he brings insight into how the Commonwealth builds its case and identifies pressure points in the state’s evidence. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Mr. Sris is supported by a team of Of Counsel attorneys who bring extensive combined legal experience between Mr. Sris and his Of Counsel to criminal defense matters in Fairfax. The firm has a track record of favorable outcomes in criminal cases throughout the region. Results may vary. To discuss your case, reach the firm at (888) 437-7747.
Frequently Asked Questions
What is the penalty for firearm by felon in Fairfax?
A conviction under Va. Code § 18.2-308.2 is a Class 6 felony that carries a prison term of one to five years, or up to twelve months in jail at the discretion of a jury, plus a fine of up to $2,500. Mandatory minimums apply in many cases. If the prior conviction was for a violent felony and occurred within ten years, the mandatory minimum is two years; if the prior violent felony involved a loaded firearm, the minimum is five years. These sentences are served day-for-day in the Virginia correctional system.
Do I need a lawyer for a firearm by felon charge in Fairfax?
Yes, you should have experienced defense counsel because a conviction carries mandatory incarceration and a permanent felony record. The consequences extend beyond the sentence; a felony conviction affects employment, housing, and certain civil rights. An attorney can evaluate whether the evidence was lawfully obtained, whether the item meets the legal definition of a firearm, and whether the prior conviction is valid. Early representation may affect the direction of the case. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your situation.
How can a lawyer defend against firearm by felon charges?
Defense strategies may include challenging the legality of the search, contesting whether the accused actually possessed the firearm, or proving that the item does not qualify as a firearm under Virginia law. The prosecution must prove knowing and intentional possession. If the arrest arose from a traffic stop or interaction with police that lacked reasonable suspicion or probable cause, a motion to suppress may lead to a dismissal. Mr. Sris and his Of Counsel also explore whether the prior felony conviction is correct and whether the firearm was loaded—facts that affect the mandatory minimum. Each defense is tailored to the specific facts of the case.
Can a convicted felon ever own a gun again in Virginia?
Restoration of firearm rights in Virginia requires a petition to the Governor after all other civil rights have been restored. Even after a successful restoration, federal law under 18 U.S.C. § 922(g) may still prohibit possession of firearms. The process is separate from any criminal defense matter and does not affect an active charge. If you are facing a firearm by felon charge, the immediate priority is to defend against the current prosecution.
What should I do if I am arrested for firearm by felon in Fairfax?
Remain silent, do not answer questions about the firearm or your criminal record, and ask to speak with an attorney as soon as possible. The police may attempt to obtain statements that can be used against you. Cooperate with booking procedures but assert your right to counsel before any substantive discussion. Contact a defense attorney promptly. Law Offices Of SRIS, P.C. is available at (888) 437-7747 to discuss next steps.
Which court handles firearm by felon cases in Fairfax?
Felony firearm by felon charges are heard in the Circuit Court of Fairfax County or Fairfax City, depending on where the alleged offense occurred. The case begins with a preliminary hearing in the General District Court, where the Commonwealth must establish probable cause. If probable cause is found, the matter is certified to the Circuit Court for trial. Mr. Sris and his Of Counsel appear at both the Fairfax County Circuit Court (4110 Chain Bridge Road, Fairfax, VA 22030) and the Fairfax City Circuit Court.
Related pages: Fairfax County Criminal Lawyer | Falls Church Criminal Lawyer | Prince William County Criminal Lawyer | Manassas Criminal Lawyer | Manassas Park Criminal Lawyer
Virginia law and court resources: Va. Code § 18.2-308.2 | Virginia Courts
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary. © 1997-2026 Law Offices Of SRIS, P.C. by appointment only. Reach the firm at (888) 437-7747.