Firearm by Felon Lawyer Fairfax County, VA
Facing a charge of possession of a firearm by a convicted felon in Fairfax County, Virginia, can have serious consequences. Under Virginia law, a person previously convicted of a felony is generally prohibited from possessing or transporting a firearm. The charge is typically a Class 6 felony, and a conviction can mean imprisonment, fines, and a permanent criminal record that affects employment, housing, and other aspects of life. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel team bring experience to firearm-by-felon defense in Fairfax County courts. Mr. Sris, a former prosecutor, founded the firm in 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. To request a consultation about a firearm by felon matter in Fairfax County, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Firearm by Felon Means in Fairfax County
Virginia Code § 18.2-308.2 makes it unlawful for any person who has been convicted of a felony to knowingly and intentionally possess or transport a firearm. In Fairfax County, these charges are prosecuted by the Office of the Commonwealth’s Attorney. Misdemeanor firearm charges, such as carrying a concealed weapon without a permit, are generally heard in the Fairfax County General District Court. Felony charges, including possession of a firearm by a convicted felon, begin with a preliminary hearing in General District Court and, if probable cause is found, are certified to the Fairfax County Circuit Court for trial. The Fairfax County General District Court is located at 4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030, and the Circuit Court is in the same courthouse complex.
A conviction under § 18.2-308.2 can result in a felony record, loss of firearm rights, and a sentence that includes active incarceration. The statute also provides enhanced penalties when the defendant has certain prior violent felony convictions. Because these charges involve both state law and potential federal implications under 18 U.S.C. § 922(g), early guidance from an experienced criminal defense team is essential. Mr. Sris and his Of Counsel appear regularly in Fairfax County courts and understand the local procedures judges and prosecutors follow in firearm-possession cases.
A violation of Virginia Code § 18.2-308.2 (possession of a firearm by a convicted felon) is a Class 6 felony, punishable by a term of imprisonment of not less than one year nor more than five years, or in the discretion of the jury or the court trying the case without a jury, up to 12 months in jail and a fine of not more than $2,500. If the prior felony was a violent felony as defined in § 17.1-805 and occurred within the preceding 10 years, the mandatory minimum sentence is two years; if the firearm was loaded, the mandatory minimum increases to five years.
Source: Va. Code § 18.2-308.2, as verified through the Virginia Legislative Information System. Virginia Code § 18.2-308.2
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases
When a person is charged with firearm possession by a felon in Fairfax County, the defense team begins by examining the initial stop, search, and seizure that led to the discovery of the firearm. If law enforcement did not follow constitutional procedures, the evidence may be subject to suppression. Mr. Sris, a former prosecutor, and his Of Counsel analyze every aspect of the state’s case—whether the search warrant was valid, whether statements made by the accused were obtained properly, and whether the chain of custody of the firearm is solid.
The defense strategy may also focus on the underlying predicate felony conviction. In some cases, a prior conviction may be too old or may have been constitutionally infirm, which can affect the ability of the Commonwealth to prove the element of “convicted felon” status. If the evidence is strong, the team works toward a resolution that protects the client’s interests, including negotiating for a reduced charge or a sentence that avoids the mandatory minimum when possible. Throughout the process, the firm keeps the client informed and prepared for each court appearance at the Fairfax County General District Court or Circuit Court. To schedule a consultation about a firearm-by-felon defense in Fairfax County, call (888) 437-7747.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and concentrates a significant part of his practice on criminal defense matters. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel team consists of experienced attorneys who together bring extensive combined legal experience to every case. Mr. Sris and his Of Counsel bring extensive combined legal experience. Results may vary.
The firm serves clients from its Fairfax location at 4008 Williamsburg Court, Fairfax, VA 22032. Consultations are by appointment. Reach the firm at (888) 437-7747 to discuss a firearm-by-felon charge in Fairfax County or any of the surrounding Northern Virginia communities, including Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
Frequently Asked Questions
What is the penalty for possession of a firearm by a convicted felon in Fairfax County?
