Firearm by Felon Lawyer Alexandria, VA
Law Offices Of SRIS, P.C. provides experienced legal representation to individuals facing firearm by felon charges in Alexandria, Virginia. A charge under Va. Code § 18.2‑308.2 arises when a person previously convicted of a felony is accused of knowingly and intentionally possessing or transporting a firearm. This offense is classified as a Class 6 felony, carrying a potential sentence of one to five years in prison—or, at the jury’s discretion, up to twelve months in jail and a fine. In certain cases, mandatory minimum sentences apply: a two‑year minimum if the prior felony was a violent offense within the preceding decade, and a five‑year mandatory minimum if the firearm was loaded. These penalties underscore the seriousness of the charge. The firm’s Arlington location serves clients at the Alexandria General District Court (for preliminary hearings) and the Alexandria Circuit Court (for felony trials). If you or someone you know has been charged with firearm by felon in Alexandria, contact Law Offices Of SRIS, P.C. at (888) 437‑7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Firearm by Felon Means in Alexandria, Virginia
Virginia law prohibits anyone convicted of a felony from knowingly and intentionally possessing or transporting a firearm. Under Va. Code § 18.2‑308.2, a violation is a Class 6 felony, punishable by one to five years in prison—or by up to twelve months in jail and a fine if the jury so decides. Where the prior felony was a violent offense within the past ten years, a mandatory minimum sentence of two years applies. If the firearm was loaded and the prior felony was violent, the mandatory minimum increases to five years. Alexandria prosecutors pursue these charges vigorously, and cases are heard at the Alexandria General District Court for initial proceedings and, for felony trials, at the Alexandria Circuit Court. A conviction can result in incarceration, a permanent criminal record, and the loss of firearm rights.
Beyond the immediate penalties, a firearm by felon conviction carries long‑term consequences. Employment opportunities, professional licenses, and housing eligibility may be affected. Federal law also prohibits convicted felons from possessing firearms, and a state conviction can serve as a predicate for federal charges. Understanding the procedural landscape is critical: the Commonwealth’s Attorney for Alexandria prosecutes the case, and the defendant has the right to a jury trial in Circuit Court. Our firm’s familiarity with the Alexandria courts and their procedures helps us guide clients through each stage of the matter.
Under Va. Code § 18.2‑308.2, a mandatory minimum of two years applies if the prior felony was a violent offense within ten years; a five‑year mandatory minimum applies if the firearm was loaded and the prior felony was violent.
Source: Va. Code § 18.2‑308.2. Virginia 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 we represent someone charged with firearm by felon in Alexandria, our first step is a thorough review of the evidence. Mr. Sris and his Of Counsel examine the circumstances of the arrest, the validity of any search, and the chain of custody of the alleged firearm. We look for procedural irregularities and constitutional violations that may lead to suppression of evidence or dismissal of the charge. Because the prosecution must prove beyond a reasonable doubt that the accused had actual knowledge of the firearm and intentionally possessed it, we scrutinize every element of the state’s case.
We also evaluate whether alternative resolutions are possible. While Virginia judges are not parties to plea negotiations, the Commonwealth’s Attorney may agree to amend charges or recommend a sentence under Va. Sup. Ct. R. 3A:8. Mr. Sris and his Of Counsel discuss all available options with the client, from pretrial motions to trial strategy. Our goal is to protect the client’s rights and work toward the trusted achievable outcome under the facts of the case. Throughout the process, we keep clients informed and prepared for each court appearance.
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 established the firm in 1997. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he brings a prosecutor’s perspective to building a defense. His legislative involvement includes testifying before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
The Of Counsel team includes a former Virginia State Trooper whose law‑enforcement background provides valuable insight into police procedures and evidence‑gathering practices. Together, Mr. Sris and his Of Counsel bring extensive combined legal experience to every criminal matter. We concentrate on providing straightforward, well‑prepared advocacy for clients facing serious charges in Alexandria and across Northern Virginia.
Frequently Asked Questions
What is the penalty for firearm by felon in Alexandria, Virginia?
Under Va. Code § 18.2‑308.2, firearm possession by a convicted felon is a Class 6 felony punishable by 1 to 5 years in prison, or at the jury’s discretion, up to 12 months in jail and a fine. Mandatory minimum sentences apply in certain situations: a two‑year mandatory minimum if the prior felony was a violent offense within the past ten years, and a five‑year mandatory minimum if the firearm was loaded and the prior felony was violent. A conviction also results in a permanent loss of firearm rights and may affect employment and housing. Each case is unique, and an experienced attorney can explain how the penalties may apply to your specific situation.
How does an Alexandria lawyer defend against a firearm by felon charge?
An experienced Alexandria firearm by felon lawyer examines the arrest, challenges the evidence, and explores whether the prosecution can prove each element beyond a reasonable doubt. Common defenses include challenging the legality of a search or seizure, disputing whether the accused knew about the firearm, or demonstrating that the item did not meet the legal definition of a firearm. The firm reviews police reports, witness statements, and forensic evidence to identify weaknesses in the state’s case. In some instances, negotiation with the Commonwealth’s Attorney under Va. Sup. Ct. R. 3A:8 may result in an amended charge or a more favorable resolution.
Can a firearm by felon charge be reduced or dismissed in Alexandria?
A firearm by felon charge may be dismissed if evidence was obtained unlawfully or if the prosecution cannot meet its burden; it may also be reduced through negotiation with the Commonwealth’s Attorney. Plea bargaining is permitted in Virginia under Rule 3A:8, though the judge is not a party to those discussions. Dismissal or reduction depends heavily on the facts of the arrest, the strength of the evidence, and the defendant’s criminal history. A knowledgeable attorney can assess whether procedural or evidentiary issues support a motion to suppress or a request for a more favorable charge.
What are the mandatory minimum sentences for firearm by felon in Virginia?
Virginia imposes a mandatory minimum of two years if the prior felony was a violent offense within ten years, and a mandatory minimum of five years if the firearm was loaded and the prior felony was violent. These minimums are set by Va. Code § 18.2‑308.2 and cannot be suspended or reduced by the judge. For a first‑time, non‑violent prior felony, no mandatory minimum applies, and the court has broader sentencing discretion. Understanding which mandatory minimum, if any, is triggered is a critical early step in building a defense strategy.
Do I need a lawyer for a firearm by felon charge in Alexandria?
Yes, you should consult an experienced criminal defense attorney as soon as possible. A felony conviction carries the risk of prison time, a permanent criminal record, and the loss of firearm rights. An attorney can protect your rights during questioning, evaluate the evidence, and guide you through the court process. Attempting to handle the case alone or speaking with law enforcement without counsel can inadvertently harm your defense. Legal representation is essential to ensure your side is fully presented.
What should I do if I am arrested for firearm by felon in Alexandria?
If you are arrested, remain silent, do not discuss the case with anyone except your attorney, and contact a defense lawyer immediately. You have the right to have an attorney present during any questioning. Do not consent to searches or make statements about the incident. Preserve any documents or information that may be relevant, but share them only with your legal counsel. Early involvement by an attorney can influence bond decisions and the direction of the case. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Serving nearby communities:
Fairfax County criminal defense |
Fairfax City criminal lawyer |
Falls Church criminal defense |
Prince William County criminal lawyer |
Manassas criminal defense
Virginia legal resources:
Virginia Code § 18.2‑308.2 |
Alexandria General District Court |
Virginia Courts
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