Firearm by Felon Lawyer Virginia Beach, VA

You were arrested in Virginia Beach—law enforcement found a firearm in your possession, and you have a prior felony conviction. Now you face a charge under Va. Code § 18.2-308.2, which carries a felony penalty including mandatory minimum incarceration for certain prior offenses. You need an experienced defense team that understands both the law and how local courts operate. Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience to firearm-by-felon cases. We represent clients in Virginia Beach General District Court and Virginia Beach Circuit Court. Call (888) 437-7747 to schedule a consultation.

Defense Strategies for a Firearm by Felon Charge

When someone with a prior felony record is accused of possessing a firearm, the prosecution must prove several elements beyond a reasonable doubt: that the person knowingly possessed the firearm, that the item meets the legal definition of a firearm, and that the prior felony conviction is valid. A thorough defense examines every link in that chain.

The firm’s Of Counsel attorneys—who include former law enforcement officers with firsthand knowledge of police procedures—analyze how the firearm was discovered. Was the search lawful? Did officers have probable cause or a valid warrant? If evidence was obtained through an unconstitutional stop or search, a motion to suppress may be filed. Additionally, the state must prove the defendant knew the item was a firearm and that he intended to possess it. Constructive possession—where the firearm was not found on the defendant’s person but in an area he controlled—can be challenged on factual grounds. Every case is different; the defense is built around the specific facts and the procedural history of the arrest.

What to Expect After a Firearm by Felon Arrest in Virginia Beach

If you are arrested in Virginia Beach on a firearm-by-felon allegation, you will typically be taken before a magistrate for a bond hearing. Bond decisions consider the nature of the charge, any prior record, and community ties. Misdemeanor and felony preliminary hearings are held in the Virginia Beach General District Court, located at 2425 Nimmo Parkway. For felony charges, the General District Court conducts a preliminary hearing to determine whether probable cause exists to send the case to the Virginia Beach Circuit Court for trial.

The timeline of a case depends on court scheduling, discovery, and motions practice. Law Offices Of SRIS, P.C. Appears regularly in both courts. We work to obtain discovery early, identify procedural weaknesses, and pursue the trusted resolution under the circumstances—whether that is a dismissal, a negotiated plea to a lesser charge, or a trial. Throughout the process, we keep you informed and explain your options clearly.

Penalties for Violating Va. Code § 18.2-308.2

Beyond incarceration, a felony conviction carries long-term consequences: loss of civil rights such as voting and firearm ownership, difficulty securing employment, and potential immigration ramifications for non-citizens. Because the stakes are so high, early involvement of defense counsel is critical. For a deeper statutory analysis, see our comprehensive Virginia criminal defense overview.

About Our Legal Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has been practicing law since 1997. He 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 brings a thorough understanding of criminal procedure and trial strategy to every case. Mr. Sris and his Of Counsel attorneys have documented case results across all practice areas since 1997. Results may vary.

The firm’s Of Counsel attorneys include former law enforcement officers who have served as state troopers and assistant state’s attorneys. Their firsthand experience with police investigations, evidence collection, and prosecution methods gives them valuable insight when challenging the state’s case. Together, they bring extensive combined legal experience to firearm-by-felon defense in Virginia Beach.

Frequently Asked Questions

How does a Virginia lawyer defend against firearm by felon charges?

A criminal defense attorney examines the legality of the search, the chain of custody, and whether the prosecution can prove knowing possession and a valid prior felony. Defenses may include a motion to suppress evidence if the search was unconstitutional, a challenge to constructive possession if the firearm was not found on the defendant, or negotiation with the Commonwealth’s Attorney to reduce the charge. The facts of each case dictate the most appropriate strategy.

What should I do if I am facing firearm by felon charges in Virginia Beach?

