Firearm by Felon Lawyer Poquoson, VA
Under Virginia law, a charge of possessing a firearm after a felony conviction is a serious felony offense carrying a mandatory minimum term of incarceration. The offense is set out in Va. Code § 18.2‑308.2 and is prosecuted in the Poquoson courts—the Poquoson General District Court for preliminary matters and the Poquoson Circuit Court for felony trials. A conviction can bring years of imprisonment, the loss of future firearm rights, and a permanent criminal record that affects employment, housing, and professional licensing. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., together with the firm’s Of Counsel attorneys, represents individuals facing firearm‑by‑felon charges in Poquoson and throughout the Eighth Judicial District. If you or someone close to you has been charged with this offense, contact Law Offices Of SRIS, P.C. at (888) 437‑7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Firearm by Felon under Virginia Law
Va. Code § 18.2‑308.2 makes it unlawful for any person who has been convicted of a felony to knowingly and intentionally possess or transport a firearm. This is a Class 6 felony, punishable by a term of imprisonment of not less than one year nor more than five years, or, at the discretion of a jury or the court, by confinement in jail for up to 12 months and a fine of up to $2,500. The statute also mandates a minimum term of two years if the underlying felony was a “violent felony” as defined in Va. Code § 17.1‑805 and the firearm is possessed within 10 years of the prior conviction. If the firearm is loaded at the time of the offense, the mandatory minimum rises to five years. The Commonwealth’s Attorney for the City of Poquoson prosecutes these cases, and the outcome often turns on the factual circumstances of the alleged possession—whether the item meets the statutory definition of a firearm, whether the defendant had knowledge of its presence, and whether any lawful justification applies. An experienced defense team reviews every aspect of the case, from the initial traffic stop or search to the chain of custody of the evidence, to identify procedural and constitutional issues that can affect the prosecution’s case.
A conviction for firearm by felon also carries collateral consequences beyond incarceration. Virginia law imposes a permanent firearm disability on convicted felons; restoration of firearm rights requires a separate petition to the Governor. Additionally, a felony conviction may affect professional licenses, immigration status, and the ability to serve in certain occupations. Because the stakes are so high, early involvement of counsel is critical. Mr. Sris and the firm’s Of Counsel attorneys evaluate the case at the earliest possible stage, often before the accused is formally arraigned, to protect the client’s rights throughout the proceeding.
Poquoson Courts and the Local Legal Landscape
The City of Poquoson is part of Virginia’s Eighth Judicial District. Cases involving felony firearms charges proceed through two levels of court. The Poquoson General District Court, located at 500 City Hall Avenue, Poquoson, VA 23662, handles the initial appearance, bond determination, and the preliminary hearing. At the preliminary hearing, the Commonwealth must present enough evidence to establish probable cause that a crime was committed and that the defendant committed it. If probable cause is found, the case is certified to the Poquoson Circuit Court for trial. A defendant charged with a felony has an absolute right to a jury trial in the Circuit Court. Law Offices Of SRIS, P.C. maintains a Richmond location that serves clients in Poquoson, and Mr. Sris and the firm’s Of Counsel attorneys regularly appear at the Poquoson courthouse on behalf of individuals facing firearm‑by‑felon and other criminal charges. The firm’s familiarity with local court procedures, the Commonwealth’s Attorney’s Office, and the practices of the Eighth Judicial District helps clients navigate each stage with clarity.
How the Firm Handles Firearm by Felon Cases
After a person contacts Law Offices Of SRIS, P.C., Mr. Sris and the firm’s Of Counsel attorneys begin by obtaining all available discovery, including police reports, witness statements, forensic evidence, and any audio or video recordings. Every avenue of defense is explored—whether the search that uncovered the firearm complied with the Fourth Amendment, whether the Commonwealth can prove the defendant had knowledge of the firearm’s presence, and whether the underlying felony predicates are valid and properly documented. The defense team also examines whether the item itself qualifies as a “firearm” under Virginia law; antique guns and certain inoperable devices may not satisfy the statutory definition.
If the evidence is strong, the firm works to achieve the most favorable resolution possible. This may include negotiating a reduced charge, such as an amendment to an offense that does not carry the same mandatory minimum sentence or the same collateral firearm disability. In appropriate cases, Mr. Sris and the firm’s Of Counsel attorneys explore whether a deferred disposition or a diversion program can avoid a felony conviction altogether. Throughout the process, the client is kept informed of the risks and the realistic options, and the firm prepares for trial in every case so that the client is not pressured into an unfavorable plea simply because a trial date approaches. The approach is straightforward: exhaust every factual and legal argument, present the defense forcefully in court, and work toward an outcome that protects the client’s future.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris is a former prosecutor, Owner and Founder of Law Offices Of SRIS, P.C., and a practicing attorney since 1997. He is admitted to the bars of Virginia, Maryland, the District of Columbia, New Jersey, and New York. His prior experience as a prosecutor gives him insight into how the Commonwealth’s Attorney builds a case, and he applies that understanding to every criminal matter the firm handles. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). The firm’s Of Counsel attorneys include practitioners with prior law enforcement backgrounds and extensive trial experience, bringing a combined practical knowledge of police procedures, investigative techniques, and courtroom strategies. Collectively, Mr. Sris and the firm’s Of Counsel attorneys work to protect the rights of individuals facing firearm‑by‑felon charges in Poquoson, from the initial bond hearing through trial and, if necessary, appeal. Reach Mr. Sris and the firm at (888) 437‑7747.
