Albemarle VA Possession Of A Firearm By A Felon Lawyer — What Are Your Defense Options?
Possession of a firearm by a convicted felon in Albemarle County is a serious felony under Va. Code § 18.2-308.2, punishable by a mandatory minimum of two years in prison. As an Albemarle VA Possession Of A Firearm By A Felon Lawyer, Law Offices Of SRIS, P.C. provides a strong defense against these charges.
Virginia Law on Felons Possessing Firearms
Virginia law strictly prohibits any person convicted of a felony from knowingly possessing, transporting, or carrying any firearm. This law, codified in Va. Code § 18.2-308.2, applies regardless of how much time has passed since the felony conviction. The statute defines a “firearm” broadly, including any weapon designed to expel a projectile by an explosion. The charge hinges on the prosecution proving two key elements: that you have a prior felony conviction and that you were in possession of a firearm. An experienced Albemarle VA Possession Of A Firearm By A Felon Lawyer can scrutinize both elements for weaknesses.
Last verified: April 2026 | Albemarle County General District Court | Virginia General Assembly
Official Legal Resources
- Va. Code § 18.2-308.2 (official Virginia General Assembly)
- Albemarle County General District Court Website
Local Court Process for Firearm Charges in Albemarle County
Felony firearm possession charges in Albemarle County begin with an arrest and an initial appearance at the Albemarle County General District Court for a bond hearing and to set a date for a preliminary hearing. At the preliminary hearing, the Commonwealth must show probable cause that a crime was committed and that you committed it. If the judge finds probable cause, your case is certified to the Albemarle County Circuit Court for a jury trial. The Commonwealth’s Attorney for Albemarle County prosecutes these cases aggressively, often seeking the mandatory minimum sentence. A skilled Albemarle VA Possession Of A Firearm By A Felon Lawyer will immediately begin investigating the circumstances of the search, seizure, and your prior record.
- Arrest and Initial Appearance: You will be taken before a magistrate for a bond determination, then have an initial hearing in Albemarle County General District Court.
- Secure Legal Representation: Contact an Albemarle VA Possession Of A Firearm By A Felon Lawyer immediately. Your attorney will file for discovery to review all police reports, lab results, and evidence.
- Preliminary Hearing: Your lawyer will challenge the prosecution’s evidence at the preliminary hearing in General District Court, arguing against probable cause to have the charge dismissed or reduced.
- Circuit Court Proceedings: If the case proceeds, your attorney will file pre-trial motions in Albemarle County Circuit Court, potentially to suppress illegally obtained evidence, and prepare for plea negotiations or trial.
- Trial or Resolution: Your lawyer will advocate for the best possible outcome, whether through a favorable plea agreement that avoids mandatory time or by presenting a strong defense at a jury trial.
Penalties for Possession of a Firearm by a Felon in Virginia
In Albemarle County, possession of a firearm by a convicted felon is a Class 6 felony carrying a mandatory minimum sentence of two years in prison, with a maximum penalty of five years.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Possession of Firearm by Violent Felon | Class 6 Felony | Mandatory 2-year minimum; 1-5 years (or up to 12 months at jury discretion) | Up to $2,500 | Permanent loss of firearm rights; felony record |
| Possession of Firearm by Non-Violent Felon | Class 6 Felony | Mandatory 2-year minimum; 1-5 years (or up to 12 months at jury discretion) | Up to $2,500 | Permanent loss of firearm rights; felony record |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Albemarle County 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 result in Albemarle County: a charge of driving on a suspended license amended to a non-criminal traffic offense. Our team includes attorneys with direct experience in the local courts. For instance, Of Counsel attorney Bryan Block is a former Virginia State Trooper with 15 years of law enforcement experience, providing unique insight into the tactics used in firearm investigations.
Case Results & Client Advocacy
Our approach is focused on achieving the best possible result for each client. In Albemarle County, we have secured favorable outcomes, such as amending a criminal charge to a non-criminal violation. We examine every detail, from the legality of the traffic stop or search that led to the firearm discovery to the chain of custody of the evidence itself. A strong defense often involves challenging whether you actually possessed the firearm or if the police had a legal right to search you or your property in the first place.
Results may vary. Prior results do not aim for a similar outcome.
Local Service for Albemarle County Residents
Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Our Richmond location serves clients facing charges at the Albemarle County courts in Charlottesville. We are accessible via I-64 and Route 29. As an Albemarle VA Possession Of A Firearm By A Felon Lawyer near the University of Virginia and Downtown Charlottesville, we provide representation for residents of Charlottesville, Crozet, Earlysville, Ivy, and North Garden. We offer 24/7 phone consultations at (888) 437-7747. Meetings are by appointment only.
Frequently Asked Questions
What is the penalty for a misdemeanor in Albemarle County, Virginia?
A Class 1 misdemeanor in Albemarle County 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 are heard at Albemarle County General District Court (350 Park Street, Charlottesville, VA 22902).
Can criminal charges be expunged in Albemarle County, 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 Albemarle County Circuit Court. First-offense marijuana possession may qualify through deferred disposition.
Do I need a criminal defense lawyer in Albemarle County, Virginia?
Yes. Criminal charges in Albemarle County 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 drug crime attorney or other attorney can protect your rights from the start.
What is the difference between GDC and Circuit Court in Albemarle County?
Albemarle County General District Court handles misdemeanor trials and felony preliminary hearings. Albemarle County 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.
What should I do if I’m charged with a drug crime related to a firearm?
Contact a narcotics defense lawyer immediately. Combining drug charges with a firearm allegation significantly increases the potential penalties. A lawyer experienced as both a drug possession lawyer and an Albemarle VA Possession Of A Firearm By A Felon Lawyer can develop a unified defense strategy for all charges.
Are the penalties different if drugs are found with the firearm?
Yes. If you are charged with possession of a firearm while also in possession of a Schedule I or II controlled substance, such as cocaine or heroin, you face an additional mandatory minimum sentence of five years in prison, which must run consecutively to any other sentence.
Related Legal Resources
If you are facing other charges, our firm provides full defense. Learn more about our work as a Virginia criminal defense lawyer. For charges in nearby jurisdictions, see our pages for Henrico County criminal defense and Chesterfield County criminal defense. For other legal issues in Albemarle County, we also assist with DUI defense and family law matters.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.