Possession or use of a machine gun is a federal offense under 18 U.S.C. § 922(o), carrying severe penalties including up to 10 years in federal prison. Law Offices Of SRIS, P.C. has extensive criminal defense experience in Henrico County.
Possession or Use of a Machine Gun Lawyer in Henrico County, Virginia
Under 18 U.S.C. § 922(o), it is unlawful for any person to transfer or possess a machine gun, except as authorized by the Attorney General. A machine gun is defined under 26 U.S.C. § 5845(b) as any weapon that shoots, is designed to shoot, or can be readily restored to shoot automatically more than one shot without manual reloading by a single function of the trigger. This includes parts designed to convert a firearm into a machine gun. A conviction under this statute carries a maximum penalty of 10 years in federal prison, fines, and supervised release. The U.S. Attorney’s Office for the Eastern District of Virginia prosecutes these cases in the U.S. District Court for the Eastern District of Virginia (Richmond Division).
Last verified: May 2026 | U.S. District Court for the Eastern District of Virginia | 18 U.S.C. § 922(o)
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., ‘Advocacy Without Borders,’ brings 120+ years combined legal experience to every federal criminal defense case.
For the official text of the federal statute governing machine gun possession, see 18 U.S.C. § 922(o) (Cornell LII — official U.S. Code). For the definition of a machine gun, see 26 U.S.C. § 5845(b) (Cornell LII — official U.S. Code).
In the U.S. District Court for the Eastern District of Virginia (Richmond Division), federal prosecutors routinely pursue machine gun possession charges aggressively. We have observed that the government often relies on evidence from ATF investigations and informant testimony.
- Do not speak to law enforcement without your attorney present.
- Preserve all evidence and documentation related to the alleged incident.
- Contact a federal criminal defense lawyer immediately.
- Review the charges and potential penalties with your attorney.
- Prepare a defense strategy that may include challenging the legality of the search or seizure.
- Attend all court hearings and comply with all deadlines.
In Henrico County, possession or use of a machine gun carries a federal penalty of up to 10 years in prison, fines, and supervised release.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of a Machine Gun (18 U.S.C. § 922(o)) | Federal Felony | Up to 10 years | Up to $250,000 | N/A (federal) | Supervised release, loss of firearm rights, potential deportation for non-citizens |
| Use of a Machine Gun During a Crime of Violence (18 U.S.C. § 924(c)) | Federal Felony | Mandatory minimum 30 years (if machine gun used) | Up to $250,000 | N/A (federal) | Consecutive sentence, no parole, supervised release |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., ‘Advocacy Without Borders,’ brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. Mr. Sris personally handles complex federal criminal defense matters, including possession or use of a machine gun charges. The firm’s extensive criminal defense experience ensures that clients receive knowledgeable representation in federal court.
Bryan Block, Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. Former Virginia State Trooper (15 years). View Bryan Block’s Profile
Law Offices Of SRIS, P.C. has 21 documented results in Henrico County: 17 dismissed or not guilty, 4 reduced or amended — a favorable outcome in all reported instances. Results may vary. These results demonstrate the firm’s commitment to achieving favorable outcomes for clients facing serious federal charges.
Our location in Richmond is approximately 10 miles from the U.S. District Court for the Eastern District of Virginia (Richmond Division), with access via I-64, I-95, and I-295.
If you are searching for a “machine gun possession lawyer near Henrico County,” we are here to help.
Serving the communities of Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Richmond Location: 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 | (804) 201-9009 | By appointment only.
Frequently Asked Questions
What is the penalty for a misdemeanor in Henrico County, Virginia?
A Class 1 misdemeanor in Henrico County carries up to 12 months in jail and a $2,500 fine. A Class 2 misdemeanor: up to 6 months/$1,000. Common charges include assault and battery (§ 18.2-57), petit larceny under $1,000 (§ 18.2-96), and driving on suspended (§ 46.2-301). Cases heard at Henrico County General District Court (4301 East Parham Road, Henrico, VA 23228).
Can criminal charges be expunged in Henrico County, Virginia?
Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most convictions cannot be expunged. The petition is filed in Henrico County Circuit Court. First-offense marijuana possession may qualify through deferred disposition.
How does bail work in Henrico County, Virginia?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors in Henrico County. Secured bond (bail bondsman charges ~10%) is typical for felonies. Bond can be appealed to Henrico County General District Court.
Do I need a criminal defense lawyer in Henrico County, Virginia?
Yes. Criminal charges carry possible jail time, fines, and a permanent record that affects employment, housing, professional licenses, and immigration status. Even a misdemeanor at Henrico County General District Court (misdemeanor) and Henrico County Circuit Court (felony) has serious long-term consequences.
What is the difference between GDC and Circuit Court in Henrico County?
Henrico County General District Court handles misdemeanor trials and felony preliminary hearings. Henrico County Circuit Court handles felony jury trials and appeals from GDC. You have an absolute right to a jury trial in Circuit Court for any offense carrying jail time.
What is the difference between state and federal charges?
Federal charges are prosecuted by the U.S. Attorney with generally harsher penalties and no parole. An experienced federal defense attorney is critical.
What is federal criminal court and how is it different in VA?
Federal criminal cases in VA are prosecuted by U.S. Attorneys in U.S. District Court and carry harsher sentencing guidelines than state charges. Law Offices Of SRIS, P.C. handles federal defense — (888) 437-7747.
How do federal sentencing guidelines work in Henrico County, Virginia?
Federal sentencing at U.S. District Court for the Eastern District of Virginia follows the U.S. Sentencing Guidelines — a points-based calculation using offense level and criminal history category. While advisory since Booker (2005), guidelines strongly influence sentencing. Mandatory minimum statutes override downward departures in many drug, firearm, and child exploitation offenses.
How does a Virginia lawyer defend against possession or use of a machine gun charges?
Defense strategies for possession or use of a machine gun in Virginia may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under federal statutes to build the strongest possible defense.
What should I do if I am facing possession or use of a machine gun charges in Virginia?
If facing possession or use of a machine gun charges in Virginia, contact a federal criminal attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The statute of limitations and court deadlines under Virginia law require prompt action.
For more information about federal criminal defense in Virginia, visit our Conspiracy to Commit an Offense lawyer Virginia hub page.
Explore related pages: Conspiracy to Commit an Offense lawyer Caroline County and Conspiracy to Commit an Offense lawyer Chesterfield County.
See also: Trespass Defense Lawyer Henrico County and Firearm by Felon Lawyer Henrico County.
Last verified: May 2026
By appointment only.