Frequently Asked Questions
What is “firearm by felon” under Virginia law?
Firearm by felon is a criminal charge under Va. Code § 18.2‑308.2 that makes it illegal for a person convicted of a felony to knowingly and intentionally possess or transport a firearm. It is classified as a Class 6 felony. The offense is distinct from federal felon‑in‑possession charges under 18 U.S.C. § 922(g), but the two can be brought simultaneously. A conviction under this statute results in a permanent criminal record and a lifetime prohibition on firearm ownership unless the Governor restores the individual’s rights. Even a single piece of ammunition can support the charge if it can be linked to the accused. The Commonwealth must prove both the prior felony conviction and the possession element beyond a reasonable doubt.
What are the penalties for a firearm by felon conviction in Poquoson?
A conviction for firearm by felon in Poquoson carries a prison sentence of one to five years, or up to 12 months in jail and a fine of up to $2,500 at the discretion of the court. If the underlying felony was a violent felony and the offense occurs within ten years of that conviction, the statute imposes a mandatory minimum of two years. If the firearm was loaded at the time of the offense, the mandatory minimum rises to five years. These mandatory minimum terms are not subject to suspension or reduction by a judge. Additionally, a felony conviction carries loss of the right to vote while incarcerated, and the defendant becomes permanently barred from possessing firearms. Federal law may also impose a separate prohibition, potentially resulting in federal charges under 18 U.S.C. § 922(g).
How does a Virginia lawyer defend against a firearm by felon charge?
A defense to a firearm by felon charge can take several forms, depending on the facts of the case. Common defense strategies include challenging the legality of the search that uncovered the firearm, contesting whether the accused knowingly possessed the item, and arguing that the object does not meet the legal definition of a firearm under Virginia law. The team may also examine the validity of the underlying felony conviction—if the prior felony has been expunged or set aside, it may not serve as a predicate. In some cases, the defense may present evidence of a lawful justification, such as an emergency self‑defense situation (although such defenses are narrow). A thorough investigation into how the firearm was discovered and the chain of custody is critical to identifying weaknesses in the prosecutor’s case.
What should I do if I am facing a firearm by felon charge in Poquoson?
If you are under investigation or have been charged with firearm by felon in Poquoson, do not discuss the case with anyone except your attorney and contact a criminal defense lawyer as soon as possible. Avoid making any statements to law enforcement without counsel present. Preserve all documents, photos, or messages that may be relevant to the case. The earliest stages of a criminal matter—the bond hearing, the preliminary hearing, and the period before formal charges are filed—can significantly influence the final outcome. An experienced attorney can advise you on what to say, what to do, and how to protect your rights from the moment you learn of the investigation. Reach Law Offices Of SRIS, P.C. at (888) 437‑7747 to request a consultation.
Can a convicted felon ever regain firearm rights in Virginia?
Restoration of firearm rights for a convicted felon in Virginia requires a separate petition to the Governor and is not automatic. Under Virginia law, a person who has lost the right to possess a firearm because of a felony conviction may apply to the Governor for a restoration of civil rights, which includes the right to possess a firearm. The process typically requires a waiting period after the completion of the sentence and any probation or parole, and the applicant must demonstrate rehabilitation and a law‑abiding life. Even after restoration of state firearm rights, federal law may continue to prohibit possession under 18 U.S.C. § 922(g). Because the process is complex and the consequences of a mistake are severe, anyone seeking to have firearm rights restored should consult an attorney familiar with both state and federal firearms law.
Where can I find a firearm by felon lawyer near Poquoson, Virginia?
Law Offices Of SRIS, P.C. represents clients in Poquoson through its Richmond location and can be reached at (888) 437‑7747. The firm’s attorneys, including Mr. Sris and the firm’s Of Counsel, regularly appear at the Poquoson General District Court and the Poquoson Circuit Court on felony matters. To discuss your case and explore your options, contact the firm to schedule a consultation. Phones are answered at (888) 437‑7747.
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary. The information on this page is for general informational purposes only and does not constitute legal advice.
Case results depend on a variety of factors unique to each case.