Firearm by Felon Lawyer Fairfax County, VA

A firearm by felon charge in Fairfax County, Virginia, is a serious felony offense that can lead to a mandatory prison sentence. Under Va. Code § 18.2-308.2, any person previously convicted of a felony who knowingly possesses a firearm faces a Class 6 felony. If the prior felony was a violent felony, a mandatory minimum term of imprisonment applies. These cases are prosecuted in the Fairfax County Circuit Court, where the Commonwealth​’​s Attorney​’​s Office has substantial experience handling weapons charges. Law Offices Of SRIS, P.C. represents individuals facing firearm by felon allegations in Fairfax County. To speak with Mr. Sris about your case, call (888) 437‑7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Firearm by Felon Means in Fairfax County, Virginia

Virginia law prohibits any person convicted of a felony from knowingly and intentionally possessing or transporting a firearm. The governing statute is Va. Code § 18.2-308.2. The charge is often called “felon in possession of a firearm” and, in certain contexts, involves federal prosecution under 18 U.S.C. § 922(g) as well. In Fairfax County, a firearm by felon offense is classified as a Class 6 felony. The possible punishment includes imprisonment from one to five years, or—at the discretion of a jury—incarceration for up to twelve months in jail plus a fine. If the prior felony was a violent felony as defined by Va. Code § 17.1-805 and the offense occurred within ten years of that prior conviction, a mandatory minimum two-year sentence applies. When the firearm is loaded and the predicate violent felony criteria are met, the mandatory minimum increases to five years.

The Fairfax County General District Court handles the initial appearance and preliminary hearing, while the Circuit Court conducts felony trials and accepts guilty pleas. The Commonwealth’s Attorney for Fairfax County prosecutes these matters. Cases are resolved through a variety of procedural paths, including motions to suppress evidence, pretrial negotiations, and jury trials. Because a conviction results in a permanent criminal record and the loss of firearm rights, early involvement of an experienced attorney is critical. Mr. Sris and his Of Counsel team understand how firearms charges are handled in the Nineteenth Judicial District and work to identify issues such as unlawful searches, witness credibility, and statutory defenses.

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

When Law Offices Of SRIS, P.C. represents a person accused of firearm possession by a convicted felon, the legal team begins by carefully analyzing the Commonwealth’s evidence. This includes reviewing the basis for the traffic stop or encounter, examining the validity of any search warrant, and assessing whether the firearm was actually in the client’s possession within the meaning of the statute. Sometimes the defense hinges on whether the client knew the firearm was present or whether the item meets the legal definition of a firearm.

Our firm’s approach includes evaluating the client’s prior felony record to determine whether the offense qualifies as a violent felony under Virginia law. In appropriate situations, the defense may argue that the prior conviction does not fall within the predicate statute, which can eliminate the mandatory minimum sentencing exposure. An Of Counsel attorney who served for fifteen years as a Virginia State Trooper brings practical insight into police procedures and investigative techniques, helping to identify procedural missteps that may support a motion to suppress evidence or a request for a reduced charge. Mr. Sris and his Of Counsel team also explore alternatives such as deferred dispositions where legally available, always with an eye toward minimizing the long-term consequences of a felony conviction.

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. Admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, he has extensive experience in criminal defense matters across multiple jurisdictions. Mr. Sris is a former prosecutor, a background that gives him an informed perspective on how the Commonwealth prepares its case. He is supported by Of Counsel attorneys who bring additional trial experience and, in one instance, a career in Virginia law enforcement prior to legal practice. Together, the team has documented outcomes in thousands of criminal cases across Northern Virginia. In Fairfax County, the firm has handled a substantial number of criminal matters with a documented favorable outcome rate. Results may vary. In any particular case.

Frequently Asked Questions

What is the penalty for a firearm by felon charge in Fairfax County?

A firearm by felon conviction is a Class 6 felony in Virginia, carrying a possible sentence of one to five years in prison, or up to 12 months in jail at the discretion of a jury. When the prior felony was a violent felony within the preceding 10 years, a mandatory minimum two-year sentence applies. If the prior felony was violent and the firearm was loaded, the mandatory minimum rises to five years. Sentencing also includes court costs and a permanent prohibition on firearm possession.

How does a lawyer defend against a firearm by felon charge in Fairfax County?

Defense strategies often focus on challenging the legality of the search and seizure, demonstrating a lack of knowledge of the firearm’s presence, or contesting whether the prior conviction qualifies as a violent felony. An experienced attorney examines whether law enforcement had reasonable suspicion or probable cause for the stop, whether a search warrant was properly obtained, and whether the Commonwealth can prove knowing possession. In some matters, the defense may present evidence that the item was not a functional firearm or that the client did not have actual or constructive possession.

Can a firearm by felon charge be reduced or dismissed in Fairfax County?

Reductions or dismissals are possible when the evidence is weak, the search violated the defendant’s rights, or the predicate felony does not satisfy statutory requirements. For example, if the prior felony is later vacated or the alleged possession cannot be linked to the accused, the Commonwealth may nolle prosequi or agree to an amended charge. Each case is fact-dependent, and past results do not guarantee a similar outcome.

How long does a firearm by felon case take in Fairfax County?

The duration varies based on the complexity of the case and the court’s schedule. Preliminary hearings in the General District Court typically occur within weeks of the initial appearance, while trial in the Circuit Court may be set several months later. Motions practice, witness availability, and evidentiary challenges can extend the timeline further. Early engagement with an attorney helps expedite critical pretrial decisions.

What should I do if I am facing a firearm by felon charge in Fairfax County?

Contact an attorney immediately and avoid discussing the facts with anyone other than your lawyer. Do not speak with law enforcement or the Commonwealth’s Attorney without counsel present. Preserve any relevant documents, photos, or messages. The consequences of a conviction are severe, and prompt legal advice is essential to protect your rights and explore defense options.

Can a prior felony be expunged or the firearm rights restored in Virginia?

Virginia allows expungement of certain criminal records only when the charge was dismissed, nolle prosequi, or the accused was acquitted. A felony conviction cannot be expunged, but the Governor may restore civil rights, including firearm rights, on a case-by-case basis. Restoration of firearm rights is separate from the expungement process and requires an individualized petition. An attorney can evaluate whether your record may be eligible for relief.

What is the difference between state and federal firearm by felon charges?

State charges are prosecuted under Va. Code § 18.2-308.2; federal charges under 18 U.S.C. § 922(g) carry generally more severe penalties. Federal sentences are governed by the U.S. Sentencing Guidelines, often involve mandatory minimums, and there is no parole in the federal system. A single incident can lead to both state and federal prosecution, although dual prosecution is uncommon. An experienced attorney can assess the likelihood of federal involvement and coordinate a defense strategy across both systems.

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

Yes. A felony conviction carries incarceration, a permanent criminal record, and loss of firearm rights, making legal representation critical. The procedural rules and evidentiary standards in felony cases are complex, and the Commonwealth is represented by experienced prosecutors. An attorney can review the facts, identify defenses, negotiate with the prosecutor, and, if necessary, try the case before a jury. To request a consultation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

Also serving: Criminal Lawyer Prince William County | Criminal Lawyer Stafford County | Criminal Lawyer Fauquier County | Criminal Lawyer Loudoun County | Criminal Lawyer Arlington County

Primary sources: Virginia Code § 18.2-308.2 | Virginia Courts

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.