Felon In Possession Lawyer in Fauquier County, Virginia
A federal charge for a felon in possession of a firearm in Fauquier County is prosecuted under 18 U.S.C. § 922(g) and carries a mandatory minimum sentence of 15 years if you have three prior violent felony convictions. Law Offices Of SRIS, P.C. provides defense for these serious federal charges.
Federal Law on Felon in Possession Charges
Federal law strictly prohibits any person convicted of a crime punishable by more than one year in prison from possessing any firearm or ammunition. This law, 18 U.S.C. § 922(g)(1), is the primary statute used by federal prosecutors. The charge is often brought after an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) or another federal agency. A conviction can result in a sentence of up to 10 years in federal prison, and penalties increase significantly with prior convictions.
Last verified: April 2026 | Verify with lead attorney | Virginia General Assembly
Official Legal Resources
Understanding the specific statutes and the court where your case will be heard is critical. The official text of the federal firearms law is available from the U.S. Government Publishing Office. For federal court procedures in the Eastern District of Virginia, which includes Fauquier County, you can review the Eastern District of Virginia court website. You can also read the U.S. Code § 922 (official U.S. Government).
Local Federal Court Process for a Felon in Possession Charge
Federal felon in possession cases from Fauquier County are typically prosecuted in the U.S. District Court for the Eastern District of Virginia, often in the Alexandria or Richmond divisions. The process begins with a federal indictment from a grand jury. The case then proceeds through arraignment, extensive discovery, pre-trial motions, and potentially a jury trial. The Federal Sentencing Guidelines heavily influence the potential penalty upon conviction.
- Initial Appearance & Detention Hearing: After arrest or indictment, you will appear before a federal magistrate judge. The judge will advise you of the charges and determine if you will be released or held pending trial.
- Arraignment: You will formally hear the charges and enter a plea of not guilty, which is standard at this stage to allow for case review and negotiation.
- Discovery & Investigation: Your defense lawyer will obtain all evidence from the prosecution, including ATF reports, forensic analysis, and witness statements, to build your defense.
- Pre-Trial Motions: Your attorney may file motions to suppress evidence obtained through an illegal search or to challenge the admissibility of certain statements.
- Plea Negotiation or Trial: Most federal cases are resolved by plea agreement. If no agreement is reached, the case proceeds to a jury trial where the government must prove guilt beyond a reasonable doubt.
- Sentencing: If convicted, a separate sentencing hearing is held where the judge determines the final sentence based on the Federal Sentencing Guidelines and other factors.
Potential Penalties for a Federal Felon in Possession Conviction
In Fauquier 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 a 15-year mandatory minimum applies with three prior violent felony or serious drug offense convictions.
| Offense | Classification | Incarceration | Fine | Supervised Release | Additional Consequences |
|---|---|---|---|---|---|
| Felon in Possession of Firearm/Ammunition | Federal Felony | Up to 10 years; 15-year mandatory min. if Armed Career Criminal | Up to $250,000 | Up to 3 years | Permanent loss of firearm rights, felony record, difficulty finding employment and housing. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Federal Criminal Defense
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 understand the high stakes of federal charges and the unique procedures of federal court. Our approach involves a meticulous review of the government’s evidence, aggressive pre-trial motion practice, and strategic negotiation to seek the best possible resolution.
For federal cases, Mr. Sris often collaborates with Of Counsel attorney Matthew Greene, who brings over 30 years of experience, including former death penalty certification and a 14-year contract with Child Protective Services in Alexandria. This collaborative approach ensures multiple experienced perspectives on your defense against criminal charges.
Contact Our Fauquier County Federal Defense Team
Law Offices Of SRIS, P.C.
Fairfax Location — 4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Our Fairfax location serves clients facing federal charges in Fauquier County. We are your local federal criminal defense lawyer near Warrenton and the surrounding communities of New Baltimore, Bealeton, Marshall, and The Plains. We offer 24/7 phone consultations — call (888) 437-7747 — with meetings by appointment only.
FAQs: Felon in Possession Charges in Fauquier County
What does the government have to prove for a felon in possession charge?
Yes. The prosecution must prove: (1) You were previously convicted of a crime punishable by over one year in prison; (2) You knowingly possessed a firearm or ammunition; and (3) The firearm or ammunition traveled in or affected interstate commerce (which is presumed for most modern firearms).
Can a state court conviction for a felon in possession be expunged?
It depends. Virginia state law (Va. Code § 18.2-308.2) also prohibits possession by a convicted felon. Expungement of a Virginia conviction is generally not allowed. However, for federal charges, there is no general expungement statute. In rare cases, a presidential pardon may restore some rights but does not erase the conviction.
What is the “Armed Career Criminal Act” (ACCA) enhancement?
15 years. If you have three prior convictions for violent felonies or serious drug offenses, the ACCA mandates a minimum 15-year prison sentence for a felon in possession conviction. Defining what qualifies as a “violent felony” is a complex area of law that a skilled defense lawyer can challenge.
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 federal criminal defense attorney. Anything you say can be used against you, and agents are trained to obtain incriminating statements.
What are common defenses to a felon in possession charge?
Common defenses include challenging whether you actually “possessed” the firearm, arguing you lacked knowledge of its presence, suppressing evidence from an illegal search or seizure, contesting the validity of the predicate felony conviction, or negotiating a plea to a lesser offense. A criminal court lawyer will analyze the specifics of your case to identify the strongest defense strategy.
Internal Resources: If you are facing other charges, learn about our Fauquier County criminal defense services. For a broader view of our federal practice, visit our Virginia federal criminal lawyer hub page. We also assist clients in nearby jurisdictions like Alexandria.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.