Felon In Possession Lawyer in Botetourt County, Virginia
A felon in possession of a firearm charge in Botetourt County is a serious federal offense under 18 U.S.C. § 922(g)(1) with penalties up to 10 years in prison. Law Offices Of SRIS, P.C. provides defense for these cases in the Western District of Virginia. Our team includes former prosecutors with deep knowledge of federal court procedures. We offer 24/7 phone consultations at (888) 437-7747.
Federal Law on Felon in Possession
Federal law, specifically 18 U.S.C. § 922(g)(1), makes it unlawful for any person who has been convicted of a crime punishable by imprisonment for a term exceeding one year to possess any firearm or ammunition. This statute is the primary tool for federal prosecutors in Botetourt County, which falls under the jurisdiction of the U.S. District Court for the Western District of Virginia. The law defines “possession” broadly, including both actual physical possession and constructive possession, where an individual has the power and intention to exercise control over the firearm.
Last verified: April 2026 | U.S. District Court for the Western District of Virginia | Virginia General Assembly
Official Legal Resources
For the exact statutory language, refer to the U.S. Code § 922 (Cornell Legal Information Institute). For local federal court procedures and rules, visit the official website of the U.S. District Court for the Western District of Virginia.
Defending a Federal Firearms Charge in Botetourt County
Federal firearms charges are prosecuted by the U.S. Attorney’s Office for the Western District of Virginia. Investigations are typically conducted by the ATF, FBI, or local police working with federal agents. A strong defense requires challenging the elements of the crime: the prior felony conviction, the defendant’s knowledge of their status, and the possession of a firearm that has traveled in interstate commerce.
- Initial Appearance & Detention Hearing: After arrest, you will appear before a federal magistrate judge. Your lawyer will argue for your release on bond.
- Arraignment: You will be formally charged via indictment or information and enter a plea of not guilty.
- Discovery & Investigation: Your defense lawyer will review all evidence, including search warrants, forensic reports, and witness statements, to identify weaknesses in the prosecution’s case.
- Pre-Trial Motions: Your attorney may file motions to suppress evidence obtained through an illegal search or to challenge the validity of the prior conviction.
- Plea Negotiations or Trial: Most federal cases are resolved by plea agreement. If not, your case proceeds to a jury trial in Roanoke.
- Sentencing: If convicted, sentencing follows federal guidelines, which consider criminal history and specific offense characteristics.
Potential Penalties for a Federal Conviction
In Botetourt County, a federal conviction for felon in possession under 18 U.S.C. § 922(g) carries a maximum penalty of 10 years in federal prison, but enhanced penalties can apply.
| Offense | Classification | Incarceration | Fine | Supervised Release | Additional Consequences |
|---|---|---|---|---|---|
| Felon in Possession (18 U.S.C. § 922(g)) | Federal Felony | Up to 10 years | Up to $250,000 | Up to 3 years | Permanent loss of firearm rights, felony record, impact on employment/housing |
| Armed Career Criminal Act (ACCA) Enhancement | Federal Felony | Mandatory Minimum 15 years to Life | Up to $250,000 | Up to 5 years | Applies with 3+ prior violent felony or serious drug offense convictions |
Results may vary. Prior results do not aim for a similar outcome.
Our Firm’s Experience in Federal Court
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 complex federal criminal charges defense. We understand the high stakes of federal prosecutions and the distinct procedures of the Western District of Virginia. Our approach involves meticulous case analysis and strategic planning from the initial investigation through to trial or sentencing.
Case Results & Client Advocacy
Our firm has a documented record of favorable outcomes in complex cases. For instance, Matthew Greene, an attorney with over 30 years of experience and former death penalty certification, brings immense trial experience to the defense team. His background includes a 14-year contract with Child Protective Services in Alexandria, providing him with unique insights into cases that intersect with other agencies. We fight to protect your rights and future.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Botetourt County Federal Defense Lawyers
Our Shenandoah/Woodstock location serves clients facing federal charges in Botetourt County. We are accessible via I-81 and represent individuals in Fincastle, Daleville, Troutville, Blue Ridge, and Eagle Rock.
Law Offices Of SRIS, P.C.
Shenandoah/Woodstock Location — 505 N Main St, Suite 103, Woodstock, VA 22664
Toll-Free: (888) 437-7747 | Local: (540) 535-0015
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
FAQs: Felon in Possession Charges in Botetourt County
Is felon in possession a state or federal charge in Virginia?
It can be both. Virginia has its own state law (Va. Code § 18.2-308.2), but it is commonly prosecuted federally, especially when the firearm has a connection to interstate commerce. Federal charges typically carry longer sentences.
What does the government have to prove for a federal conviction?
The prosecution must prove: (1) You were previously convicted of a felony, (2) You knowingly possessed a firearm or ammunition, and (3) The firearm traveled in or affected interstate commerce. A skilled criminal court lawyer challenges each element.
Can I get my gun rights restored after a felony conviction?
It depends. Federal law generally imposes a lifetime ban. Restoration of rights under Virginia law does not override the federal prohibition. In rare cases, a presidential pardon or relief from federal disabilities may be possible, but it is extremely difficult.
What is the “interstate commerce” element?
This is a legal requirement for federal jurisdiction. The government only needs to show the firearm was manufactured outside Virginia or its components crossed state lines. This is almost always easy for prosecutors to prove, making most cases eligible for federal charges.
Should I speak to federal agents if they contact me?
No. You have the right to remain silent and the right to an attorney. Politely decline to answer questions and immediately contact a lawyer. Anything you say can be used against you.
Internal Resources
For more information, visit our Virginia Federal Criminal Defense hub page. We also assist with related matters like DUI defense in Botetourt County. If you are facing charges in a neighboring area, our federal criminal lawyers in Augusta County can help.
Page last verified and updated: April 2026. Federal laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your specific situation.