Firearm by Felon Lawyer Arlington County, VA

If you or a family member is charged with possessing a firearm as a convicted felon in Arlington County, Virginia, the stakes are high. A conviction under Va. Code § 18.2‑308.2 is a Class 6 felony, carrying 1 to 5 years of incarceration—or up to 12 months in jail at the jury’s discretion—and mandatory minimum prison time applies if the prior felony was a violent offense. Cases are prosecuted by the Commonwealth’s Attorney in the Arlington County General District Court (preliminary hearings) and the Arlington County Circuit Court (felony trials). The firm has achieved favorable results in 21 documented criminal matters in Arlington County, including dismissals and reduced charges. Mr. Sris and his Of Counsel work to protect the rights of individuals facing these charges, examining every element of the prosecution’s case and exploring all available avenues. To speak with an experienced attorney about your situation, reach our location at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Firearm by Felon Means in Arlington County, Virginia

In Virginia, it is a felony for any person who has been convicted of a felony—in any state or federal court—to knowingly and intentionally possess or transport a firearm. The offense is defined by Va. Code § 18.2‑308.2. A first‑offense conviction is a Class 6 felony, punishable by one to five years in prison; however, if the prior felony was a violent felony as listed in § 17.1‑805, a mandatory minimum of two years applies, and if the firearm was loaded, the mandatory minimum rises to five years. Unlike many misdemeanor weapons charges, this charge cannot be heard entirely in General District Court; it requires a felony proceeding in the Circuit Court of Arlington County.

Arlington County sits within Virginia’s Seventeenth Judicial District and is served by the Arlington County General District Court at 1425 N. Courthouse Road, Suite 2400, Arlington, VA 22201. The Commonwealth’s Attorney for Arlington County prosecutes all felony matters, and the Circuit Court has jurisdiction over trials. Misdemeanor charges are handled in the General District Court, but because firearm‑by‑felon is a felony, the case will be initiated in the General District Court for a preliminary hearing before moving to the Circuit Court. The typical timeline for a felony in Arlington County involves a preliminary hearing within 21 to 60 days after arrest and a trial in Circuit Court within approximately 3 to 9 months, subject to the court’s calendar. Bond is set by a magistrate at the time of arrest; for a serious felony such as this, a secured bond is common, though bail may be re‑visited at a later hearing.

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

Mr. Sris and his Of Counsel approach each firearm‑by‑felon case with a thorough, fact‑based strategy. They begin by scrutinizing the prior felony conviction—its age, classification, and whether it qualifies as a predicate offense under the statute. Not every prior felony necessarily supports a § 18.2‑308.2 charge; a conviction that has been expunged, set aside, or predates certain legal thresholds may not lawfully support the charge. The team also examines the arrest and search procedures. If law enforcement’s discovery of the firearm resulted from an unconstitutional seizure, the evidence may be suppressed, significantly weakening the prosecution’s case.

In Arlington County, the Commonwealth’s Attorney evaluates each case individually. Mr. Sris and his Of Counsel are experienced in presenting mitigating circumstances, challenging the “knowing and intentional” element of possession, and negotiating for charge amendments where the evidence warrants. If a trial is necessary, they prepare thoroughly for trial in the Arlington County Circuit Court, where a jury will determine guilt. The legal team also explores whether post‑conviction relief, such as restoration of firearm rights through gubernatorial action, may be available for clients who have completed their sentences. Throughout the process, clients receive clear, objective guidance and are kept informed of every development in their case.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has built a multi‑state practice since founding the firm in 1997. He is admitted to practice 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), which addressed spousal support under Va. Code § 20‑107.3(g). His background as a former prosecutor gives him insight into the charging and plea‑bargaining practices of the Commonwealth’s Attorney’s office in Arlington County and across Virginia. He remains personally involved in the firm’s most complex criminal matters, collaborating closely with the Of Counsel attorneys who support the firm’s criminal defense practice.

Mr. Sris and his Of Counsel bring extensive combined legal experience to every representation. The Of Counsel team includes lawyers with prior law enforcement and prosecutorial backgrounds, which provides a nuanced understanding of how firearm charges are investigated and prosecuted. Because the firm has no employees—every attorney is engaged as Of Counsel—each client benefits from a collaborative approach that draws on multiple legal perspectives. Collectively, the team has documented case results across all practice areas since 1997. Results may vary.

Frequently Asked Questions

What is the penalty for firearm by felon in Virginia?

