Felon In Possession Lawyer Clarke Virginia — Federal Firearms Defense
A federal felon in possession charge in Clarke County, Virginia, under 18 U.S.C. § 922(g) carries a mandatory minimum of 15 years if you have three prior violent felony convictions. Law Offices Of SRIS, P.C. provides defense for these serious federal charges. Our team, led by former prosecutor Mr.
Last verified: April 2026 | Clarke County General District Court | Virginia General Assembly
Federal Felon in Possession Statute in Virginia
Federal law, specifically 18 U.S.C. § 922(g), prohibits any person who has been convicted of a crime punishable by imprisonment for a term exceeding one year from possessing any firearm or ammunition. This statute is the primary tool for federal prosecutors in Clarke County and across the Western District of Virginia (WDVA). A conviction is a federal felony with severe penalties, including a potential 10-year maximum sentence and a mandatory 15-year minimum under the Armed Career Criminal Act (ACCA) for those with qualifying prior convictions. The law defines “possession” broadly, including both actual and constructive possession, meaning the firearm was within your control or dominion.
Official Legal Resources
For the full text of the federal statute, see 18 U.S.C. § 922(g) (Cornell Legal Information Institute). For local federal court procedures, visit the U.S. District Court for the Western District of Virginia website.
- Initial Federal Charges: You will be charged by indictment from a federal grand jury. Your first appearance will be in U.S. District Court.
- Detention Hearing: The government will likely seek to detain you without bond. Your criminal attorney must argue for pretrial release.
- Discovery & Motions: Your defense lawyer will review all evidence, including forensic reports and agent notes, and file motions to suppress evidence if constitutional violations occurred.
- Plea Negotiations: Most federal cases resolve by plea. Negotiations focus on the sentencing guidelines range and potential reductions.
- Sentencing: If convicted, sentencing follows the U.S. Sentencing Guidelines, with the judge having final discretion within statutory limits.
In Clarke County, a federal felon in possession conviction under 18 U.S.C. § 922(g) carries up to 10 years in federal prison, with a 15-year mandatory minimum if the Armed Career Criminal Act applies.
| Offense | Classification | Incarceration | Fine | Supervised Release |
|---|---|---|---|---|
| Felon in Possession (18 U.S.C. § 922(g)) | Federal Felony | Up to 10 years; 15-year mandatory min. under ACCA | Up to $250,000 | Up to 3 years post-release |
Results may vary. Prior results do not aim for a similar outcome.
Federal Firearms Defense Experience
Law Offices Of SRIS, P.C., founded in 1997, handles complex federal criminal defense. Our approach to a felon in possession case involves a detailed review of the indictment, the firearm’s provenance, and the legality of the search and seizure. We examine whether your prior conviction truly qualifies under the statute and challenge any application of sentencing enhancements. Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on these high-stakes federal matters.
Case Results & Client Defense
Our firm-wide record includes documented results across federal and state courts. In federal cases, defense strategies often involve challenging the sufficiency of the indictment, moving to suppress evidence obtained in violation of the Fourth Amendment, and negotiating for sentences below the guideline range. For a felon in possession charge, a skilled criminal court lawyer will scrutinize whether the government can prove you knowingly possessed the firearm and that your prior conviction meets the federal definition.
Results may vary. Prior results do not aim for a similar outcome.
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: (703) 636-5417
By appointment only.
Our Richmond location serves clients facing federal charges in Clarke County. We are accessible for those in Berryville and Boyce. As a federal criminal defense lawyer near Clarke County, we offer 24/7 phone consultations at (888) 437-7747. Meetings are by appointment only.
Felon In Possession Lawyer Clarke Virginia FAQ
What is the penalty for a felon in possession charge in Virginia?
It is a federal felony under 18 U.S.C. § 922(g), with up to 10 years in prison. A mandatory 15-year minimum applies under the Armed Career Criminal Act if you have three prior violent felony or serious drug offense convictions.
Can a felon in possession charge be dropped?
It depends. A defense lawyer may get charges reduced or dismissed by proving the search was illegal, the firearm wasn’t yours, or your prior conviction doesn’t qualify. Early intervention is key to building a strong defense against these criminal charges.
Do I need a lawyer for a federal firearms charge?
Yes. Federal procedures and sentencing guidelines are complex. A criminal attorney with federal experience is essential to protect your rights, challenge evidence, and negotiate with the U.S. Attorney’s Office.
What court handles felon in possession cases in Clarke County?
These are federal crimes prosecuted in the U.S. District Court for the Western District of Virginia. The local Clarke County General District Court does not handle these cases, but federal agents may work with local police during investigations.
What is the best defense to a felon in possession charge?
Common defenses include challenging the legality of the search (Fourth Amendment), arguing you did not knowingly possess the firearm, or proving your civil rights were restored, making the prior conviction inapplicable under § 922(g).
For more information, see our Virginia Federal Criminal Defense Lawyer hub page. We also assist with related matters like DUI defense in Clarke County. If you are facing state charges, our Henrico County criminal defense lawyers can help.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.