Criminal Possession Of A Weapon Lawyer Albemarle VA — What Are Your Defense Options?
Criminal possession of a weapon in Albemarle County is a serious offense under Va. Code § 18.2-308, carrying felony penalties. Law Offices Of SRIS, P.C. has 1 documented result in Albemarle County. If you are charged, you need a strong defense. Our criminal possession of a weapon lawyer Albemarle VA provides full representation. Contact us 24/7.
Virginia Law on Weapon Possession
Virginia law strictly regulates firearm and weapon possession. The primary statute is Va. Code § 18.2-308, which prohibits certain individuals from possessing firearms. This includes convicted felons, individuals adjudicated mentally incompetent, and those subject to protective orders. Possession can be actual (on your person) or constructive (within your dominion and control, like in a vehicle). A conviction is a Class 6 felony, punishable by 1 to 5 years in prison, or up to 12 months in jail and a fine up to $2,500. Other charges like carrying a concealed weapon without a permit (§ 18.2-308) or brandishing a firearm (§ 18.2-282) are separate misdemeanors. The Commonwealth’s Attorney for Albemarle County prosecutes these cases at the Albemarle County General District Court for preliminary hearings, with trials held in Albemarle County Circuit Court.
Last verified: April 2026 | Albemarle County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s weapon laws, refer to the Va. Code § 18.2-308 (official Virginia General Assembly website). Court procedures and local rules for Albemarle County can be found on the Albemarle County General District Court website.
Local Court Process for Weapons Charges in Albemarle
Weapons charges in Albemarle County follow a specific path. The case begins with an arrest or summons. Your first appearance is an arraignment at Albemarle County General District Court (350 Park Street, Charlottesville), where you enter a plea. For felony charges, a preliminary hearing is held in GDC to determine probable cause. If bound over, the case proceeds to Albemarle County Circuit Court for indictment and trial. Prosecutors in this jurisdiction take weapons charges seriously, especially those involving prior records or other alleged criminal activity. Early intervention by a skilled criminal possession of a weapon lawyer Albemarle VA is critical to challenge the initial evidence and negotiate before formal charges are solidified.
- Secure representation immediately after arrest or receiving a summons.
- Your attorney will review the arrest report and evidence for constitutional violations.
- Attend the arraignment in Albemarle County General District Court to enter a plea.
- For felonies, prepare for and attend the preliminary hearing to challenge probable cause.
- If the case proceeds to Circuit Court, your lawyer will file pre-trial motions and prepare for trial or negotiation.
Potential Penalties for Weapon Crimes
In Albemarle County, criminal possession of a weapon by a convicted felon is a Class 6 felony carrying 1-5 years in prison, or up to 12 months in jail and a $2,500 fine.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession by Convicted Felon (Va. Code § 18.2-308.2) | Class 6 Felony | 1-5 years (or up to 12 months) | Up to $2,500 | Loss of firearm rights permanently | Felony record, difficulty finding employment/housing |
| Carrying Concealed Weapon w/o Permit | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Potential loss of permit eligibility | Misdemeanor record |
| Brandishing a Firearm | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Misdemeanor record |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Albemarle County
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 was amended to a non-criminal traffic offense. While this is a traffic result, it demonstrates our active work and understanding of the local court system. Our team includes former prosecutors and a former Virginia State Trooper, providing insight into how these cases are built and how to challenge them effectively.
Case Results in Albemarle County Courts
Our attorneys work to achieve the best possible outcome in every case. In Albemarle County, we have documented a result where a client facing a charge of driving on a suspended license (Va. Code § 46.2-301) saw the charge amended to a non-criminal traffic offense. Mr. Sris, the firm’s founder and a former prosecutor with a background in accounting, provides strategic oversight on complex cases. While results vary, our focus is on protecting your rights and future.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Albemarle County Weapons Defense Lawyers
Our Richmond location serves clients in Albemarle County, including the Charlottesville area, Crozet, Earlysville, Ivy, and North Garden. We are accessible via I-64 and Route 29. If you need a criminal possession of a weapon lawyer Albemarle VA trusts, contact us for a near-me consultation.
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
Meetings by appointment only. 24/7 phone consultations available.
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).
Can criminal charges be expunged in Albemarle County, Virginia?
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.
How does bail work in Albemarle County, Virginia?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors in Albemarle County. Secured bond (bail bondsman charges ~10%) is typical for felonies. Bond can be appealed to Albemarle County General District Court.
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 possession lawyer or weapons 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.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Related Pages: For broader defense, see our Virginia criminal defense lawyer hub. For related charges in nearby areas, consult a criminal defense lawyer in Henrico County. If you are also facing drug allegations, a drug possession lawyer in Albemarle can address those specific issues. A skilled narcotics defense lawyer understands how to handle cases involving both weapons and controlled substances.