Firearm by Felon Lawyer Near Me
If you are searching for a firearm by felon lawyer near you and your case is in Virginia, the charge you are facing is serious. A conviction under Virginia Code § 18.2‑308.2 can carry significant penalties, including a mandatory minimum prison term in certain circumstances. Law Offices Of SRIS, P.C. Concentrates its practice on criminal defense and represents individuals in Lynchburg, throughout Central Virginia, and across all five of the firm’s jurisdictions — Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been practicing since 1997. He and his Of Counsel bring over 120 years of combined legal experience and have achieved over 4,739 documented firm-wide results to firearm-by-felon charges. Results may vary. To discuss your situation and request a consultation, reach the firm at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Firearm by Felon Means in Lynchburg, Virginia
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. The offense is classified as a Class 6 felony. In Lynchburg, a charge of this nature is initially heard in the Lynchburg General District Court for a preliminary hearing if it is a felony, and the case may proceed to the Lynchburg Circuit Court for trial or disposition. The Commonwealth’s Attorney for the City of Lynchburg is responsible for prosecuting these cases.
A person facing a firearm‑by‑felon charge in Lynchburg may be confronting not only a state-level prosecution but also potential federal consequences under 18 U.S.C. § 922(g). The interplay between state and federal law makes early legal guidance important. The court will evaluate the evidence, the nature of the underlying felony, and any other aggravating factors. Because the statutory penalty structure includes mandatory minimums when the prior felony was a crime of violence or involved a firearm, a person charged may face a substantial period of incarceration. Mr. Sris and his Of Counsel have experience handling these matters in Virginia courts, including in the Lynchburg area.
A first‑offense violation of Va. Code § 18.2‑308.2 is a Class 6 felony, punishable by one to five years in prison or, at the discretion of the jury or court, up to twelve months in jail and a fine. When the prior felony was a violent felony under § 17.1‑805, a mandatory minimum term of two years applies; if the firearm was loaded, the mandatory minimum increases to five years.
Source: Va. Code § 18.2‑308.2. Va. 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 client contacts Law Offices Of SRIS, P.C. about a firearm‑by‑felon charge, the legal team begins by examining the facts that led to the arrest. This includes whether law enforcement conducted a lawful stop or search, whether any statements were obtained in compliance with constitutional protections, and whether the evidence supports each element of the charge. A thorough understanding of the procedural rules in Lynchburg courts allows Mr. Sris and his Of Counsel to assess potential challenges to the Commonwealth’s case.
The defense strategy may focus on whether the item alleged to be a firearm meets the legal definition under Virginia law, whether the client falls within any recognized exception, or whether the underlying felony conviction is still disqualifying. Because Virginia does not permit judges to participate in plea negotiations, any discussions about a possible resolution occur exclusively with the Commonwealth’s Attorney. Mr. Sris and his Of Counsel work to identify avenues for a charge reduction, a nolle prosequi, or a negotiated disposition that mitigates the long‑term consequences. The timeline for a case varies based on the court’s calendar and the complexity of the issues. Throughout the process, the firm keeps the client informed about developments and the options available.
About Mr. Sris and His Of Counsel Team
Mr. Sris founded Law Offices Of SRIS, P.C. in 1997 after serving as a prosecutor. His background in accounting and information systems strengthens the firm’s ability to handle cases involving forensic evidence, financial records, and technology‑related issues. Mr. Sris has testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He maintains a limited personal caseload so that every matter receives focused attention.
Mr. Sris is joined by Of Counsel attorneys who are experienced in criminal defense and who collectively contribute over 120 years of combined legal experience and have achieved over 4,739 documented firm-wide results. Results may vary. Each Of Counsel attorney is a non‑employee of the firm, engaged through Excella. The team approaches every firearm‑by‑felon case with a collaborative strategy, drawing on the diverse backgrounds of its members — including prior law enforcement and prosecutorial experience — to build a thorough defense. No single attorney’s workload replaces the coordinated effort that the firm brings to each client’s representation.
Frequently Asked Questions
How does a Virginia lawyer defend against firearm by felon charges?
Defense strategies in Virginia typically focus on challenging the legality of the search or seizure, disputing whether the object meets the legal definition of a firearm, or examining whether the prior conviction is still a disqualifying status. An attorney may also look at whether the client is subject to any restoration of rights that could impact the charge. Mr. Sris and his Of Counsel evaluate the specific facts under Va. Code § 18.2‑308.2 and craft a defense tailored to the circumstances. In some situations, negotiations with the prosecutor can result in an amendment or dismissal of the charge.
What should I do if I am facing firearm by felon charges in Virginia?
Contact a criminal defense attorney immediately and refrain from discussing the case with anyone other than your lawyer. Do not make statements to law enforcement without counsel present. Preserve any documents, photographs, or other evidence that may be relevant. Because the consequences of a conviction can include incarceration and the loss of certain civil rights, taking prompt action helps protect your interests.
Can a felon ever possess a firearm in Virginia?
Generally, no — Virginia law prohibits anyone convicted of a felony from knowingly possessing or transporting a firearm, but certain individuals may have their firearm rights restored through a petition for restoration of rights. Restoration is a separate legal process and does not happen automatically. Even after firearms rights are restored under Virginia law, a person may still face restrictions under federal law. Consulting an attorney about your specific situation is important before assuming any firearm possession is lawful.
Does a firearm‑by‑felon charge in Lynchburg carry mandatory jail time?
It can, depending on the classification of the underlying felony and whether the firearm was loaded. Under Va. Code § 18.2‑308.2, there is no mandatory minimum for a first offense unless the prior felony was a crime of violence. If it was a violent felony under § 17.1‑805, a minimum of two years applies, and five years if the firearm was loaded. Lynchburg Circuit Court is where these more serious cases are heard.
What is the difference between state and federal firearm‑by‑felon charges?
A state charge is prosecuted under Virginia law in state court, while a federal charge under 18 U.S.C. § 922(g) is brought by the U.S. Attorney in federal district court, often carrying longer sentences and no parole. A person can face both state and federal prosecutions for the same conduct, although the Department of Justice coordinates with local prosecutors. Mr. Sris and his Of Counsel handle firearm charges in Virginia’s state courts and, through the firm’s federal criminal practice, can assist with related federal matters.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
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