Fredericksburg VA Firearm By Felon Lawyer — What Are Your Defense Options?
Possession of a firearm by a convicted felon in Fredericksburg is a serious felony under Va. Code § 18.2-308.2, punishable by a mandatory minimum of 2 years in prison. Law Offices Of SRIS, P.C. has documented case results in Fredericksburg. A Fredericksburg VA firearm by felon lawyer from our firm can challenge the evidence and protect your rights. Contact us 24/7.
Virginia Law on Firearm Possession by Convicted Felons
Virginia law strictly prohibits any person who has been convicted of a felony from knowingly and intentionally possessing, transporting, or carrying any firearm or ammunition. This offense is codified under Va. Code § 18.2-308.2. The statute applies regardless of where the prior felony conviction occurred, as long as it would be considered a felony under Virginia law. The charge is not limited to handguns; it includes any firearm, including rifles and shotguns.
Last verified: April 2026 | Fredericksburg General District Court | Virginia General Assembly
Official Legal Resources
- Va. Code § 18.2-308.2 (official Virginia General Assembly)
- Fredericksburg General District Court Website
Local Court Process for Firearm Charges in Fredericksburg
Firearm by felon charges in Fredericksburg originate with an arrest and are prosecuted by the Commonwealth’s Attorney. The case begins in Fredericksburg General District Court for a preliminary hearing to determine probable cause. Given the severity of the charge and mandatory minimum sentences, the prosecution typically presents a strong initial case. A skilled firearms defense lawyer will scrutinize every aspect of the arrest, search, and evidence chain.
- Arrest and Initial Appearance: You will be taken before a magistrate for a bond hearing. Given the nature of the charge, securing release may be challenging without legal representation arguing for personal recognizance or a reasonable secured bond.
- Preliminary Hearing: Your case will be scheduled for a preliminary hearing in Fredericksburg General District Court. Your gun charges lawyer will cross-examine the arresting officer to test the strength of the evidence and argue for a reduction or dismissal.
- Circuit Court Arraignment: If the judge finds probable cause, the case is certified to the Fredericksburg Circuit Court for felony proceedings. You will be formally arraigned and enter a plea.
- Pre-Trial Motions and Negotiations: Your attorney will file motions to suppress evidence if constitutional violations occurred. Simultaneously, they will engage in negotiations with the prosecutor, potentially seeking a reduction to a misdemeanor or exploring diversion programs if applicable.
- Trial or Resolution: If a favorable plea agreement cannot be reached, your case will proceed to a jury trial in Circuit Court, where your attorney will present a full defense.
Potential Penalties for a Firearm By Felon Conviction
In Fredericksburg, possession of a firearm by a convicted felon is a Class 6 felony carrying a mandatory minimum sentence of 2 years imprisonment, with a maximum of 5 years.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Firearm by Convicted Felon (Va. Code § 18.2-308.2) | Class 6 Felony | Mandatory minimum 2 years; Maximum 5 years | Up to $2,500 | Loss of firearm rights permanently; potential impact on professional licenses | Permanent felony record; loss of voting rights while incarcerated; ineligibility for certain public benefits and housing |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Firearm Charge Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes over 4,739 documented case results. Our weapons attorney team understands the high stakes of felony firearm charges and the specific procedures of Fredericksburg courts. We build defenses focused on challenging the legality of searches, the chain of custody of evidence, and the knowledge element required for conviction.
Case Results and Client Advocacy
While specific firearm by felon case results cannot be guaranteed, our approach is grounded in thorough investigation and aggressive advocacy. Our firearms defense lawyer team, including experienced attorney Kristen M. Fisher, meticulously reviews all police reports, witness statements, and forensic evidence to identify weaknesses in the prosecution’s case. We explore all avenues, from pre-trial motions to suppress illegally obtained evidence to negotiating for reduced charges that avoid mandatory minimum sentences.
Results may vary. Prior results do not aim for a similar outcome.
Fredericksburg Firearm By Felon Lawyer Near Me
Our Fairfax location serves clients facing charges at the Fredericksburg General District Court (701 Princess Anne St, Suite 200), accessible via I-95 and Route 1. We provide legal representation to individuals throughout the Fredericksburg community.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
What is the penalty for a misdemeanor in Fredericksburg, Virginia?
A Class 1 misdemeanor in Fredericksburg 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 Fredericksburg General District Court.
Can criminal charges be expunged in Fredericksburg, Virginia?
It depends. 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 Fredericksburg Circuit Court. First-offense marijuana possession may qualify through deferred disposition.
How does bail work in Fredericksburg, Virginia?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors in Fredericksburg. Secured bond (bail bondsman charges ~10%) is typical for felonies. Bond can be appealed to Fredericksburg General District Court.
Do I need a criminal defense lawyer in Fredericksburg, Virginia?
Yes. Criminal charges in Fredericksburg are prosecuted by the Commonwealth’s Attorney. Even misdemeanors carry up to 12 months jail and create a permanent criminal record visible to employers. A gun charges lawyer can protect your rights and work toward a favorable outcome.
What is the difference between GDC and Circuit Court in Fredericksburg?
Fredericksburg General District Court handles misdemeanor trials and felony preliminary hearings. Fredericksburg 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.
Internal Resources
- Virginia Criminal Defense Lawyer Hub
- Criminal Defense Lawyer in Fairfax, VA
- DUI/DWI Lawyer in Fredericksburg, VA
Page last verified and updated: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.