A conviction for possession of a firearm by a convicted felon in Virginia is a Class 6 felony, punishable by one to five years in prison or up to 12 months in jail and a fine of up to $2,500. If the prior felony was a violent felony within the preceding 10 years, the court must impose a mandatory minimum sentence of two years; if the firearm was loaded, the mandatory minimum is five years. The charge is heard initially in the Fairfax County General District Court, and if certified to the Circuit Court, a jury trial is available. An experienced attorney can evaluate whether diversion or a reduced charge may be possible in your case. For guidance, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Can a convicted felon ever get their firearm rights restored in Virginia?
Yes, a convicted felon can petition for restoration of firearm rights in Virginia, but the process is entirely discretionary and rests with the Governor. An individual must first have their civil rights restored, which typically requires completing the sentence, paying all court costs and restitution, and waiting for the Governor’s action. After rights restoration, a separate petition may be filed to obtain firearm rights. This is a multi‑step process that can take time, and there is no guarantee of success. To discuss whether restoration of rights is possible in your situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
What defenses are available for a firearm by felon charge in Fairfax County?
Defenses to a firearm-by-felon charge often involve challenging the legality of the stop, search, or seizure by police, or questioning whether the defendant actually possessed the firearm. If the police lacked reasonable suspicion to stop you or probable cause to search, the evidence may be suppressed. Additionally, if the firearm belonged to someone else and you did not exercise control over it, the possession element may be in doubt. In some cases, the prior felony conviction may be challenged if it was obtained without proper legal representation or under constitutional defects. An experienced criminal defense attorney will investigate these issues thoroughly. To request a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Do I need a lawyer if I am charged with firearm possession by a felon in Fairfax County?
Yes, it is strongly advisable to have a lawyer if you are facing a firearm-by-felon charge in Fairfax County because the potential consequences include a felony conviction, imprisonment, and loss of civil rights. A felony record can affect employment, professional licenses, and the ability to possess firearms in the future. The Commonwealth’s Attorney’s Office prosecutes these cases actively, and the court will not appoint a public defender unless you meet strict financial eligibility requirements. Early involvement by an experienced defense attorney can help protect your rights and develop a strategy. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
How long does a firearm by felon case take in Fairfax County?
The timeline for a firearm-by-felon case in Fairfax County varies depending on whether the charge is resolved at the preliminary hearing or proceeds to a jury trial in Circuit Court. Misdemeanor cases in General District Court typically move more quickly, while felony cases that are certified to the Circuit Court can take several months. The schedule depends on the court’s docket, the complexity of the legal issues, and whether pretrial motions are filed. Your attorney can give you a better estimate once the charges and available defenses are assessed. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
What should I do if I am arrested for firearm by felon in Fairfax County?
If arrested for firearm by felon in Fairfax County, remain silent, ask to speak with an attorney, and do not discuss the facts of your case with anyone other than your lawyer. You have the right to refuse to answer questions and to have counsel present during any police interrogation. Contact an experienced criminal defense attorney as soon as possible. Early investigation of the arrest circumstances can be critical. Preserve any documents or evidence that may be relevant. For immediate guidance, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Can a firearm by felon charge be reduced or dismissed in Fairfax County?
Yes, a firearm-by-felon charge can be reduced or dismissed depending on the strength of the evidence and the specific facts of the case. If the stop or search was unlawful, a motion to suppress may result in dismissal of the charge. In other cases, negotiation with the prosecutor may lead to a reduction to a lesser offense that avoids the mandatory minimum sentence. The outcome depends on factors such as the nature of the prior felony, the circumstances of the current arrest, and the defendant’s criminal history. To evaluate potential defenses and negotiation strategies, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Official Virginia resources: Virginia Code § 18.2‑308.2 | Fairfax County General District Court
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