Firearm by Felon Lawyer Virginia Beach, VA

You were pulled over on I-264 near the Virginia Beach Oceanfront, and during the stop, officers found a firearm in your car. Now you are facing a charge of possessing a firearm as a convicted felon under Virginia Code § 18.2-308.2—commonly called firearm by felon. This is a Class 6 felony that carries mandatory prison time and permanent loss of your state and federal firearm rights. At Law Offices Of SRIS, P.C., our defense team, led by Mr. Sris, a former prosecutor, has extensive experience representing clients in Virginia Beach courts. With over 120 years of combined legal experience between Mr. Sris and his Of Counsel and 4,739+ documented firm-wide results, we know how to challenge the prosecution’s case. Results may vary. Call (888) 437‑7747 to schedule a confidential consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

How a Firearm by Felon Charge Is Handled in Virginia Beach

Under Va. Code § 18.2-308.2, any person who has been convicted of a felony and who knowingly possesses a firearm commits a Class 6 felony. A conviction carries a prison sentence of one to five years. If the prior felony was a violent offense within 10 years, a mandatory minimum of two years applies; if the firearm was loaded, the mandatory minimum increases to five years. These mandatory terms cannot be suspended or modified by a judge—they require incarceration. The charge cannot be expunged from your record unless you are acquitted or the charge is dismissed.

After an arrest in Virginia Beach, a magistrate sets an initial bond. For a felony firearm charge, secured bond is typical, requiring a bail bondsman’s fee. Your attorney can seek bond review in Virginia Beach General District Court (located at 2425 Nimmo Parkway, Building 10B). The case then proceeds to a preliminary hearing in that court, where the prosecutor presents evidence to establish probable cause. If the judge finds probable cause, the case is certified to Virginia Beach Circuit Court for trial. The timeline varies: the preliminary hearing may be held within a few weeks, and the Circuit Court trial date could be several months later. Virginia law provides a right to a speedy trial, and your attorney will manage scheduling to ensure proper preparation.

At Law Offices Of SRIS, P.C., we have documented eight favorable case results in Virginia Beach across all practice areas. Mr. Sris, a former prosecutor, and his Of Counsel team, which includes a former Virginia State Trooper, use their insights to scrutinize police reports, search warrants, and witness statements. Possible defenses include challenging whether you possessed the firearm, whether the search was lawful, or whether the firearm meets the statutory definition. While results vary and prior outcomes do not guarantee a similar result, our team works to achieve favorable outcomes for each client.

Frequently Asked Questions About Firearm by Felon in Virginia Beach

What are the penalties for a firearm by felon charge in Virginia?

A conviction under Va. Code § 18.2-308.2 is a Class 6 felony, punishable by one to five years in prison and fines up to $2,500. If the prior felony was a violent offense within 10 years, a mandatory minimum of two years applies; if the firearm was loaded, the mandatory minimum rises to five years. These mandatory terms cannot be suspended. Conviction also means permanent loss of your state and federal firearm rights.

Is a firearm by felon charge a felony or misdemeanor?

It is a felony. In Virginia, possessing a firearm after a felony conviction is always a felony offense, specifically a Class 6 felony. It is never handled as a misdemeanor, even for a first offense. The case proceeds in Virginia Beach Circuit Court after a preliminary hearing in General District Court.

Can a convicted felon ever get their firearm rights restored in Virginia?

Yes, but the process is lengthy and uncertain. Virginia allows a felon to petition the Governor for civil rights restoration, which can include firearm rights, but firearm rights are not automatically restored even after other civil rights are restored. You must specifically apply, and the Governor has sole discretion. A successful restoration removes the state prohibition, but federal law may still bar firearm possession. An attorney can advise on the complexities.

How does bond work for a firearm by felon charge in Virginia Beach?

After arrest, a magistrate sets an initial bond. Because felony firearm charges are considered serious, secured bond is typical, which means you pay a bail bondsman a non‑refundable premium (often 10%) to secure release. If bond is denied or set too high, your attorney can file a motion to reconsider bond in Virginia Beach General District Court. Factors such as ties to the community, employment, and lack of prior failures to appear are considered.

What are possible defenses to a firearm by felon charge?

Defenses include lack of knowledge that the firearm was present, involuntary possession, unconstitutional search and seizure, chain‑of‑custody issues, and insufficient proof that you knew you were a felon. A thorough investigation by your defense team, led by a former prosecutor and a former Virginia State Trooper, can uncover weaknesses in the Commonwealth’s case.

Will I go to jail if convicted of firearm by felon?

Yes. Firearm by felon carries a mandatory minimum prison sentence under Virginia law, meaning jail time is not optional. Even at the low end, a conviction results in at least one year in prison, and if aggravating factors exist, a longer mandatory minimum applies. However, an effective defense may lead to a dismissal, a nolle prosequi, or a reduction in the charge, which could avoid prison. Every case is different; results vary.

How long does a firearm by felon case take in Virginia Beach?

The timeline varies by court docket. Typically, a preliminary hearing in General District Court is scheduled within a few weeks to a couple of months after arrest. If the case is certified to Circuit Court, the trial may occur several months later. Virginia law gives you the right to a speedy trial, but you may also waive that right for additional preparation. Your attorney will keep you informed of scheduling and ensure your rights are protected.

Can the charge be reduced or dismissed?

Possibly. The Commonwealth’s Attorney may agree to nolle prosequi (drop the charge) if evidence is weak, or offer a plea to a lesser offense that does not carry mandatory prison or firearm prohibitions. In some cases, motions to suppress evidence can lead to dismissal. Past results do not guarantee a similar outcome, and results depend on the specific facts. Your lawyer will advise on the realistic options after reviewing discovery.

What should I do immediately after being charged?

Remain silent and do not discuss the facts with anyone except your lawyer. Preserve any evidence, including photographs, witness contact information, and documents. Contact a criminal defense attorney immediately. Early intervention can shape the bond hearing and preserve defenses. Do not post on social media about the case. Law Offices Of SRIS, P.C. offers consultations at (888) 437‑7747.

How can a lawyer help with a firearm by felon charge in Virginia Beach?

An experienced firearm defense lawyer investigates whether the arrest and search were lawful, challenges the prosecution’s evidence, negotiates for charge reductions or diversion, and advocates for reasonable bond. At Law Offices Of SRIS, P.C., Mr. Sris, a former prosecutor, leads a team that includes a former Virginia State Trooper—giving them unique insight into both sides of the case. They appear in Virginia Beach courts and work to protect your rights at every stage.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced criminal defense since 1997. A former prosecutor, 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 Of Counsel team includes a former Virginia State Trooper with 15 years of law enforcement experience and other dedicated attorneys. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and 4,739+ documented firm-wide results. Results may vary.

Related practice areas:
Criminal Defense Lawyer Virginia Beach |
Felony Lawyer Virginia Beach |
DUI Lawyer Virginia Beach |
Reckless Driving Lawyer Virginia Beach

Virginia legal resources:
Virginia Code § 18.2‑308.2 |
Virginia Beach Circuit 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.