Accomack VA Possession Of A Firearm By A Prohibited Person Lawyer — What Are Your Defense Options?
Possession of a firearm by a prohibited person in Accomack County is a serious felony under Va. Code § 18.2-308.2, punishable by a mandatory minimum of two years in prison. As your Accomack VA Possession Of A Firearm By A Prohibited Person Lawyer, Law Offices Of SRIS, P.C. provides a strong defense against these charges.
Understanding the Statute and Penalties
Virginia law strictly prohibits certain individuals from possessing, transporting, or carrying any firearm. This offense is codified under Va. Code § 18.2-308.2. A “prohibited person” includes individuals convicted of a felony, adjudicated delinquent as a juvenile for a felony offense, found legally incompetent or mentally incapacitated, or subject to a protective order. The law also covers non-violent felons and those convicted of certain misdemeanor crimes of domestic violence.
Last verified: April 2026 | Accomack County Circuit Court & District Courts | Virginia General Assembly
Official Legal Resources
For the official text of the law, refer to the Virginia Legislative Information System (Va. Code § 18.2-308.2). For local court procedures and information, visit the Accomack County Circuit Court website.
Local Court Process and Defense Strategy
Firearm possession charges in Accomack County are prosecuted aggressively. These cases typically originate in the Accomack County General District Court for preliminary hearings before potentially moving to Circuit Court for trial. A key local procedural fact is that the Commonwealth must prove you knowingly and intentionally possessed the firearm. Your criminal attorney can challenge the evidence of possession, the legality of any search, and whether you fall under a statutory exception.
- Initial Consultation: Contact a criminal court lawyer immediately after arrest or charge.
- Case Review: Your attorney will obtain discovery, review police reports, and examine the evidence against you.
- Motion Practice: File pre-trial motions to suppress evidence obtained through an unlawful search or seizure.
- Negotiation or Trial: Work toward a favorable plea agreement or prepare a vigorous trial defense to the criminal charges.
- Sentencing: If convicted, advocate for a sentence below the mandatory minimum, if possible, based on mitigating factors.
Potential Penalties for Firearm Possession by a Prohibited Person
In Accomack, possession of a firearm by a convicted felon is a Class 6 felony carrying a mandatory minimum two-year prison term and potential loss of other civil rights.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| First Offense (Felon) | Class 6 Felony | Mandatory min. 2 years, up to 5 years | Up to $2,500 | Permanent loss of firearm rights, felony record |
| Subsequent Offense | Class 6 Felony | Mandatory min. 5 years | Up to $2,500 | Enhanced penalties, longer prison term |
| While Subject to Protective Order | Class 6 Felony | Mandatory min. 6 months (may run consecutively) | Up to $2,500 | Contempt of court, additional charges |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Accomack County
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 serious nature of firearm charges and the specific dynamics of Accomack County courtrooms. Our approach is grounded in thorough case preparation and aggressive advocacy.
Case Results and Client Advocacy
Our firm has a documented record of achieving favorable outcomes for clients facing serious charges. While every case is unique, our defense strategies are designed to protect your rights and future. We have successfully challenged the prosecution’s evidence in firearm possession cases, skilled to reduced charges or case dismissals where the search or arrest was unlawful.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Accomack County Firearm Defense Team
If you are facing charges for possession of a firearm by a prohibited person in Accomack, immediate action is crucial. Our Accomack VA Possession Of A Firearm By A Prohibited Person Lawyer is ready to defend you.
Law Offices Of SRIS, P.C.
By appointment only.
24/7 phone consultations — (888) 437-7747
Serving Accomack, Northampton, and surrounding Eastern Shore communities.
Frequently Asked Questions (FAQs)
What makes someone a “prohibited person” in Virginia?
It depends. The category includes convicted felons, individuals adjudicated delinquent for a felony as a juvenile, those found mentally incompetent, persons subject to certain protective orders, and individuals convicted of specific misdemeanor domestic violence crimes. A criminal attorney can review your record to determine your status.
Can I get a firearm charge reduced to a misdemeanor?
It depends. While the base charge is a felony, a skilled defense lawyer may negotiate a reduction to a misdemeanor unlawful possession charge under certain circumstances, such as when the firearm was not operational or the evidence of intent is weak. This is a critical area for negotiation.
What is the first thing I should do if charged?
Do not speak to law enforcement without an attorney. Contact a criminal court lawyer immediately. Your statements can be used against you, and an attorney can protect your rights from the very beginning of your case.
Is there a mandatory minimum sentence?
Yes. For a convicted felon, the mandatory minimum is two years in prison for a first offense and five years for a subsequent offense. These are prison sentences that cannot be suspended, making a strong defense against the criminal charges essential.
Can I ever restore my right to own a firearm?
It depends. For some non-violent felons, Virginia law provides a process for restoring firearm rights through a petition to the Circuit Court or by obtaining a Governor’s pardon. An attorney can advise if you are eligible for this complex process.
Related Pages: If you are facing other serious charges, learn about our Virginia Felony Defense Lawyer services or our work as a Virginia Criminal Defense Lawyer. For help in a neighboring area, see our Northampton VA Criminal Defense Lawyer page.
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your specific situation.