Understanding Firearm by Felon Charges Under Virginia Law
Virginia Code § 18.2-308.2 makes it unlawful for any person convicted of a felony to knowingly and intentionally possess, transport, or carry a firearm. This prohibition applies to all felonies, including non-violent offenses. A violation is a Class 6 felony, punishable by 1 to 5 years in prison, with a mandatory minimum sentence of 2 years if the prior felony was a violent crime. The law also applies to persons convicted of certain misdemeanor domestic violence offenses. The prosecution must prove that you knew you were a convicted felon and that you knowingly possessed the firearm. As a Firearm by Felon Lawyer Chesapeake, we challenge the evidence and procedural compliance at every stage.
Last verified: April 2026 | Chesapeake General District Court | Virginia General Assembly — official site
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience.
Official Legal References
Review the governing statute: Va. Code § 18.2-308.2 (Virginia General Assembly — official site).
Learn about court procedures: Chesapeake General District Court (Virginia Courts — official site).
Insider Knowledge: How Chesapeake Courts Handle Firearm by Felon Cases
In Chesapeake General District Court, prosecutors routinely seek the mandatory minimum sentence in firearm by felon cases. We have observed that the Commonwealth’s Attorney for Chesapeake aggressively pursues these charges, especially when the prior felony involved violence.
Early intervention is critical. The preliminary hearing in General District Court is your first opportunity to challenge the evidence.
- Do not consent to any search of your person, vehicle, or home.
- Invoke your right to remain silent and request an attorney.
- Document all interactions with law enforcement.
- Preserve any evidence that may show you did not know the firearm was present.
- Contact a felon with firearm defense lawyer Chesapeake immediately.
- Attend all court dates with your attorney.
In Chesapeake, a firearm by felon charge under Va. Code § 18.2-308.2 carries a penalty range of 1 to 5 years in prison, with a mandatory minimum of 2 years for certain prior violent felonies.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Firearm by Felon (first offense) | Class 6 Felony | 1-5 years (mandatory min. 2 years if prior violent felony) | Up to $2,500 | Loss of firearm rights permanently | Loss of voting rights; difficulty finding employment and housing |
| Firearm by Felon (subsequent offense) | Class 6 Felony | 1-5 years (mandatory min. 2 years) | Up to $2,500 | Loss of firearm rights permanently | Enhanced sentencing; federal charges possible |
Results may vary.
Why Choose Law Offices Of SRIS, P.C. for Your Firearm by Felon Defense?
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. Our team includes Bryan Block, a former Virginia State Trooper with 15 years of law enforcement experience, who understands police procedures and can identify weaknesses in the prosecution’s case. We have extensive experience defending firearm by felon charges in Chesapeake courts.
Your Defense Team
Proven Results in Chesapeake
Law Offices Of SRIS, P.C. has extensive criminal defense experience in Chesapeake: 1 documented result — 1 dismissed or not guilty, a favorable outcome in all reported instances. Results may vary. This firm-wide experience across VA, MD, DC, NY and NJ includes 4,739+ documented results.
Our Location and Service Area
Our location in Richmond is approximately 90 miles from Chesapeake General District Court (307 Albemarle Drive, Chesapeake, VA 23322), with access via I-64 and I-464.
We are a prohibited person gun charge lawyer Chesapeake serving clients throughout the area.
Serving the communities of Chesapeake, Deep Creek, Great Bridge, Greenbrier.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Our Location: 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 | (804) 201-9009
Frequently Asked Questions About Firearm by Felon Charges in Chesapeake
What is the penalty for a misdemeanor in Chesapeake, Virginia?
A Class 1 misdemeanor in Chesapeake carries up to 12 months in jail and a $2,500 fine. A Class 2 misdemeanor: up to 6 months/$1,000. Common charges include assault and battery (§ 18.2-57), petit larceny under $1,000 (§ 18.2-96), and driving on suspended (§ 46.2-301). Cases heard at Chesapeake General District Court (307 Albemarle Drive, Chesapeake, VA 23322).
Yes. A Class 1 misdemeanor carries up to 12 months in jail and a $2,500 fine.
Can criminal charges be expunged in Chesapeake, Virginia?
Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most convictions cannot be expunged. The petition is filed in Chesapeake Circuit Court. First-offense marijuana possession may qualify through deferred disposition.
Yes, but only for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2.
How does bail work in Chesapeake, Virginia?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors in Chesapeake. Secured bond (bail bondsman charges ~10%) is typical for felonies. Bond can be appealed to Chesapeake General District Court.
A magistrate sets bond after arrest. Personal recognizance is common for first-offense misdemeanors.
Do I need a criminal defense lawyer in Chesapeake (City), Virginia?
Yes. Criminal charges carry possible jail time, fines, and a permanent record that affects employment, housing, professional licenses, and immigration status. Even a misdemeanor at Chesapeake General District Court has serious long-term consequences. Early legal representation is critical.
Yes. Criminal charges carry serious long-term consequences that require experienced legal representation.
What is the difference between GDC and Circuit Court in Chesapeake?
Chesapeake General District Court handles misdemeanor trials and felony preliminary hearings. Chesapeake Circuit Court handles felony jury trials and appeals from GDC. You have an absolute right to a jury trial in Circuit Court for any offense carrying jail time.
GDC handles misdemeanor trials and felony preliminary hearings; Circuit Court handles felony jury trials and appeals.
How does a Virginia lawyer defend against firearm by felon charges?
Defense strategies for firearm by felon in Virginia may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under Va. Code § 18.2-308.2 to build the strongest possible defense.
Defense strategies may include challenging evidence, examining procedural compliance, and negotiating with prosecutors.
What should I do if I am facing firearm by felon charges in Virginia?
If facing firearm by felon charges in Virginia, contact a criminal attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The statute of limitations and court deadlines under Virginia law require prompt action.
Contact a criminal attorney immediately and do not discuss the case with anyone except your lawyer.
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Last verified: April 2026
By appointment only. Our location in Richmond serves clients in Chesapeake.
Attorney responsible for this advertising: Mr. Sris.
Case results depend on a variety of factors unique to each case.