Firearm by Felon Lawyer Arlington County, VA
If you are facing a charge of possession of a firearm by a convicted felon in Arlington County, Virginia, Law Offices Of SRIS, P.C. provides experienced defense representation. The firm concentrates on defending individuals accused of violating Va. Code § 18.2‑308.2, a charge that carries mandatory minimum sentences and serious consequences. Mr. Sris and his Of Counsel bring extensive combined legal experience to these matters, appearing in Arlington County General District Court for preliminary hearings and in Arlington County Circuit Court for trial. The firm’s Arlington location is by appointment only. To request a consultation, call (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Under Va. Code § 18.2‑308.2, a conviction for possession of a firearm by a convicted felon carries a mandatory minimum sentence of two years when the prior felony was a violent offense within the last ten years.
Source: Va. Code § 18.2‑308.2. Virginia Law Portal
Reviewed by Mr. Sris, admitted in VA, MD, DC, NJ, NY.
What Firearm by Felon Means in Arlington County
In Arlington County, a “firearm by felon” charge arises when a person with a prior felony conviction is alleged to have knowingly and intentionally possessed or transported 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 the jury, up to twelve months in jail. However, severe sentencing enhancements apply when the prior felony involved violence. The Commonwealth’s Attorney for Arlington County prosecutes these cases vigorously.
Arlington County General District Court, located at 1425 N. Courthouse Rd, Suite 2400, handles the initial appearance and preliminary hearing. If the judge finds probable cause, the matter is certified to Arlington County Circuit Court, where the defendant may elect trial by jury. The Circuit Court has jurisdiction over felony trials and imposes final sentencing. Because a conviction results in a permanent criminal record and the loss of firearm rights, early and thorough preparation is critical.
The firm’s Arlington location is convenient to residents of Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington. Mr. Sris and his Of Counsel have extensive experience appearing in Arlington County courts and are familiar with the local procedures and prosecutorial approach.
How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases
Defense strategy in a firearm by felon case often begins with a close examination of the stop, search, and seizure that led to the discovery of the weapon. Mr. Sris and his Of Counsel review whether law enforcement had reasonable suspicion or probable cause, whether the search fell within a recognized exception to the warrant requirement, and whether the alleged possession was knowing and intentional. Where procedural violations are identified, the firm moves to suppress evidence.
The firm also investigates whether the prior felony conviction is valid to support the charge. If the prior offense does not meet the statutory definition of a violent felony or if the defendant’s civil rights have been restored, the mandatory minimum enhancements may not apply. Mr. Sris and his Of Counsel negotiate with the Commonwealth’s Attorney to explore case resolution, including the possibility of an amendment to a lesser offense, pre-trial diversion, or other disposition that avoids the full weight of the mandatory sentence. Throughout the process, the client receives a realistic assessment of the options and the likely outcomes.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor with extensive trial experience. Since 1997 he has built a firm that practices across 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 and his Of Counsel bring extensive combined legal experience. Results may vary.
The firm’s Of Counsel team includes attorneys with backgrounds in law enforcement and prosecution, providing a thorough understanding of how the Commonwealth builds its case. Every client’s matter is handled with careful attention to the specific facts, not a one‑size‑fits‑all approach. To schedule a consultation, call (888) 437‑7747.
Frequently Asked Questions
How does a Virginia lawyer defend against firearm by felon charges?
Defense strategies include challenging the legality of the stop, frisk, or search, contesting whether the accused knowingly possessed the firearm, and examining the validity of the prior felony conviction. Where evidence was obtained in violation of the Fourth Amendment, a motion to suppress can lead to dismissal. The firm may also negotiate with the prosecutor to amend the charge or seek a disposition that avoids a mandatory minimum sentence by showing the absence of a violent predicate offense.
What should I do if I am facing firearm by felon charges in Arlington County?
Immediately consult an experienced criminal defense attorney who practices in Arlington County courts. Do not discuss the facts of the case with anyone other than your lawyer. Preserve any documentation regarding the prior conviction, restoration of rights, or the circumstances of the arrest. Prompt action allows your counsel to evaluate constitutional issues and begin preparing for the preliminary hearing in Arlington County General District Court.
What are the penalties for possession of a firearm by a convicted felon in Virginia?
The offense is a Class 6 felony, carrying one to five years in prison, or up to twelve months in jail at the discretion of the jury. If the prior felony was a violent crime under § 17.1‑805 and occurred within the last ten years, a mandatory minimum two‑year sentence applies. If the firearm was loaded, the mandatory minimum increases to five years. A conviction also results in a permanent loss of firearm rights under federal and state law.
Do I need a lawyer for a firearm by felon charge in Arlington County?
Yes. Because of the mandatory sentencing enhancements and the long‑term consequences of a felony conviction, experienced legal representation is essential. An attorney can challenge the prosecution’s evidence, raise constitutional defenses, and seek the most favorable resolution available under Virginia law. Attempting to handle the matter without counsel risks a sentence that could have been reduced or avoided.
How do Arlington County courts handle firearm by felon cases?
The case begins with an initial appearance in Arlington County General District Court, where bond is set and a preliminary hearing is scheduled. At the preliminary hearing, the Commonwealth must show probable cause that a felony crime was committed and that the accused committed it. If probable cause is found, the case is certified to Arlington County Circuit Court, where the defendant may elect a jury trial and where final sentencing occurs.
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Authoritative sources: Virginia Code § 18.2‑308.2 · Arlington County Circuit Court · Virginia Crimes and Offenses (Title 18.2)
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Case results depend on a variety of factors unique to each case.