Concealed Weapon Lawyer Fairfax County, VA
You were driving along I‑495 when a traffic stop turned into a search—and the officer found a handgun in your glove compartment. Now you are charged with carrying a concealed weapon under Va. Code § 18.2‑308. A first offense is a Class 1 misdemeanor, punishable by up to 12 months in jail and a $2,500 fine. The stakes are high, and a conviction can affect your job, your security clearance, and your firearm rights. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. Concentrate their practice on defending Fairfax County residents against weapons charges. Mr. Sris, a former prosecutor, understands how the Commonwealth builds its case—and where the weaknesses are. The firm has documented 501 case results in Fairfax County criminal matters, including numerous dismissals and charge reductions. Results may vary. To request a consultation, reach the firm at (888) 437‑7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What a Concealed Weapon Charge Means in Fairfax County
Virginia Code § 18.2‑308 makes it unlawful to carry a firearm or other prohibited weapon hidden from common observation. A first violation is a Class 1 misdemeanor (up to 12 months in jail and a $2,500 fine). A second conviction is a Class 6 felony, and a third or subsequent conviction is a Class 5 felony. Cases are heard at the Fairfax County General District Court for misdemeanors and at the Fairfax County Circuit Court for felonies. The courthouse is located at 4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030.
Plea bargaining is permitted in Virginia; the Commonwealth’s Attorney may agree to amend or reduce charges. However, the judge is not a party to the negotiation. If the case cannot be resolved by agreement, the defendant has an absolute right to a jury trial in Circuit Court for any offense carrying possible jail time. For first‑offense misdemeanors, the court has the option to defer disposition and, upon successful completion of probation terms, dismiss the charge. For acquittals, nolle prosequi, or dismissals, a petition to expunge police and court records may be filed under Va. Code § 19.2‑392.2.
How Mr. Sris and His Of Counsel Handle Concealed Weapon Cases
Mr. Sris and his Of Counsel team begin by examining every aspect of the traffic stop and the discovery of the weapon. They assess whether the officer had reasonable suspicion for the stop, whether the search was lawful, and whether the firearm was actually “hidden from common observation” under Virginia case law. When procedural issues exist, they file motions to suppress evidence. If the evidence is strong, they negotiate with the prosecutor to explore amendment to a lesser offense, diversion, or deferred disposition, always with the goal of minimizing the long‑term consequences for the client.
The team’s depth—drawing on Mr. Sris’s former-prosecutor perspective and over 120 years of combined legal experience between him and his Of Counsel and 4,739+ documented firm-wide results—allows them to anticipate the Commonwealth’s strategy and prepare a thorough defense. Results may vary. Whether the case is in General District Court or Circuit Court, they appear at every hearing, argue every motion, and keep the client informed at each step. The timeline of a case varies by court calendar and complexity; the team works to move the matter forward while protecting the client’s rights.
About Mr. Sris and His Of Counsel Team
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. He founded the firm in 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Before entering private practice, Mr. Sris served as a prosecutor, giving him firsthand insight into how criminal cases are built and tried. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel team includes attorneys with extensive experience in criminal defense; together they bring over 120 years of combined legal experience and 4,739+ documented firm-wide results. Results may vary.
Frequently Asked Questions
What is the penalty for carrying a concealed weapon in Virginia?
A first offense under Va. Code § 18.2‑308 is a Class 1 misdemeanor, carrying up to 12 months in jail and a $2,500 fine. A second offense is a Class 6 felony, and a third or later offense is a Class 5 felony. The court may also impose probation, community service, and loss of firearm rights.
How does a lawyer defend against a concealed weapon charge?
An experienced defense attorney reviews the legality of the stop and the search, examines whether the weapon was truly “concealed” under Virginia law, and investigates whether the client had a valid concealed handgun permit or another legal exception. In many cases, negotiation with the prosecutor leads to an amended charge or alternative resolution that avoids a permanent criminal record.
What should I do if I’m facing a concealed weapon charge in Fairfax County?
First, remain silent and do not discuss the facts with anyone except your attorney. Preserve any evidence, such as dashcam footage or witness contact information, and avoid posting about the case on social media. Contact an experienced criminal defense lawyer as soon as possible so that critical deadlines and court dates are not missed.
How does bail work in Fairfax County?
After an arrest, a magistrate sets bond. For many first‑offense misdemeanors, personal recognizance (no payment) is common. If a bond amount is set, it may be posted by the accused or through a bail bondsman. A bond decision can be appealed to the Fairfax County General District Court for review.
Can a concealed weapon charge be expunged in Virginia?
Expungement is available for charges that ended in an acquittal, nolle prosequi, or dismissal under Va. Code § 19.2‑392.2. If the charge resulted in a conviction, expungement is generally not available, though some deferred-disposition outcomes may lead to a dismissal and subsequent expungement eligibility.
Do I need a lawyer for a concealed weapon charge?
Yes. Even a misdemeanor conviction can create a permanent criminal record that affects employment, professional licenses, and firearm rights. An attorney who practices in Fairfax County courts can evaluate the prosecution’s case, identify procedural issues, and work toward a resolution that protects your future.
For a consultation, reach Mr. Sris and his Of Counsel at (888) 437‑7747.
Our firm handles criminal defense throughout Northern Virginia. See our criminal lawyers in:
Prince William County ·
Stafford County ·
Fauquier County ·
Loudoun County ·
Arlington County
Virginia statutory resources: Virginia Code Title 18.2 · Virginia Courts
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.