Accomack VA Certain Persons Not To Have Weapons Lawyer — What Are Your Defense Options?
A charge under Virginia’s “Certain Persons Not To Have Weapons” statute (Va. Code § 18.2-308.2) is a serious felony in Accomack County, carrying a mandatory minimum prison sentence. This law prohibits individuals with specific prior convictions from possessing firearms. If you are charged, securing an experienced Accomack VA Certain Persons Not To Have Weapons Lawyer is critical.
Virginia’s “Certain Persons” Law: Definition and Scope
Virginia Code § 18.2-308.2 makes it a felony for any person who has been convicted of a felony, or who is under age 29 and was adjudicated delinquent as a juvenile 14 or older for an offense that would be a felony if committed by an adult, to knowingly and intentionally possess or transport any firearm or ammunition for a firearm. The statute also covers individuals subject to certain protective orders. The prohibition is broad and applies regardless of how the firearm is obtained.
Last verified: April 2026 | Accomack County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the law, review Va. Code § 18.2-308.2 (official Virginia General Assembly). For local court procedures, visit the Accomack County Circuit Court website.
Local Court Process and Defense Strategy in Accomack
In Accomack County, a “Certain Persons” charge is typically initiated in General District Court. The prosecution must prove you knowingly possessed a firearm and that you have a qualifying prior conviction. An attorney will scrutinize the search, seizure, and identification of the firearm, and may challenge the validity of the predicate conviction. In Accomack County Circuit Court, where felonies are tried, negotiation for a reduced charge is often a primary focus to avoid mandatory minimums.
- Secure immediate legal representation before speaking to investigators.
- Your attorney will file for discovery to obtain all police reports and evidence.
- A motion to suppress evidence may be filed if the firearm was found through an unlawful search.
- Your lawyer will evaluate the predicate conviction for any possible defects or grounds for challenge.
- Negotiate with the Commonwealth’s Attorney for a potential reduction or alternative resolution.
- Prepare for trial in Accomack County Circuit Court if no acceptable plea agreement is reached.
Potential Penalties for a Conviction
In Accomack, a conviction under Va. Code § 18.2-308.2 is a Class 6 felony, punishable by a mandatory minimum of two years in prison, with a maximum of five years, and a fine up to $2,500.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Certain Persons Not To Have Weapons (First Offense) | Class 6 Felony | Mandatory 2-year minimum, up to 5 years | Up to $2,500 | Loss of firearm rights permanently | Felony record, loss of voting rights, difficulty securing employment/housing |
| Certain Persons Not To Have Weapons (Subsequent Offense) | Class 6 Felony | Mandatory 5-year minimum | Up to $2,500 | Loss of firearm rights permanently | Enhanced felony penalties |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide track record includes 4,739+ documented results with a 93%+ favorable outcome rate. We understand the severe implications of a felony weapons charge and provide focused, strategic defense.
Case Results and Client Advocacy
Our firm has a documented history of achieving favorable results in complex criminal cases across Virginia. While every case is unique, our approach is consistent: thorough investigation, aggressive challenge of the prosecution’s evidence, and relentless advocacy for our clients’ rights. For instance, our team, including attorney Kristen Fisher, a former Maryland prosecutor, has successfully negotiated dismissals and reductions in cases where evidence was questionable.
Results may vary. Prior results do not aim for a similar outcome.
Legal Help for Accomack County Residents
Our Richmond location serves Accomack County and surrounding communities. We are accessible for meetings by appointment. 24/7 phone consultations are available.
Law Offices Of SRIS, P.C.
Richmond Location
7400 Beaufont Springs Dr, Ste 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions (FAQs)
What does “Certain Persons Not To Have Weapons” mean in Virginia?
It is a felony law (Va. Code § 18.2-308.2) prohibiting individuals with felony convictions, or certain juvenile adjudications, from possessing any firearm or ammunition.
Can I get a plea deal on a “Certain Persons” charge?
It depends. While the charge carries mandatory prison time, an experienced lawyer may negotiate with the prosecutor to reduce the charge to a non-mandatory offense, such as a misdemeanor, or seek alternative sentencing based on case weaknesses.
What if the gun wasn’t mine?
This is a common defense. The prosecution must prove you “knowingly and intentionally” possessed it. If the firearm was in a common area, a car you didn’t own, or you were unaware of its presence, your attorney can argue you did not possess it.
How can a lawyer help with this charge?
A lawyer provides essential legal help by investigating the arrest, filing motions to suppress illegally obtained evidence, challenging the validity of the prior conviction, and negotiating with the prosecutor to seek the best possible outcome.
Should I talk to the police if I’m charged?
No. You have the right to remain silent. Politely decline to answer questions and request a lawyer immediately. Anything you say can be used to prove “knowing” possession.
Related Legal Information
If you need a Virginia criminal lawyer, explore our hub page. For defense in nearby areas, see our pages for Fairfax County criminal defense. Those in Accomack facing other charges may need a reckless driving lawyer or a criminal contempt lawyer.
Page Last verified: April 2026. Laws change. Contact the Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.