Firearm by Felon Lawyer Lexington, VA
You have a prior felony conviction. Years have passed, and you have rebuilt your life. One evening, law enforcement officers arrive at your home with a search warrant. During the search, they locate a firearm in a closet or drawer, and you are now facing a charge of possession of a firearm by a convicted felon under Virginia Code § 18.2‑308.2. The potential consequences are severe: a Class 6 felony with a mandatory minimum prison sentence in many cases. You need an experienced defense attorney who understands how these cases are prosecuted in Lexington, the evidentiary issues that can arise, and how to build a well-prepared defense. Law Offices Of SRIS, P.C. represents individuals charged with firearm‑by‑felon offenses in Lexington General District Court and Lexington Circuit Court. To request a consultation, call (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What a Firearm by Felon Charge Means in Lexington, Virginia
Under Virginia law, a person who has been convicted of a felony and who knowingly and intentionally possesses or transports a firearm commits a felony offense. The charge is codified at Va. Code § 18.2‑308.2. A conviction is a Class 6 felony, punishable by a term of imprisonment of one to five years, or, at the discretion of a jury, up to twelve months in jail and a fine. If the prior felony was a violent felony as defined in § 17.1‑805 and the offense occurred within ten years of the prior conviction, a mandatory minimum sentence of two years applies. If the firearm was loaded, the mandatory minimum increases to five years. These mandatory minimums cannot be suspended, and the court has no authority to reduce them.
In Lexington, firearm‑by‑felon cases begin in the General District Court at 2 South Main Street. That court conducts a preliminary hearing to determine whether probable cause exists to send the case to the Lexington Circuit Court for trial. The Commonwealth’s Attorney for Lexington prosecutes the case. The Circuit Court is the trial court for felony charges, and defendants have the right to a jury trial. A conviction carries not only incarceration and fines but also a permanent felony record that affects employment, housing, and civil rights, including the loss of firearm rights.
How Mr. Sris and His Of Counsel Approach Firearm by Felon Defense
Every firearm‑by‑felon case is evaluated on its specific facts. Mr. Sris and the firm’s Of Counsel attorneys begin by examining the legality of the search that led to the discovery of the firearm. If law enforcement violated the Fourth Amendment, a motion to suppress the evidence may result in dismissal of the charge. They also scrutinize the proof of the predicate felony conviction—the Commonwealth must introduce a certified copy of the prior conviction order—and whether the defendant knowingly possessed the firearm. In some cases, the defense may establish that the defendant did not have actual or constructive possession of the item.
Throughout the process, Mr. Sris and his Of Counsel work to present a thorough defense that accounts for the local practices of the Lexington courts. They appear at preliminary hearings in the General District Court and, if the case proceeds, at trial in the Circuit Court. They handle all phases, including bond hearings, plea negotiations, motions practice, and, when necessary, jury trials. The goal is always to seek the most favorable outcome possible under the circumstances.
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. A former prosecutor, he brings firsthand understanding of how the Commonwealth builds its case. Mr. Sris and his Of Counsel bring extensive combined legal experience. Results may vary. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm’s Of Counsel attorneys are experienced litigators who practice exclusively as Of Counsel to the firm. Together, they serve clients in Lexington from the firm’s Shenandoah Location at 505 N Main St, Suite 103, Woodstock, VA 22664. By appointment only. To schedule a consultation, call (888) 437‑7747.
Frequently Asked Questions
How does a Virginia lawyer defend against firearm by felon charges?
Defense strategies for firearm by felon in Virginia may include challenging the legality of the search, examining the sufficiency of the evidence of possession, and negotiating with prosecutors for a reduced charge. An experienced attorney reviews the specific facts under Va. Code § 18.2‑308.2 to develop the strong $1. In Lexington, the assigned prosecutor and the presiding judge shape the approach. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
What should I do if I am facing firearm by felon charges in Virginia?
If you are charged with firearm by felon, remain silent, do not speak about the case with anyone other than your lawyer, and contact a criminal defense attorney as soon as possible. The statute of limitations and court deadlines under Virginia law require prompt action. Early legal representation can make a difference in the outcome. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
Do I need a criminal defense lawyer for a firearm by felon charge in Lexington, Virginia?
Yes, a firearm by felon charge is a felony carrying significant penalties, including a mandatory minimum prison sentence, and an experienced attorney can protect your rights at every stage of the proceeding. The Lexington courts have specific procedural rules, and self-representation in a felony case is extremely risky. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437‑7747.
What is the difference between the General District Court and the Circuit Court in Lexington?
The Lexington General District Court handles initial appearances, bond hearings, and preliminary hearings for felony charges; the Lexington Circuit Court is the trial court where felony cases are resolved by plea or jury trial. A preliminary hearing in General District Court tests whether probable cause exists. If the case is certified to Circuit Court, the defendant has a right to a jury trial. For more information, call Law Offices Of SRIS, P.C. at (888) 437‑7747.
Can a firearm by felon charge be reduced or dismissed in Lexington?
A firearm by felon charge may be dismissed if the evidence is suppressed or if the Commonwealth cannot prove an element of the offense; in some circumstances, the charge may be reduced to a misdemeanor through negotiation. The specific outcome depends on the facts of the case, the strength of the government’s evidence, and the skill of defense counsel. To discuss your options, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
How does bail work for a felony firearm charge in Lexington?
After arrest, a magistrate sets bond based on factors including flight risk and danger to the community; a defendant may request a bond review hearing in the Lexington General District Court. For a firearm by felon offense, the court may set a secured bond or deny bond altogether, particularly if the prior conviction involved violence. An attorney can argue for a reasonable bond. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437‑7747.
For additional information on Virginia criminal law, see our overview at Virginia Criminal Defense. Our firm also handles criminal matters in Fairfax County, Prince William County, and Manassas.
Primary legal authorities:
Virginia Code Title 18.2 (Crimes and Offenses) — official text of the firearm‑by‑felon statute and related provisions.
Lexington Combined Courts — information on General District and Circuit Court operations.
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.