Felon In Possession Lawyer in Fairfax County, Virginia
A federal charge for being a felon in possession of a firearm under 18 U.S.C. § 922(g) in Fairfax County carries a mandatory minimum sentence and is prosecuted by the U.S. Attorney’s Office for the Eastern District of Virginia. Law Offices Of SRIS, P.C. provides defense for this serious federal offense.
Federal Law on Felon in Possession Charges
The federal statute prohibiting firearm possession by a convicted felon is 18 U.S.C. § 922(g)(1). This law makes it unlawful for any person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year to ship, transport, possess, or receive any firearm or ammunition. The law applies regardless of whether the underlying felony was a state or federal conviction.
Last verified: April 2026 | U.S. District Court for the Eastern District of Virginia | Virginia General Assembly
Official Legal Resources
For the full text of the federal statute, see 18 U.S.C. § 922 (Cornell Legal Information Institute). For information on the local federal court handling these cases, visit the U.S. District Court for the Eastern District of Virginia website.
Local Federal Court Process for Firearm Charges
Felon in possession cases in Fairfax County are prosecuted federally, not in state court. The U.S. Attorney’s Office for the Eastern District of Virginia (Alexandria Division) handles these cases. Investigations are typically conducted by the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) or FBI. A key local procedural fact is that these cases often involve federal grand jury indictments and are subject to the Federal Sentencing Guidelines, which can impose severe penalties even for first-time federal offenders.
- Investigation & Arrest: Federal agents (ATF/FBI) conduct an investigation, which may lead to an arrest or a summons to appear in federal court.
- Initial Appearance & Detention Hearing: You will appear before a U.S. Magistrate Judge for an initial hearing. The court will determine if you will be released on bond or detained pending trial.
- Indictment & Arraignment: A federal grand jury issues an indictment. You are formally arraigned, enter a plea, and receive a trial date.
- Discovery & Motions: Your defense lawyer reviews all evidence (discovery) and files pre-trial motions, which may challenge the legality of the search, seizure, or your statements.
- Plea Negotiations or Trial: Most federal cases are resolved by plea agreement. If no agreement is reached, the case proceeds to a jury trial in U.S. District Court.
- Sentencing: If convicted, sentencing follows under the advisory U.S. Sentencing Guidelines, which consider criminal history and specific offense characteristics.
Potential Penalties for a Federal Conviction
In Fairfax County, a federal conviction for being a felon in possession of a firearm under 18 U.S.C. § 922(g) carries a maximum penalty of 10 years in federal prison, but penalties increase significantly with prior convictions or other aggravating factors.
| Offense | Classification | Incarceration | Fine | Supervised Release | Additional Consequences |
|---|---|---|---|---|---|
| Felon in Possession of Firearm (18 U.S.C. § 922(g)) | Federal Felony | Up to 10 years; 15-year mandatory min. if 3+ prior violent felonies/drug crimes (Armed Career Criminal Act) | Up to $250,000 | Up to 3 years | Permanent loss of firearm rights; felony record; impact on employment/housing |
Results may vary. Prior results do not aim for a similar outcome.
Our Firm’s Experience in Federal Court
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings a combined 120+ years of legal experience to every case. We understand the high stakes of federal criminal charges and the distinct procedures of the federal system. Our approach is grounded in thorough case investigation and strategic motion practice.
Case Results & Client Advocacy
Our defense team works to protect your rights from the initial investigation through trial or sentencing. We scrutinize the government’s evidence, including how the firearm was found and whether your constitutional rights were violated. In federal court, having a defense lawyer who understands the nuances of the Sentencing Guidelines is critical. Our secondary attorney on federal matters, Matthew Greene, brings over 30 years of experience, including former certification for death penalty cases and a 14-year contract with Child Protective Services in Alexandria, providing deep insight into complex case strategy.
Results may vary. Prior results do not aim for a similar outcome.
Fairfax County Federal Criminal Defense Lawyer Near You
Our Fairfax location serves clients facing federal charges at the U.S. District Court for the Eastern District of Virginia. We are accessible to communities including Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
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 felon in possession charge in Virginia?
It depends. If prosecuted federally under 18 U.S.C. § 922(g), the maximum penalty is 10 years in prison and a $250,000 fine. State charges under Va. Code § 18.2-308.2 carry a mandatory minimum of 2 years. Penalties increase sharply with prior convictions under the Armed Career Criminal Act.
Can a felon ever legally possess a firearm again?
In most cases, no. Federal law and Virginia state law impose a lifetime ban on firearm possession by convicted felons. Restoration of rights is extremely rare and typically requires a gubernatorial pardon or specific court order, which is not granted for federal firearm convictions.
What defenses are available for a felon in possession charge?
Common defenses include challenging the legality of the search that found the firearm (Fourth Amendment), proving you were not in possession, arguing the firearm was not operational, or contesting the validity of the prior felony conviction. A skilled criminal attorney can evaluate all possible defenses.
How does federal court differ from state court for gun charges?
Federal court involves different procedures, rules of evidence, and sentencing guidelines. Cases are prosecuted by U.S. Attorneys, investigated by federal agencies, and there is no parole in the federal system. Having a defense lawyer experienced in federal practice is crucial.
Do I need a lawyer for a felon in possession charge?
Yes. The consequences of a conviction are severe and long-lasting. A criminal court lawyer can protect your rights, challenge the evidence, negotiate with prosecutors, and advocate for you at sentencing. The complexity of federal law makes professional representation essential.
Internal Links: For more on Virginia criminal defense, see our hub page. If you are in a neighboring area, consider our federal criminal lawyer in Arlington County. For related legal issues in Fairfax, see our page on DUI defense.
Last verified: April 2026. Information current as of 2026-02-20. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Fairfax County cases are handled by our Virginia felon in possession practice, where the whole process is set out.