A conviction for possessing a firearm as a convicted felon in Virginia is a Class 6 felony, carrying 1 to 5 years in prison or up to 12 months in jail at the discretion of a jury, with mandatory minimum sentences if the prior felony was violent. Under Va. Code § 18.2‑308.2, a first‑offense conviction typically falls within that range. However, if the prior felony conviction was for a violent felony as defined by § 17.1‑805, a mandatory minimum of two years of incarceration applies. If the firearm was loaded at the time of possession, the mandatory minimum increases to five years. In addition to incarceration, a conviction results in a permanent felony record and additional firearm‑possession disabilities. For guidance on how these penalties apply to your case, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.

Can a convicted felon ever legally possess a firearm in Virginia?

In Virginia, a person previously convicted of any felony is generally prohibited from possessing a firearm, but in limited circumstances firearm rights may be restored through a gubernatorial petition process. Once an individual’s civil rights—including the right to vote—have been restored by the Governor, the person can petition the circuit court for restoration of firearm rights. This is a separate proceeding and not automatic. Certain federal prohibitions under 18 U.S.C. § 922(g) may continue to apply even after state‑law rights are restored. Anyone who is unsure of their status should speak with an attorney before handling a firearm. To discuss your eligibility, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.

How does an attorney defend against a firearm‑by‑felon charge?

Defense strategies for a firearm‑by‑felon charge in Virginia focus on challenging the evidence, the legality of the search, and the validity of the prior felony conviction. An experienced lawyer will examine whether law enforcement had probable cause to stop and search the person, whether the firearm was actually possessed, and whether the prior conviction is a qualifying felony under the statute. If the stop or search was unconstitutional, the firearm evidence may be suppressed, which often leads to dismissal. In Arlington County, the Commonwealth’s Attorney may consider amending the charge to a lesser offense if the circumstances warrant it. Each case is unique, and a tailored defense is essential. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437‑7747.

Do I need a lawyer for a firearm‑by‑felon charge in Arlington County?

Retaining an attorney immediately after being charged with firearm by felon in Arlington County is critical because the charge is a felony with potential prison time and a permanent criminal record. The early days of the case—before the preliminary hearing—are often when the strong $1 is built. A lawyer can secure your release on favorable bond conditions, preserve evidence, interview witnesses, and begin discussions with the prosecutor. Attempting to navigate the process without counsel puts you at a severe disadvantage. Mr. Sris and his Of Counsel have handled numerous criminal cases in Arlington County courts and can explain your options clearly. To schedule a consultation, reach our location at (888) 437‑7747.

How does bail work for a firearm‑by‑felon charge in Arlington County?

After an arrest for firearm by felon in Arlington County, a magistrate sets an initial bond based on factors such as ties to the community, prior criminal history, and the seriousness of the charge. Because firearm‑by‑felon is a felony, a secured bond—requiring a bail bondsman or cash deposit—is common. The bond amount varies by case and is set at the magistrate’s discretion. If the magistrate denies bond or sets an amount that is too high, the accused has the right to a bond hearing before a judge in the Arlington County General District Court. An attorney can argue for a reasonable bond or personal recognizance. To discuss your situation, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.

What should I do immediately after being charged with firearm by felon in Arlington County?

After being charged with firearm by felon in Arlington County, you should remain silent except to ask for an attorney, not discuss the case with anyone, and preserve any relevant documents or evidence. Do not attempt to explain your side of the story to law enforcement without a lawyer present; any statement you make can be used against you. Document the names and contact information of any witnesses who can help your defense, and write down your own detailed recollection of events while it is fresh. Then contact an experienced criminal attorney immediately. To speak with Mr. Sris or one of his Of Counsel, call (888) 437‑7747.

Our criminal lawyers serve clients in Arlington County and nearby Virginia localities:

Fairfax County Criminal Lawyer |
Prince William County Criminal Lawyer |
Stafford County Criminal Lawyer |
Fauquier County Criminal Lawyer |
Loudoun County Criminal Lawyer

Official Virginia legal resources:

Va. Code § 18.2‑308.2 – Firearm possession by convicted felon |
Arlington County General District Court |
Virginia’s Judicial System

Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.

Law Offices Of SRIS, P.C. is located at 1655 Fort Myer Dr, Suite 700, Arlington, VA 22209. By appointment. Call (888) 437‑7747.

Case results depend on a variety of factors unique to each case.