A firearm by felon charge in Lexington, Virginia, 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. provides a strong defense for these charges.
Virginia Law on Firearm Possession by a Convicted Felon
Virginia law strictly prohibits any person who has been convicted of a felony from knowingly possessing, transporting, or carrying any firearm. This statute, Va. Code § 18.2-308.2, is a Class 6 felony, but carries a mandatory minimum sentence of two years in prison upon conviction. The law applies regardless of how much time has passed since the felony conviction. A skilled firearms defense lawyer can examine whether the prosecution can prove you knowingly possessed the firearm and whether your prior conviction qualifies under the statute.
Last verified: April 2026 | Lexington General District Court | Virginia General Assembly
Official Legal Resources
For the exact language of the law, refer to the Va. Code § 18.2-308.2 (official Virginia General Assembly). Court procedures and forms for Lexington can be found at the Lexington General District Court website.
Defending a Firearm Charge in Lexington
In Lexington General District Court, prosecutors must prove you are a convicted felon and that you knowingly possessed a firearm. A key local procedural fact is that the court handles the preliminary hearing for this felony charge, while any trial would be in Lexington Circuit Court. A weapon offense defense often focuses on challenging the legality of the search that found the firearm or arguing a lack of knowledge or control over the weapon. For instance, if the firearm was found in a car you were riding in but did not own, your gun charges lawyer could argue you did not possess it.
- Secure immediate legal representation after arrest or charge.
- Your attorney will file for discovery to obtain all police reports and evidence.
- A motion to suppress evidence may be filed if the search or seizure was unlawful.
- Your lawyer will negotiate with the Commonwealth’s Attorney, potentially for a reduced charge.
- If no plea agreement is reached, your case will proceed to a preliminary hearing in GDC, then potentially to a jury trial in Circuit Court.
Potential Penalties for a Firearm by Felon Conviction
In Lexington, a firearm by felon conviction under Va. Code § 18.2-308.2 is a Class 6 felony with a mandatory minimum of 2 years in prison.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Firearm Possession by Convicted Felon | Class 6 Felony | Mandatory minimum 2 years; up to 5 years | Up to $2,500 | Loss of firearm rights permanently; loss of voting rights while incarcerated | Permanent felony record; difficulty finding employment and housing |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Lexington Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. We have a documented record of achieving favorable outcomes for clients facing serious charges. Our approach involves a detailed review of the prosecution’s evidence to identify weaknesses and build a strong defense strategy case-specific to the Lexington courts.
Case Results and Client Advocacy
Our firm has a documented record of achieving favorable outcomes for clients across Virginia. While specific results depend on the unique facts of each case, our attorneys work diligently to protect our clients’ rights and futures. Mr. Sris, the firm’s founder, provides strategic oversight on complex cases, collaborating with experienced attorneys like Bryan Block.
Results may vary. Prior results do not aim for a similar outcome.
Lexington VA Firearm By Felon Lawyer Near You
Our Richmond location serves clients at the Lexington courts (2 South Main Street). We are accessible via I-81 and I-64. We serve the Lexington community and surrounding areas. 24/7 phone consultations — (888) 437-7747 | Local: (804)201-9009 — meetings by appointment only.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Suite 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804) 201-9009
By appointment only.
Frequently Asked Questions
What is the penalty for a misdemeanor in Lexington, Virginia?
A Class 1 misdemeanor in Lexington 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 Lexington General District Court (2 South Main Street, Lexington, VA 24450). 14 total documented case results across all practice areas (100% favorable outcome rate).
Can criminal charges be expunged in Lexington, 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 Lexington Circuit Court. First-offense marijuana possession may qualify through deferred disposition. 14 total documented case results across all practice areas (100% favorable outcome rate).
How does bail work in Lexington, Virginia?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors in Lexington. Secured bond (bail bondsman charges ~10%) is typical for felonies. Bond can be appealed to Lexington General District Court. Bond amount set by magistrate at arrest — personal recognizance for many first-offense misdemeanors; secured bond typical for felonies (bail bondsman charges approximately 10%); public defender eligibility based on income; court-appointed attorney fee: $120 (misdemeanor) to $445+ (felony).
Do I need a criminal defense lawyer in Lexington, Virginia?
Criminal charges in Lexington are prosecuted by the Commonwealth’s Attorney and heard at Lexington General District Court (2 South Main Street, Lexington, VA 24450). Even misdemeanors carry up to 12 months jail and create a permanent criminal record visible to employers. 14 total documented case results across all practice areas (100% favorable outcome rate) Contact SRIS 24/7 at (888) 437-7747 for a Consultation by appointment.
What is the difference between GDC and Circuit Court in Lexington?
Lexington General District Court handles misdemeanor trials and felony preliminary hearings. Lexington 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. Lexington General District Court (2 South Main Street, Lexington, VA 24450) is the GDC location.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
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