Firearm by Felon Lawyer Chesterfield County
If you are a felon charged with a firearm offense in Chesterfield County, you face a mandatory prison sentence. A Firearm by Felon Lawyer Chesterfield County from Law Offices Of SRIS, P.C. —Advocacy Without Borders. can challenge the prosecution’s evidence and protect your rights. The charge under Virginia Code § 18.2-308.2 is a Class 6 felony. SRIS, P.C. (Confirmed by SRIS, P.C.)
Statutory Definition of a Felon in Possession Charge
Virginia Code § 18.2-308.2 — Class 6 Felony — Up to 5 years in prison. This statute makes it illegal for any person convicted of a felony to possess, transport, or carry any firearm. The law applies to any firearm, including antique firearms. The prohibition is permanent under Virginia law. A separate federal law, 18 U.S.C. § 922(g)(1), also prohibits this conduct. A conviction under either law carries severe consequences.
This charge is a strict liability offense in many respects. The prosecution does not need to prove you intended to break the law. They must prove you were a convicted felon and you possessed a firearm. Possession can be actual or constructive. Constructive possession means you had dominion and control over the firearm. This could be a gun found in a car you were driving or a home you occupied. The firearm does not need to be operational. Even an inoperable firearm can lead to a conviction. The law has very few exceptions. One narrow exception exists for certain antique firearms. This exception is rarely applicable in modern cases. The statute is aggressively enforced in Chesterfield County.
What is the mandatory minimum sentence for this charge?
A conviction under Virginia Code § 18.2-308.2 carries a two-year mandatory minimum prison sentence. This applies to any person previously convicted of a violent felony. The judge has no discretion to suspend this two-year term. For non-violent prior felonies, the mandatory minimum is one year. These mandatory terms are served consecutively to any other sentence. This makes a Chesterfield County firearm by felon charge extremely serious.
How does Virginia define “possession” of a firearm?
Virginia law defines possession as either actual physical custody or constructive control. Actual possession means the firearm is on your person. Constructive possession is more common in these cases. It means you knew of the firearm’s presence and had the ability to control it. The gun could be in a shared closet, a vehicle’s glove box, or under a bed. Prosecutors in Chesterfield County often argue constructive possession to secure convictions.
Can a prior felony from another state count?
Yes, a prior felony conviction from any U.S. state or federal court qualifies. The prosecution will obtain certified copies of the out-of-state judgment. The prior conviction must be for an offense that would be a felony in Virginia. Misdemeanors from other states generally do not trigger this law. The age of the prior felony does not typically matter. A conviction from decades ago can still be used against you today. Learn more about Virginia legal services.
The Insider Procedural Edge in Chesterfield County
Your case will be heard at the Chesterfield County Circuit Court located at 9500 Courthouse Road. This court handles all felony firearm possession cases in the county. The initial filing fee for a felony charge is set by the Virginia Supreme Court. Procedural specifics for Chesterfield County are reviewed during a Consultation by appointment at our Chesterfield County Location. The court docket moves at a deliberate pace. Expect several pre-trial hearings before a trial date is set. The Commonwealth’s Attorney’s Location for Chesterfield County prosecutes these cases. They have a dedicated unit for violent crimes and firearms offenses. Early intervention by a defense attorney is critical. Motions to suppress evidence are often filed before trial. These motions challenge the legality of the search or seizure. A successful motion can lead to dismissed charges. The court requires strict adherence to filing deadlines. Missing a deadline can waive important legal rights.
What is the typical timeline for a felony gun case?
A felony firearm case in Chesterfield County can take nine to fifteen months to resolve. The preliminary hearing occurs in General District Court within a few months. The case is then certified to the Circuit Court. The Circuit Court arraignment follows within sixty days. Pre-trial motions and hearings extend the timeline. A trial date may be set six to nine months after arraignment. Most cases are resolved before a trial through negotiation or motion.
Where exactly is the Chesterfield County courthouse?
The Chesterfield County Circuit Court is at 9500 Courthouse Road, Chesterfield, VA 23832. The courthouse is near the intersection with Iron Bridge Road. The building houses both Circuit and General District Courtrooms. Security screening is required for entry. You must arrive early for any court appearance. Parking is available in lots surrounding the courthouse complex.
