Firearm by Felon Lawyer Clarke County, VA
A charge of firearm by a convicted felon under Virginia Code § 18.2‑308.2 is a Class 6 felony that carries mandatory minimum incarceration and severe long-term consequences, including the permanent loss of the right to possess firearms. In Clarke County, these cases are filed in the Clarke County General District Court for preliminary hearing and proceed to the Clarke County Circuit Court for trial. Law Offices Of SRIS, P.C. provides legal representation to individuals in Berryville, Boyce, and throughout Clarke County who are facing this serious felony charge. The firm’s Of Counsel attorneys, including a former Virginia State Trooper with extensive experience in weapons-related criminal defense, work with Mr. Sris to build a thorough defense. If you have been arrested or are under investigation, reach our location at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Firearm by Felon Means in Clarke County, Virginia
Under Virginia Code § 18.2‑308.2, it is unlawful for any person who has been convicted of a felony to knowingly and intentionally possess or transport a firearm. The offense is a Class 6 felony, punishable by one to five years in prison, although the jury may impose a jail sentence of up to twelve months in certain circumstances. When the prior felony was a violent offense as defined by law, a mandatory minimum sentence of two years applies, and the mandatory minimum increases to five years if the firearm was loaded. A conviction also results in the permanent loss of firearm rights and may affect employment, housing, and professional licenses.
In Clarke County, firearm-by-felon prosecutions are initiated in the Clarke County General District Court, located at 104 North Church Street in Berryville. Felony cases are certified to the Clarke County Circuit Court after a preliminary hearing. The Commonwealth’s Attorney for Clarke County prosecutes these matters. Law Offices Of SRIS, P.C. is familiar with the local procedures and judicial expectations. Early engagement of counsel can influence the direction of the case. The firm has documented case results in Clarke County across multiple practice areas. Results may vary.
How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases
Defending a charge under Virginia Code § 18.2‑308.2 requires a thorough examination of the circumstances surrounding the alleged possession. The firm’s approach begins with an early review of the arrest and investigation. Mr. Sris and his Of Counsel examine whether law enforcement followed proper procedures in locating the firearm, whether the search or seizure was legally justified, and whether the prosecution can prove knowing possession—a critical element of the offense. The firm also investigates the status of the prior felony conviction. If there are questions about the validity of the predicate offense or whether the prior conviction has been expunged, restored, or does not otherwise meet the statutory definition of a disqualifying felony, those issues are raised before the court.
The firm’s Of Counsel includes a former Virginia State Trooper who brings practical insight into how weapons investigations are conducted. That experience helps in evaluating the strength of the prosecution’s evidence and in identifying procedural weaknesses. Mr. Sris and his Of Counsel also explore whether alternative resolutions, such as charge amendments or deferred dispositions, may be available under the facts of the case. The firm works with clients to develop a defense strategy tailored to the specific circumstances and the posture of the matter before the Clarke County General District Court or Circuit Court.
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 founded 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). His practice concentrates on complex criminal defense, including firearm‑by‑felon charges.
The firm’s Of Counsel attorneys bring additional experience in criminal defense. One Of Counsel served fifteen years as a Virginia State Trooper before entering private practice, providing detailed knowledge of police procedures and weapons enforcement. Another Of Counsel, who previously worked as a prosecutor in Maryland, contributes insight into how the government builds its case. Mr. Sris and his Of Counsel bring extensive combined legal experience. Results may vary.
Frequently Asked Questions
What is the penalty for firearm by a felon in Clarke County, Virginia?
Under Virginia Code § 18.2‑308.2, a first offense of possession of a firearm by a convicted felon is a Class 6 felony, carrying a term of imprisonment of one to five years. The court may impose a jail sentence of up to twelve months at jury discretion for a Class 6 felony, but a mandatory minimum sentence of two years applies if the prior felony was a violent offense. If the firearm was loaded and the prior felony was violent, the mandatory minimum increases to five years. A conviction also results in the permanent loss of the right to possess firearms. Sentencing is determined by the Clarke County Circuit Court after a trial or plea. Early representation is critical because the mandatory minimum provisions restrict the court’s sentencing flexibility.
How does a Virginia lawyer defend against firearm by felon charges?
Defense strategies in a firearm‑by‑felon case often focus on challenging the government’s proof of knowing possession and the legal validity of the predicate felony conviction. An experienced attorney examines whether the search or seizure that uncovered the firearm complied with the Fourth Amendment and whether the prosecution can establish that the defendant knowingly possessed the weapon. The defense may also investigate whether the prior felony conviction qualifies as a disqualifying offense under the statute—for example, by determining whether the conviction has been expunged, set aside, or whether its classification does not trigger the firearm prohibition. In Clarke County, pretrial motions and plea negotiations can influence whether the charge remains a felony or is resolved on terms that avoid the mandatory minimum.
What should I do if I am facing firearm by felon charges in Clarke County?
If you are facing a charge under Virginia Code § 18.2‑308.2, the most important step is to contact a criminal defense attorney immediately and refrain from discussing the case with anyone else. Preserve any records or documentation that may be relevant, including paperwork relating to your prior conviction. In Clarke County, a first appearance may be scheduled before the General District Court, and the early stages of the case can influence the course of the prosecution. Do not attempt to explain the situation to law enforcement without counsel present. Reach Law Offices Of SRIS, P.C. at (888) 437‑7747 to request a consultation.
Can a convicted felon ever regain the right to own a firearm in Virginia?
Restoration of firearm rights is a separate civil process that requires a petition for restoration of civil rights, including the right to possess a firearm, through the Governor’s office or, in some cases, through a circuit court petition. A felony conviction results in the loss of civil rights, and firearm rights are not automatically restored unless the individual’s civil rights have been fully restored and the restoration explicitly includes firearm rights. Even then, federal law may impose additional restrictions. The process is complex and is handled outside the criminal case. An attorney can advise whether restoration may be possible based on the nature of the prior conviction and the time elapsed since the sentence was completed. Results vary depending on the specific facts.
Do I need a lawyer for a firearm by felon charge in Clarke County?
Yes. A charge under Virginia Code § 18.2‑308.2 carries mandatory minimum prison time and can permanently affect your freedom, firearm rights, and future opportunities. The Clarke County General District Court and Circuit Court process felony charges with serious consequences. An experienced criminal defense attorney can evaluate whether the government’s evidence is sufficient, whether procedural challenges exist, and whether a negotiated resolution is possible. Self‑representation in a felony weapons case is extremely risky because the procedural rules and sentencing statutes are complex. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437‑7747.
What are the mandatory minimum sentences for firearm by felon in Virginia?
The mandatory minimum sentence depends on the nature of the prior felony conviction and whether the firearm was loaded. If the prior felony was a violent felony as defined in Virginia Code § 17.1‑805 and the firearm was not loaded, the mandatory minimum is two years. If the firearm was loaded and the prior felony was violent, the mandatory minimum is five years. If the prior felony is non‑violent and no other enhancement applies, the offense is still a Class 6 felony but does not carry a mandatory minimum—although the judge may still impose a prison term of one to five years, or up to twelve months in jail at jury discretion. These mandatory minimums restrict the court’s ability to suspend any portion of the sentence.
Learn more about criminal defense in neighboring counties:
- Criminal Defense Lawyer Shenandoah County
- Criminal Defense Lawyer Frederick County
- Criminal Defense Lawyer Warren County
Primary legal resources:
- Virginia Code § 18.2‑308.2 – Possession of firearm by convicted felon
- Clarke County General District Court
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.