Firearm by Felon Lawyer Fairfax, VA
You were pulled over on I‑66 near Chain Bridge Road, and now you face a felony charge for possession of a firearm by a convicted felon. A Fairfax County General District Court appearance has been set, and the possible consequences include prison time and a permanent criminal record. At Law Offices Of SRIS, P.C., we know how to respond. Our Fairfax location represents clients in firearm by felon cases throughout Fairfax County — from Tysons to Springfield. Since 1997, Mr. Sris and his Of Counsel team have defended Virginians in General District Court, Circuit Court, and federal court. We can appear on your behalf at 4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030, and help you build a defense under Va. Code § 18.2‑308.2. A conviction under this statute is a Class 6 felony, punishable by up to five years in prison, with a mandatory minimum two‑year term if the prior felony was a violent offense. A firearm by felon charge also carries the risk of a lifetime federal firearms prohibition under federal law. After an arrest, the magistrate sets bond, and the case moves to the Fairfax County General District Court for a preliminary hearing if a felony. Having experienced counsel early can affect the direction of the case. We work to achieve favorable outcomes while protecting your rights. Call (888) 437‑7747 to request a consultation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
Firearm by Felon Charges in Fairfax County, Virginia
Under Virginia law, it is unlawful for a person who has been convicted of a felony to knowingly and intentionally possess or transport a firearm. The charge is prosecuted under Va. Code § 18.2‑308.2. The Fairfax County Commonwealth’s Attorney’s Office actively pursues these cases, and the court system treats them seriously. The offense is classified as a Class 6 felony, which carries a term of imprisonment from one to five years. If the prior felony conviction was a violent felony within the preceding ten years, the statute imposes a mandatory minimum of two years. In some cases, the jury may impose a sentence of up to twelve months in jail. The statute does not provide a fine range, but a conviction can affect employment, housing, and firearm rights permanently.
Firearm by felon charges in Fairfax County are initially heard in the Fairfax County General District Court at 4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030. If the charge is a felony, the case will proceed through a preliminary hearing in that court and, if certified, be set for trial in the Fairfax County Circuit Court. Defendants have an absolute right to a jury trial in Circuit Court for any offense that carries potential jail time. The court system in Fairfax County is high‑volume, and prosecutors are well‑experienced in these matters. While the Commonwealth’s Attorney typically does not offer diversion programs for firearm offenses, the facts of each case determine the available options. If the charge is dismissed, results in an acquittal, or is nolle prossed, an expungement may be available under Va. Code § 19.2‑392.2. Our Fairfax location helps clients navigate each stage of this process.
How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases
Mr. Sris and his Of Counsel team begin by examining the elements of the charge and the circumstances of the arrest. We review the lawfulness of the search and seizure, the handling of evidence, and the chain of custody. We assess whether the item recovered meets the statutory definition of a firearm under Va. Code § 18.2‑308.2, and whether the prior felony conviction is a qualifying predicate. If the prior felony was not a violent felony, the mandatory minimum does not apply, and the court and jury may consider a range of sentencing options. We also look at whether the accused’s civil rights have been restored — a successful restoration- of‑rights petition by the Governor can remove the state‑law firearm disability, though it does not excuse a violation that occurred before restoration.
In Fairfax County, our team has appeared in General District Court and Circuit Court for firearm by felon matters. We explore all procedural and substantive defenses, including challenges to the identification of the accused, the absence of actual possession, and the possibility that the firearm belonged to another person. We also negotiate with the Commonwealth’s Attorney to seek an amendment of the charge when the evidence supports it, or to resolve the matter without a trial when it is in the client’s interest. Because every case is different, we tailor the approach to the specific facts and the client’s goals. Our role is to protect the client’s rights, present a thorough defense, and work toward a resolution that minimizes the impact on the client’s life.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been representing clients in Virginia since 1997. He is a former prosecutor who brings firsthand knowledge of how the Commonwealth builds its cases. His background in accounting and information systems also gives him a valuable perspective in cases involving financial or digital evidence. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary.
The Of Counsel team includes attorneys with law‑enforcement and prosecutorial backgrounds. Together, Mr. Sris and his Of Counsel offer a multi‑dimensional perspective on defense strategy. The team’s extensive experience includes major felonies, firearm‑related offenses, and serious traffic cases. The firm’s Fairfax location serves all of Fairfax County and neighboring communities. Consultations are by appointment only; reach our firm at (888) 437‑7747 to schedule.
Frequently Asked Questions
How does a Virginia lawyer defend against a firearm by felon charge?
An experienced attorney will examine the elements of the offense under Va. Code § 18.2‑308.2: whether the accused had a prior felony conviction, whether they knowingly possessed a firearm, and whether the item meets the statutory definition of a firearm. Defenses may include challenging the lawfulness of the stop or search, proving that the firearm belonged to someone else, or showing that the prior felony has been pardoned or rights restored. The lawyer also evaluates whether the prior conviction is a violent felony that triggers a mandatory minimum sentence. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
What should I do if I am arrested for firearm by felon in Fairfax County?
If you are arrested, exercise your right to remain silent and ask to speak with an attorney. Do not discuss the facts of the case with anyone except your lawyer. Preserve any documents, receipts, or evidence that might relate to the firearm or your prior record. A bond hearing will be held before a magistrate, where you will learn the conditions of your release. The case will then proceed to the Fairfax County General District Court. Contact a lawyer as soon as possible to protect your rights and begin building a defense. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
Can a firearm by felon conviction be expunged in Virginia?
Expungement in Virginia is generally available only for charges that result in an acquittal, dismissal, or nolle prosequi — not for convictions. If your firearm by felon charge is dismissed or you are found not guilty, you may petition the Fairfax County Circuit Court to expunge the arrest and court records under Va. Code § 19.2‑392.2. A conviction cannot be expunged absent an absolute pardon from the Governor. The expungement process involves filing a petition, serving the Commonwealth’s Attorney, and presenting evidence. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437‑7747.
What is the penalty for firearm by felon in Virginia?
A violation of Va. Code § 18.2‑308.2 is a Class 6 felony, carrying a term of imprisonment from one to five years. If the previous felony conviction was a violent felony within the previous ten years, a mandatory minimum of two years applies. The jury may, in its discretion, impose a sentence of up to twelve months in jail. In addition to incarceration, a conviction may result in the loss of civil rights, including the right to vote and possess firearms. Calling our firm at (888) 437‑7747 can help you understand how the law applies to your situation. Results may vary.
Do I need a lawyer for a firearm by felon charge in Fairfax County?
Yes. A firearm by felon charge is a felony that carries the possibility of significant prison time and a lifetime firearms disability. Fairfax County courts process cases efficiently, and the Commonwealth’s Attorney’s Office prosecutes these cases actively. An experienced attorney can evaluate the evidence, identify constitutional and procedural issues, negotiate with the prosecutor, and, if necessary, try the case before a jury. Early legal involvement often makes a substantial difference. To schedule a consultation, contact Law Offices Of SRIS, P.C. at (888) 437‑7747. Our Fairfax location serves all of Fairfax County.
Outbound primary sources: Va. Code § 18.2‑308.2 · Fairfax County General District Court · Va. Code § 19.2‑392.2 (Expungement)
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