Contact a criminal defense attorney immediately and remain silent about the incident with anyone except your lawyer. Do not discuss the case with law enforcement without counsel present. Preserve any evidence or documents that may be relevant, such as receipts, photographs, or witness information. Virginia Beach cases move through the General District Court and Circuit Court; early representation can influence bond, discovery, and the direction of the case.

Can a felon ever own or possess a firearm again in Virginia?

Under current Virginia law, a convicted felon is generally prohibited from possessing a firearm unless his civil rights—including the right to possess a firearm—have been restored by the Governor. Restoration of rights is a separate civil process that does not happen automatically. Even after restoration, federal law may still impose restrictions. An attorney can advise on the current status of rights restoration and whether it applies to your situation.

What court handles firearm by felon charges in Virginia Beach?

Misdemeanor trials and felony preliminary hearings are held in the Virginia Beach General District Court at 2425 Nimmo Parkway, Building 10B. If the case is certified to the grand jury, the trial takes place in the Virginia Beach Circuit Court across the street. Defendants have an absolute right to a jury trial in Circuit Court for any offense carrying potential jail time. Law Offices Of SRIS, P.C. Appears in both courts regularly.

Is a firearm by felon charge the same as a federal charge?

No, a state charge under Va. Code § 18.2-308.2 is separate from a federal charge under 18 U.S.C. § 922(g)(1). Federal prosecution carries its own penalties, and it is possible to face both state and federal proceedings for the same incident. Federal cases are handled in the U.S. District Court for the Eastern District of Virginia, with divisions in Norfolk and Newport News. The firm’s Of Counsel team includes attorneys with federal court experience.

Does Virginia offer any first-offender program for firearm by felon charges?

There is no statutory first-offender program specifically for firearm‑by‑felon charges. However, depending on the circumstances, an experienced attorney may negotiate a plea to a lesser offense or argue for a sentence below the mandatory minimum if applicable. Every case is unique, and the outcome depends on the evidence, the defendant’s record, and the specific facts.

Will a firearm by felon conviction affect my immigration status?

Yes, a conviction under Va. Code § 18.2-308.2 can have serious immigration consequences, including deportation, denial of naturalization, or inadmissibility. Firearms offenses are often classified as aggravated felonies or crimes involving moral turpitude under federal immigration law. Non-citizens facing any criminal charge should immediately seek advice from an attorney familiar with both criminal and immigration consequences.

How does bail work for a firearm by felon charge in Virginia Beach?

A magistrate sets bail shortly after arrest, taking into account the seriousness of the charge, the defendant’s criminal history, and ties to the community. Because a firearm-by-felon allegation involves a felony, secured bond (where a bail bondsman may require approximately ten percent of the bond amount) is common. Bond can be appealed to the Virginia Beach General District Court. An attorney can argue for a lower bond or personal recognizance at the initial appearance or bond review hearing.

What is the difference between a General District Court and Circuit Court in Virginia Beach?

The General District Court handles misdemeanor trials, traffic infractions, and preliminary hearings for felonies; the Circuit Court has jurisdiction over felony trials and appeals from the General District Court. In a firearm-by-felon case, the preliminary hearing in General District Court is not a trial—it simply determines whether there is probable cause to send the case forward. If the case proceeds, a jury trial or bench trial will be held in Circuit Court.

Do I need a lawyer if I am innocent of firearm by felon?

Yes, even if you believe you are innocent, you should have legal representation from the earliest stage. Innocent people sometimes make statements that can be misconstrued, or they waive rights unknowingly. A lawyer can protect your rights, challenge improper evidence, and present the strong $1. The firm’s Of Counsel attorneys have extensive combined legal experience and will work to achieve the favorable outcomes under the circumstances.

If you or a family member has been charged with firearm by felon in Virginia Beach, reach Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation. We represent clients throughout Virginia Beach, Sandbridge, and Oceana. Our Richmond Location serves clients at Virginia Beach courts by appointment. Mr. Sris and the firm’s Of Counsel attorneys are ready to discuss your situation.

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