Firearm by Felon Lawyer Prince William County, VA
You were at your Manassas apartment when law enforcement arrived with a search warrant. They found a handgun you believed was legally transferred to a family member years ago, but your prior felony conviction from another state surfaced. Now you are facing a charge that could bring significant prison time. In Prince William County, a firearm-by-felon accusation triggers immediate concern — but you do not have to face it alone. Law Offices Of SRIS, P.C. has defended clients in Prince William County General District Court and Circuit Court with a thorough understanding of Virginia’s strict firearm-possession laws. Call (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
How a Firearm‑by‑Felon Case Unfolds in Prince William County
When the Commonwealth’s Attorney charges possession of a firearm by a convicted felon under Va. Code § 18.2‑308.2, the case typically begins with an arrest and a bond hearing before a magistrate. The Prince William County General District Court (misdemeanor) and Prince William County Circuit Court (felony) each have distinct roles. Your first appearance may be in the GDC at 9311 Lee Avenue, Suite 230, in Manassas, where a preliminary hearing date will be set if the charge is a felony. Because a firearm‑by‑felon charge is always a felony, the case will eventually move to the Circuit Court unless resolved earlier.
An experienced attorney reviews every aspect of the search — whether the affidavit for the warrant contained sufficient probable cause, whether the firearm truly belonged to you, and whether the prior conviction qualifies as a “violent felony” under Virginia law. These procedural and factual examinations can alter the course of the entire case.
Challenging the Charge: Where a Defense Strategy Begins
Many firearm‑by‑felon prosecutions hinge on two key questions: (1) does the person actually possess the firearm under Virginia law, and (2) is the prior felony conviction valid and qualifying? Possession can be actual (you had it on your person) or constructive (you had dominion and control over the area where it was found). A thorough exploration of who else had access to the premises may weaken the Commonwealth’s proof. Additionally, certain old or out‑of‑state convictions may not automatically trigger the prohibition if rights were restored or if the offense does not meet Virginia’s definition of a felony. Mr. Sris and his Of Counsel examine these nuances for every client.
Another key strategy involves challenging the stop, search, or seizure. If law enforcement violated your constitutional rights, the evidence — including the firearm itself — may be suppressed. The firm’s Of Counsel team includes a former Virginia State Trooper who brings firsthand knowledge of police procedures and investigative tactics, helping to identify procedural weaknesses that can be raised in a motion to suppress.
What to Expect After an Arrest
After being arrested for firearm by felon in Prince William County, you will be taken before a magistrate who sets bond. Depending on the nature of the prior felony and the circumstances of the current arrest, bond may be granted on personal recognizance or a secured bond. Once released, your first court appearance will likely be in the Prince William County General District Court. If the charge is a felony, the GDC will schedule a preliminary hearing to determine whether probable cause exists. If probable cause is found, the case is certified to the Circuit Court for trial. Throughout this process, having counsel who understands the local rules and the expectations of the Commonwealth’s Attorney is essential to protect your rights and work toward the most favorable resolution.
The Potential Consequences of a Conviction
A conviction under Va. Code § 18.2‑308.2 is a Class 6 felony, carrying a sentence of one to five years in prison. However, if the prior felony was a “violent felony” within the preceding ten years, a mandatory minimum two‑year sentence applies. If the violent felony was committed less than ten years earlier and the firearm was loaded, the mandatory minimum rises to five years. Beyond incarceration, a felony conviction strips you of certain civil rights, including the right to vote, serve on a jury, and possess firearms. The collateral consequences can affect employment, professional licensing, and housing. Mr. Sris and his Of Counsel work to mitigate these consequences by pursuing charge reductions, deferred dispositions, or outright dismissal whenever the facts allow.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced criminal defense since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and his Of Counsel bring extensive combined legal experience to firearm‑by‑felon cases. Results may vary. The team includes an Of Counsel who served as a Virginia State Trooper for 15 years, providing insight into how law enforcement builds cases and where procedural mistakes may occur. The firm’s Fairfax location serves clients throughout Prince William County, including Manassas, Woodbridge, Dale City, Dumfries, Gainesville, Haymarket, Lake Ridge, and Occoquan.
