Firearm by Felon Lawyer Colonial Heights, VA
A charge of firearm by felon in Colonial Heights, Virginia, carries severe consequences under Va. Code § 18.2-308.2. Conviction means a Class 6 felony with a mandatory minimum prison term and a permanent loss of firearm rights. Law Offices Of SRIS, P.C. represents individuals facing this charge in Colonial Heights General District Court and Colonial Heights Circuit Court. Mr. Sris, Owner and Founder of the firm, is a former prosecutor who has practiced criminal defense since 1997. He and the firm’s Of Counsel attorneys approach each case with an understanding of how law enforcement and the Commonwealth’s Attorney build a prosecution. If you or a family member has been charged with possession of a firearm by a convicted felon, contact us to request a consultation at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Understanding Firearm by Felon Charges in Colonial Heights
In Virginia, it is unlawful for any person convicted of a felony to knowingly and intentionally possess or transport a firearm. The statute applies whether the firearm is operable or not, and whether the prior felony occurred in Virginia or another jurisdiction. The charge is actively prosecuted, and the Commonwealth’s Attorney for the City of Colonial Heights pursues these cases in the Twelfth Judicial District.
The Colonial Heights General District Court, located at 550 Boulevard, Colonial Heights, VA 23834, handles initial appearances and preliminary hearings for felony firearm charges. If a judge finds probable cause, the case is certified to the Colonial Heights Circuit Court for trial or plea. A defendant has an absolute right to a jury trial in Circuit Court for any offense carrying the possibility of incarceration—a right that is especially important when a mandatory minimum sentence applies.
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 in prison if the prior felony was a violent felony within the preceding 10 years, and five years if the prior felony was a violent felony and the firearm was loaded.
Source: Va. Code § 18.2-308.2. Virginia Legislative Information System
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Even without a mandatory minimum enhancement, a Class 6 felony conviction for firearm by felon exposes a person to a sentence of one to five years in prison, or—at the discretion of a jury—up to 12 months in jail and a fine. A conviction also triggers a lifetime prohibition on firearm possession under federal law and may affect employment, housing, and professional licenses. Because the penalties are severe, having experienced defense counsel familiar with Colonial Heights court procedures is critical.
How Mr. Sris and the Firm’s Of Counsel Attorneys Approach Firearm by Felon Defense
Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience to firearm by felon defense matters. Results may vary. The defense begins with a careful review of the traffic stop, search, or investigation that led to the charge. Fourth Amendment challenges—whether law enforcement had reasonable suspicion or probable cause—can result in evidence suppression and case dismissal.
The firm’s Of Counsel attorneys include professionals with backgrounds in law enforcement and prosecution, which provides insight into how a firearm charge is built from arrest to indictment. In Colonial Heights, the Commonwealth’s Attorney may extend a plea offer, but the firm’s attorneys are prepared to take cases to trial when the evidence allows. Possible defenses include lack of possession (actual or constructive), absence of a qualifying prior felony conviction, restoration of civil rights, and constitutional challenges. Every client receives a defense strategy tailored to the facts and the courtroom in which the case will be heard.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997. A former prosecutor, he has practiced criminal law for more than 25 years and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He concentrates his practice on complex criminal defense matters, including firearm charges, and appears regularly in courts throughout the Commonwealth.
The firm’s Of Counsel attorneys work alongside Mr. Sris, contributing experience in law enforcement, prosecution, and trial advocacy. Clients benefit from a collaborative approach that draws on varied professional backgrounds. When you engage Law Offices Of SRIS, P.C., you gain access to a team that understands Virginia criminal procedure and the local Colonial Heights court system.
Frequently Asked Questions
What should I do if I am facing firearm by felon charges in Colonial Heights, Virginia?
Contact a criminal defense attorney immediately and do not discuss the situation with anyone except your lawyer. Invoke your right to remain silent and request legal representation. Preserve any documents, messages, or other evidence that may be relevant to your case. The courts in Colonial Heights move quickly—misdemeanor trials can be scheduled within weeks, and felony preliminary hearings typically occur within 21 to 60 days of arrest. Early attorney involvement can influence bond conditions and case strategy. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation.
How does a Virginia lawyer defend against firearm by felon charges?
Defense strategies focus on challenging the underlying stop or search, contesting the element of possession, or disputing the validity of the prior felony conviction. An experienced attorney examines whether law enforcement had reasonable suspicion to initiate a stop and whether any search fell within a recognized exception to the warrant requirement. Other defenses include showing that the accused did not have actual or constructive possession of the firearm, that civil rights had been restored, or that the prior adjudication does not qualify as a felony under Virginia law. The federal counterpart under 18 U.S.C. § 922(g) may also be charged in parallel, requiring a coordinated defense strategy.
What is the difference between General District Court and Circuit Court for a firearm by felon case in Colonial Heights?
Colonial Heights General District Court handles the initial appearance, bond determination, and preliminary hearing; the Circuit Court handles the felony trial and any jury proceeding. At the preliminary hearing, a GDC judge decides whether probable cause exists to certify the case to the Circuit Court. If certified, the defendant has a right to a jury trial in Circuit Court, where a different judge presides. All felony firearm by felon charges ultimately proceed to the Circuit Court, which has jurisdiction to impose the full statutory sentence, including any mandatory minimum.
Can a firearm by felon conviction be expunged or sealed in Virginia?
Generally, a conviction for firearm by felon cannot be expunged under current Virginia law. Virginia Code § 19.2-392.2 permits expungement only for charges that result in acquittal, nolle prosequi, or dismissal. A conviction does not qualify. However, the 2021 record-sealing framework (Va. Code §§ 19.2-392.5 through 19.2-392.16) may eventually allow certain felony convictions to be sealed after a waiting period, but implementation is pending. Restoration of firearm rights requires a separate gubernatorial petition and is rarely granted for a weapon offense. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Do I need a lawyer for a firearm by felon charge in Colonial Heights?
Yes, because a conviction carries a mandatory minimum prison sentence and a permanent loss of firearm rights. A firearm by felon charge is a Class 6 felony, and Virginia courts take it seriously. The Commonwealth’s Attorney prosecutes these cases vigorously. Without counsel, you risk a conviction that could result in years of incarceration and collateral consequences affecting employment and housing. An attorney familiar with Colonial Heights court procedures can negotiate with the prosecutor, identify procedural errors, and prepare a trial defense if necessary. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
What is the mandatory minimum sentence for a firearm by felon conviction in Virginia?
The mandatory minimum is two years in prison if the prior felony was a violent felony within the last 10 years, and five years if the prior violent felony involved a firearm and the firearm was loaded at the time of the new offense. These minimums apply even if the judge or jury believes a lesser sentence is appropriate. The mandatory minimum must be served without early release for good behavior. If the prior felony does not trigger a mandatory minimum, the penalty for a Class 6 felony is one to five years in prison or, at jury discretion, up to 12 months in jail. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.
More resources:
Virginia Code § 18.2-308.2 |
Colonial Heights General District Court |
Colonial Heights Circuit Court
Practice area pages:
Virginia Criminal Defense |
Colonial Heights Criminal Defense Lawyer |
Richmond Criminal Lawyer |
Chesterfield County Criminal Defense |
Petersburg Criminal Lawyer
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