Felon In Possession Lawyer Bedford Virginia — Federal Firearms Defense
A federal Felon in Possession charge under 18 U.S.C. § 922(g) in Bedford County is a serious felony prosecuted by the U.S. Attorney’s Office, carrying up to 15 years in prison. Law Offices Of SRIS, P.C. provides defense for individuals facing these charges in the Western District of Virginia. Our team understands the complex federal procedures and mandatory minimum sentences involved.
Federal Statute for Felon in Possession Charges
The federal law prohibiting firearm possession by a convicted felon is 18 U.S.C. § 922(g)(1). This statute 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 is part of the Gun Control Act of 1968 and is a primary tool for federal prosecutors.
Last verified: April 2026 | Verify with lead attorney | Virginia Code
For a conviction, the government must prove beyond a reasonable doubt that (1) you were previously convicted of a felony, (2) you knowingly possessed a firearm or ammunition, and (3) the firearm or ammunition traveled in or affected interstate commerce. Even a single bullet can satisfy the interstate commerce element. Defending against these charges requires a criminal attorney with specific knowledge of federal court rules, sentencing guidelines, and potential constitutional challenges.
External Legal Resources
Understanding the law is critical. You can review the official federal statute at the U.S. Code (18 U.S.C. § 922). For local federal court procedures, visit the U.S. District Court for the Western District of Virginia website.
Bedford County Federal Court Process for Firearms Charges
Federal Felon in Possession cases in Bedford County typically fall under the jurisdiction of the U.S. District Court for the Western District of Virginia, often heard in the Roanoke or Lynchburg divisions. These cases begin with an investigation by federal agencies like the ATF or FBI, followed by an indictment from a grand jury. The process moves quickly under the Federal Speedy Trial Act.
- Initial Appearance & Arraignment: After arrest or indictment, you will appear before a federal magistrate judge, be informed of the charges, and enter a plea.
- Detention Hearing: The government may seek to detain you without bond. Your attorney can argue for pretrial release under specific conditions.
- Discovery & Motions: Your legal team will review all evidence and file pre-trial motions, which may challenge the legality of the search, seizure, or statement.
- Plea Negotiations: Most federal cases are resolved by plea agreement. Negotiations focus on the specific sentencing guideline range and any mandatory minimums.
- Sentencing Hearing: If convicted by plea or trial, a detailed sentencing hearing is held where the judge considers the guidelines, sentencing memorandums, and the 18 U.S.C. § 3553(a) factors.
Potential Penalties for a Federal Felon in Possession Conviction
In the Western District of Virginia, a conviction for being a felon in possession of a firearm under 18 U.S.C. § 922(g) carries a maximum penalty of 15 years in federal prison, significant fines, and up to 3 years of supervised release.
| Offense | Classification | Incarceration | Fine | Supervised Release | Additional Consequences |
|---|---|---|---|---|---|
| Felon in Possession (18 U.S.C. § 922(g)) | Federal Felony | Up to 15 years* | Up to $250,000 | Up to 3 years | Permanent loss of firearm rights, felony record, impact on voting rights, employment, and housing. |
*Sentence dictated by the U.S. Sentencing Guidelines and mandatory minimums may apply if you have 3+ prior violent felony or drug convictions (Armed Career Criminal Act – 18 U.S.C. § 924(e)), skilled to a minimum 15-year sentence.
Results may vary. Prior results do not aim for a similar outcome.
Our Firm’s Experience in Federal Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings a combined 120+ years of legal experience to complex federal cases. We approach federal criminal charges defense with a detailed understanding of the rules and strategies unique to the federal system. Our lead attorney for federal matters, Mr. Sris, has a background that provides a strategic advantage in cases involving complex evidence.
For federal cases in Bedford County, our team also includes Of Counsel attorney Matthew Greene, who brings over 30 years of experience, including former death penalty certification and extensive work on serious felony cases.
Local Access for Bedford County Federal Cases
Law Offices Of SRIS, P.C.
Shenandoah/Woodstock Location — Serving Bedford County
505 N Main St, Suite 103
Woodstock, VA 22664
Toll-Free: (888) 437-7747 | Local: (703) 636-5417 | Local: (540) 999-2000
By appointment only.
Our Shenandoah/Woodstock location serves clients with federal matters in Bedford County. We are accessible via major routes including I-81. We provide a criminal court lawyer near Bedford, Forest, Smith Mountain Lake, and Moneta. 24/7 phone consultations are available at (888) 437-7747 — meetings are by appointment only.
Federal Felon in Possession Defense FAQs
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 is 15 years. If prosecuted under state law (Va. Code § 18.2-308.2), it’s a Class 6 felony (1-5 years, or up to 12 months). Penalties increase with prior convictions under the Armed Career Criminal Act (ACCA).
Can a felon ever legally possess a firearm in Virginia?
No. Virginia law (Va. Code § 18.2-308.2) and federal law (18 U.S.C. § 922(g)) both permanently prohibit firearm possession by convicted felons, with very limited exceptions for restored civil rights and a governor’s pardon, which do not automatically restore firearm rights.
What is the main defense to a felon in possession charge?
Common defenses include challenging whether you actually “possessed” the firearm (constructive vs. actual possession), the legality of the search and seizure (Fourth Amendment), the validity of the prior felony conviction, or whether the item is legally considered a “firearm.” An experienced attorney will examine all angles.
How does federal court differ from Virginia state court?
Federal court has stricter procedures, different evidence rules, no parole, and uses the U.S. Sentencing Guidelines. Cases are investigated by federal agents and prosecuted by Assistant U.S. Attorneys. The process is generally longer and more complex than in state General District or Circuit Court.
Why do I need a lawyer for a federal firearms charge?
Federal charges carry severe penalties and a complex process. A criminal attorney with federal experience is essential to handle grand jury proceedings, challenge evidence, negotiate with prosecutors, and advocate at sentencing under the intricate guidelines to seek the best possible outcome.
Related Practice Areas: If you are facing other charges, see our Bedford County Criminal Defense Lawyer page or our Bedford County DUI Lawyer page.
More Locations: We also serve clients in nearby areas. Visit our Augusta County Federal Criminal Lawyer page.
State Hub: For more information on federal defense across Virginia, see our Virginia Federal Criminal Lawyer hub.
Page Last verified: April 2026. Federal laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance regarding your specific case.