Albemarle VA Possession Of A Firearm By A Prohibited Person Lawyer — What Are Your Defense Options?
Possession of a firearm by a prohibited person in Albemarle County is a serious felony under Va. Code § 18.2-308.2, carrying 1-5 years in prison. Law Offices Of SRIS, P.C. provides a strong defense for these charges. Our criminal attorney team includes former prosecutors and a former Virginia State Trooper who understand the local court system. We offer 24/7 phone consultations at (888) 437-7747.
Virginia Law on Possession of a Firearm by a Prohibited Person
In Virginia, it is illegal for certain individuals to possess, transport, or carry any firearm. This law, codified in Va. Code § 18.2-308.2, is strictly enforced in Albemarle County. A “prohibited person” includes anyone convicted of a felony, anyone subject to a protective order, anyone adjudicated legally incompetent or mentally incapacitated, and any person who is not a U.S. citizen or who has renounced U.S. citizenship. The law applies regardless of whether the firearm is operational.
Last verified: April 2026 | Albemarle County General District Court | Virginia General Assembly
Official Legal Resources
For the official statute, see Va. Code § 18.2-308.2 (official Virginia General Assembly). Court information for Albemarle County can be found at the Albemarle County General District Court website.
Local Court Process for Firearm Charges in Albemarle County
Firearm possession charges by a prohibited person are felonies. The case begins 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, the case is certified to the Albemarle County Circuit Court for a potential jury trial. The Commonwealth’s Attorney for Albemarle County prosecutes these cases aggressively.
- Arrest and Initial Appearance: You will be taken before a magistrate for a bond determination, then have an initial hearing at Albemarle County General District Court.
- Secure Representation: Contact a criminal court lawyer immediately. Your attorney can argue for bond and begin investigating the case.
- Preliminary Hearing: Your attorney will challenge the Commonwealth’s evidence at the preliminary hearing in General District Court.
- Circuit Court Proceedings: If the case is certified, your lawyer will file motions, negotiate with the prosecutor, and prepare for a potential jury trial in Circuit Court.
- Trial or Resolution: Your defense lawyer will either take the case to trial before a jury or work to secure a favorable plea agreement to reduce the charges or sentence.
Penalties for Possession of a Firearm by a Prohibited Person
In Albemarle County, possession of a firearm by a prohibited person is a Class 6 felony carrying a mandatory minimum of 1 year and a maximum of 5 years in prison, or at the jury’s discretion, up to 12 months in jail and a fine of up to $2,500.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Firearm by Prohibited Person (First Offense) | Class 6 Felony | 1-5 years (mandatory min. 1 year)* | Up to $2,500 | Loss of firearm rights permanently | Permanent felony record, difficulty finding employment and housing |
| Possession of Firearm by Prohibited Person (Subsequent Offense) | Class 5 Felony | Mandatory minimum 5 years | Up to $2,500 | Loss of firearm rights permanently | Enhanced penalties, longer prison term |
Results may vary. Prior results do not aim for a similar outcome.
*At the discretion of the jury, punishment for a Class 6 felony may be reduced to confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.
Our Experience with Firearm and Criminal Charges
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 where a charge was successfully amended to a lesser offense. Our defense team includes Bryan Block, a former Virginia State Trooper with 15 years of law enforcement experience who provides unique insight into police procedures and evidence challenges in firearm cases.
Case Results in Albemarle County
Our firm has documented results in Albemarle County. In one case, a charge of driving on a suspended license was amended to a non-criminal traffic offense, resulting in no criminal conviction for the client.
Results may vary. Prior results do not aim for a similar outcome.
Local Defense 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 | Local: (888) 437-7747
By appointment only.
Our Richmond location serves clients at the Albemarle County courts in Charlottesville, accessible via I-64 and Route 29. We are a possession of a firearm by a prohibited person lawyer near Charlottesville, Monticello, and the University of Virginia. We serve the Charlottesville area, Crozet, Earlysville, Ivy, and North Garden. We offer 24/7 phone consultations — (888) 437-7747 — meetings 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. Cases are heard at Albemarle County General District Court.
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.
How does bail work in Albemarle County, Virginia?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors. Secured bond (bail bondsman charges ~10%) is typical for felonies like firearm possession. Bond can be appealed to the General District Court.
Do I need a criminal defense lawyer in Albemarle County, Virginia?
Yes. Firearm charges are felonies prosecuted by the Commonwealth’s Attorney. Even a misdemeanor carries jail time and creates a permanent record. A criminal charges defense lawyer can protect your rights and work toward the best outcome.
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 a right to a jury trial in Circuit Court for any offense carrying jail time.
Related Practice Areas: If you are facing other charges, our firm also handles DUI defense in Albemarle County and reckless driving charges in Albemarle County.
Nearby Locations: We also assist clients in neighboring jurisdictions like Henrico County and Chesterfield County.
Virginia Criminal Defense: For more information on our statewide practice, visit our Virginia criminal defense lawyer hub page.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.