Firearm by Felon Lawyer King William County, VA

You were arrested for possessing a firearm after a prior felony conviction. Now you face a felony charge that could send you to prison and permanently strip your firearm rights. In King William County, Virginia, a firearm-by-felon charge under Va. Code § 18.2-308.2 is a serious matter. The Commonwealth’s Attorney’s Office prosecutes these cases actively, and a conviction carries mandatory prison time in many circumstances. You need experienced defense counsel who understands how these cases are actually prosecuted and defended in the Ninth Judicial District. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. have handled criminal matters in King William County since 1997. Call (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Firearm by Felon Means in King William County

In Virginia, it is a Class 6 felony for any person who has been convicted of a felony to knowingly and intentionally possess or transport a firearm. This offense is codified at Va. Code § 18.2-308.2. The law applies broadly to handguns, rifles, shotguns, and certain other weapons. King William County law enforcement agencies, including the Sheriff’s Office and the Virginia State Police, regularly investigate alleged violations, and charges frequently arise from traffic stops, domestic calls, or probation checks.

Cases are initially heard in the King William County General District Court, located at 351 Courthouse Lane, Suite 201, King William, VA 23086. The General District Court handles arraignment, bond review, and preliminary hearings in felony matters. If a grand jury returns an indictment, the case transfers to the King William County Circuit Court for trial. Defendants have an absolute right to a jury trial in Circuit Court for any felony carrying potential incarceration.

Penalties under § 18.2-308.2 are significant. A standard first-offense conviction is punishable by one to five years imprisonment, or, at the discretion of the jury, up to twelve months in jail and a fine. If the prior felony conviction was a violent felony as defined in Va. Code § 17.1-805 and occurred within the previous ten years, a mandatory minimum two-year prison term applies. If the prior violent felony occurred within ten years and the firearm was loaded, the mandatory minimum increases to five years. A conviction also results in a permanent loss of state and federal firearm rights. Mr. Sris and his Of Counsel have 2 documented results in King William County, both reduced or amended — favorable outcomes in all reported instances. Results may vary.

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

Defending a firearm-by-felon charge requires a thorough examination of the stop, search, seizure, and the underlying prior conviction. Mr. Sris and his Of Counsel scrutinize every element of the prosecution’s case. They review whether law enforcement had reasonable suspicion to conduct a traffic stop or probable cause to search. If the traffic stop was unlawful or the search exceeded constitutional bounds, they move to suppress the evidence. Where the search or seizure violates the Fourth Amendment, the court may exclude the firearm from trial, often resulting in a dismissal or significant charge reduction.

The team also investigates the validity of the predicate felony conviction. Certain prior offenses may be eligible for expungement or may not qualify as predicate felonies under the statute. In some circumstances, a client may have had their civil rights restored by the Governor, which can provide a defense. Mr. Sris and his Of Counsel work with clients to explore every avenue, including pursuing a restoration of rights application where feasible. Throughout the process, they maintain communication with the Commonwealth’s Attorney to negotiate a resolution, such as an amendment to a lesser offense or a deferred disposition, always with the goal of minimizing the long-term collateral consequences of a felony conviction. The timeline for resolution depends on the complexity of the matter, the court’s calendar, and the posture of plea negotiations. The firm works to achieve favorable outcomes under the specific facts of each case.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced criminal defense since 1997. As a former prosecutor, he brings firsthand insight into how the Commonwealth builds its cases and where those cases are vulnerable. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and appears regularly in the courts of King William County and throughout the Ninth Judicial District. His testimony before the Virginia House Courts of Justice Committee in support of 2019 HB 635 reflects a deep commitment to fair legal processes.

Mr. Sris and his Of Counsel team bring extensive combined legal experience to firearm-possession defense. Results may vary. The firm’s Of Counsel attorneys include professionals with backgrounds in prosecution and law enforcement, offering a multi-dimensional perspective on criminal cases. They work collectively to identify procedural weaknesses, challenge evidence, and present compelling arguments at every stage of a proceeding. The firm maintains a location in Richmond that serves clients in King William County, and consultations are available by appointment. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your case.

Frequently Asked Questions

What is the statute for firearm possession by a convicted felon in Virginia?

Va. Code § 18.2-308.2 makes it a felony for a person convicted of a felony to knowingly and intentionally possess or transport a firearm. The law covers handguns, rifles, shotguns, and certain other weapons. The statute imposes enhanced mandatory minimum sentences if the prior felony was a violent crime and occurred within ten years, or if the firearm was loaded. A conviction under this section also triggers a permanent federal firearms disability under 18 U.S.C. § 922(g)(1).

What are the penalties for a firearm by felon conviction in King William County?

A first-offense conviction is a Class 6 felony, punishable by one to five years in prison, or at the jury’s discretion up to twelve months in jail and a fine of up to $2,500. If the defendant’s prior felony conviction was a violent felony within the previous ten years, a two-year mandatory minimum prison term applies. If the prior violent felony occurred within ten years and the firearm was loaded, the mandatory minimum rises to five years. Cases are prosecuted in King William County Circuit Court after a preliminary hearing in the General District Court. Call (888) 437-7747 to discuss the specific facts of your situation.

Can a convicted felon ever regain firearm rights in Virginia?

Firearm rights can be restored through a gubernatorial restoration of civil rights or, in limited circumstances, through a court order. Virginia’s Governor has the authority to restore civil rights, including the right to possess a firearm, to individuals who have completed their sentence and demonstrated rehabilitation. A successful restoration application removes the state-law disability and can eliminate the federal prohibition under 18 U.S.C. § 922(g)(1). The process is fact-specific and may require legal guidance. For an assessment of eligibility, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

What are common defenses to a firearm by felon charge?

Defenses may include challenging the legality of the stop or search, disputing knowing possession, or challenging the predicate felony conviction. If law enforcement lacked reasonable suspicion or probable cause, the firearm may be suppressed. The prosecution must prove that the defendant knew the object was a firearm and that they knowingly possessed it. Additionally, if the prior felony conviction is invalid or has been expunged, it cannot serve as a predicate. Mr. Sris and his Of Counsel examine each of these factors to build a tailored defense.

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

Yes, because the charge is a felony carrying mandatory prison time in many cases, and a conviction results in a permanent loss of firearm rights. The King William County Commonwealth’s Attorney prosecutes these cases vigorously. Without an experienced defense attorney, you risk accepting a plea that may have unforeseen long-term consequences, including enhanced sentencing in any future criminal matter. Early involvement of counsel can affect bond conditions, the investigation of the state’s evidence, and the overall direction of the case. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.

How does the court process work for a firearm by felon case in King William County?

The case begins with an arrest and a bond hearing before a magistrate, followed by an arraignment in the King William County General District Court. At the arraignment, the court advises you of the charge and your right to counsel. A preliminary hearing is then scheduled, where the Commonwealth must present enough evidence to establish probable cause. If probable cause is found, the case is certified to the King William County Circuit Court. A grand jury then returns an indictment, and the case proceeds to trial or plea. You have the right to a jury trial in Circuit Court. Discussing the procedural steps with an attorney early helps protect your rights throughout the process. Contact Law Offices Of SRIS, P.C. at (888) 437-7747.

For representation in other Virginia localities, visit our pages for Criminal Defense Lawyer Fairfax County, Criminal Defense Lawyer Prince William County, and Criminal Defense Lawyer Manassas.

Primary legal sources: Virginia Code Title 18.2 (Crimes and Offenses) | King William County General District Court.

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.