For a full statutory breakdown of Virginia’s firearm‑by‑felon laws, see our comprehensive analysis at Law Offices Of SRIS, P.C. — Firearm by Felon.
Frequently Asked Questions
What is the penalty for firearm by felon in Virginia?
A firearm‑by‑felon conviction in Virginia is a Class 6 felony, punishable by one to five years in prison, with mandatory minimum enhancements if the prior felony was violent. Under Va. Code § 18.2‑308.2, a two‑year mandatory minimum applies if the prior violent felony occurred within ten years, and a five‑year mandatory minimum if the firearm was loaded. The court has the discretion to impose a fine of up to $2,500. A conviction also results in a permanent loss of firearm rights and other civil disabilities.
Can a felon ever legally possess a firearm in Virginia?
A person convicted of a felony is generally prohibited from possessing a firearm in Virginia unless their rights have been restored by the Governor. Virginia’s restoration‑of‑rights process allows certain non‑violent felons to petition for reinstatement of civil rights, including the right to possess a firearm. However, federal law still prohibits possession by convicted felons even after state restoration in some circumstances. Each situation requires careful legal analysis.
What must the prosecution prove in a firearm‑by‑felon case?
The Commonwealth must prove beyond a reasonable doubt that you were a convicted felon at the time of the charged offense and that you knowingly and intentionally possessed a firearm. Possession can be actual or constructive. If the firearm was found in a shared residence or vehicle, the prosecution must link you to the knowledge and control of the weapon. Challenging the element of possession is often the heart of the defense.
How can a defense lawyer challenge the charge?
An experienced attorney investigates the legality of the stop, search, and seizure, challenges the evidence of possession, and examines the validity of the prior conviction. If the search warrant was defective, the evidence may be suppressed. If the prior felony does not meet Virginia’s definition of a disqualifying offense, the charge may be dismissed. The former State Trooper on the team provides critical insight into police protocol deviations.
Can a firearm‑by‑felon charge be expunged in Prince William County?
If the charge is dismissed, nolle prosequi, or results in an acquittal, you may petition the Prince William County Circuit Court for expungement under Va. Code § 19.2‑392.2. However, a conviction cannot be expunged. Early legal intervention is often the only way to avoid a conviction and preserve the possibility of expungement. Mr. Sris and his Of Counsel explore every avenue to achieve a dismissal.
Do I need a lawyer for a firearm‑by‑felon charge?
Yes. The mandatory minimum sentences and permanent loss of firearm rights make professional representation critical. A felony conviction can follow you for life, affecting employment, housing, and professional licenses. An experienced lawyer knows how to identify weaknesses in the Commonwealth’s case and negotiate with prosecutors. Without an attorney, you risk the heaviest penalties. Schedule a consultation at (888) 437‑7747.
What should I do immediately after being arrested in Prince William County?
Remain silent and ask for an attorney. Do not discuss the facts with anyone, including law enforcement, until you have spoken with counsel. Preserve any documentation related to the prior conviction and the firearm’s ownership history. Then, contact Law Offices Of SRIS, P.C. at (888) 437‑7747 to discuss your case. The actions you take in the first hours can significantly impact the outcome.
How does bail work for a firearm‑by‑felon arrest in Prince William County?
A magistrate sets bail shortly after booking, considering the nature of the charge, your ties to the community, and your criminal history. For a first‑time firearm‑by‑felon allegation, personal recognizance is sometimes possible, but a secured bond is more common given the felony classification. The amount can be appealed to the General District Court. An attorney can argue for a reasonable bail during the initial appearance.
To discuss the specific circumstances of your case, reach Law Offices Of SRIS, P.C. at (888) 437‑7747. Consultations are by appointment. Our Fairfax location serves clients in Prince William County and throughout Northern Virginia.
Law Offices Of SRIS, P.C.
Fairfax Location
4008 Williamsburg Court, Fairfax, VA 22032
By appointment only. Call (888) 437‑7747 to schedule.
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.