Penalties & Defense Strategies
The most common penalty range is two to five years in a Virginia state prison. Judges in Chesterfield County impose significant active incarceration for these charges. The penalties escalate sharply for repeat offenses or other aggravating factors. Learn more about criminal defense representation.
| Offense | Penalty | Notes |
|---|---|---|
| Felon in Possession (First Offense) | Class 6 Felony: 1-5 years prison, or up to 12 months jail and/or fine up to $2,500. | Mandatory minimum of 1 year for non-violent prior, 2 years for violent prior. |
| Felon in Possession (Subsequent Offense) | Class 5 Felony: 1-10 years prison, mandatory minimum 5 years. | Five-year mandatory minimum is not suspendable by the court. |
| Possession of Firearm while in Possession of Schedule I/II Drugs | Separate mandatory minimum of 2 years, consecutive to other sentences. | This is an additional penalty under Va. Code § 18.2-308.4. |
| Federal Charge (18 U.S.C. § 922(g)) | Up to 10 years federal prison, or 15 years if prior convictions, or life if three prior violent felonies. | Federal prosecution is possible, especially for cases with interstate nexus. |
[Insider Insight] Chesterfield County prosecutors seek active prison time for nearly all felon-in-possession convictions. They rarely offer plea deals that avoid incarceration. Their focus is on the mandatory minimum sentences. Defense strategy must therefore attack the commonwealth’s evidence from the start. Challenging the legality of the stop, search, or arrest is often the best path.
An effective defense requires a detailed investigation. We examine the police report for inconsistencies. We subpoena dispatch logs and officer training records. We challenge the chain of custody for the firearm. We file motions to suppress if your Fourth Amendment rights were violated. We explore whether you had your civil rights restored. A restoration of rights can be a complete defense. We also investigate the validity of the predicate felony conviction. In some cases, the prior conviction may be constitutionally defective.
Will I lose my driver’s license for a gun charge?
A conviction for a firearm charge does not trigger an automatic driver’s license suspension in Virginia. However, the court can impose a license suspension as a discretionary penalty. This is more common if the firearm was in a vehicle. A separate charge like reckless driving could lead to suspension. Your driving privileges are generally safe from a standalone gun possession conviction.
What is the cost of hiring a defense lawyer for this?
The cost for a prohibited person gun charge lawyer Chesterfield County varies by case complexity. A direct case with a single charge may have a defined fee structure. A complex case with federal overlap or multiple charges requires a higher investment. The fee reflects the time needed for investigation, motion practice, and court appearances. SRIS, P.C. provides a clear fee agreement during your initial Consultation by appointment. Learn more about DUI defense services.
Why Hire SRIS, P.C. for Your Chesterfield County Firearm Defense
Attorney Bryan Block, a former Virginia State Trooper, knows how police build these cases from the inside. His experience provides a critical edge in challenging evidence and police procedure.
Bryan Block
Former Virginia State Trooper
Extensive experience in Chesterfield County Circuit Court
Focus on firearms and felony defense litigation
SRIS, P.C. has defended clients in Chesterfield County for years. We understand the local judges and prosecutors. Our team knows the specific procedures of the Chesterfield County Circuit Court. We do not treat your case as a generic legal problem. We develop a defense strategy based on the facts of your arrest. We investigate the scene, the officers involved, and the forensic evidence. We use our knowledge to protect your future. Our Chesterfield County Location allows us to respond quickly to court developments. We are prepared to take your case to trial if the prosecution’s offer is unacceptable. Your defense begins with a detailed case review.
Localized FAQs on Firearm by Felon Charges in Chesterfield County
What should I do if I am arrested for a gun charge as a felon in Chesterfield County?
Remain silent and request an attorney immediately. Do not discuss the case with anyone except your lawyer. Contact a felon with firearm defense lawyer Chesterfield County from SRIS, P.C. as soon as possible to start building your defense. Learn more about our experienced legal team.
Can a felon ever legally possess a firearm in Virginia?
Virginia law provides a permanent prohibition for convicted felons. The only potential path is through a full restoration of civil rights by the Governor of Virginia. This process is lengthy and grants are rare. Federal law may still prohibit possession.
What is the difference between state and federal charges for this?
State charges are prosecuted in Chesterfield County Circuit Court under Virginia law. Federal charges are prosecuted in U.S. District Court under federal law. Federal penalties are often more severe. Cases with interstate travel or federal agency involvement may be taken federally.
How long does a felon in possession case take in Chesterfield County?
From arrest to final resolution typically takes nine to fifteen months. The timeline depends on case complexity, evidence issues, and court scheduling. A trial will extend the timeline further. Your attorney can provide a more specific estimate after reviewing your case.
What are common defenses to a felon in possession charge?
Common defenses include illegal search and seizure, lack of possession, mistaken identity, and restoration of rights. Challenging the legality of the police stop or search is often the most effective defense strategy in these cases.
Proximity, CTA & Disclaimer
Our Chesterfield County Location is strategically positioned to serve clients facing serious firearm charges. We are accessible from across the county and the greater Richmond region. Consultation by appointment. Call 888-437-7747. 24/7.
Law Offices Of SRIS, P.C.—Advocacy Without Borders.
Chesterfield County, Virginia
Phone: 888-437-7747
Past results do not predict future outcomes.