Felon in Possession Lawyer Lexington — Federal Firearm Charge Defense
Being a felon in possession of a firearm in Lexington is a serious federal offense under 18 U.S.C. § 922(g), prosecuted in U.S. District Court with mandatory minimum sentences. As a prohibited person, you face severe penalties. Law Offices Of SRIS, P.C. provides strategic defense for felon with firearm charges, leveraging deep knowledge of federal procedure and the U.S.
Last verified: April 2026 | U.S. District Court for the Western District of Virginia | Federal legislature URL
Federal Law on Felon in Possession Charges
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 that has traveled in interstate or foreign commerce. This statute is the primary tool for prosecuting felon in possession cases in Lexington, which typically fall under the jurisdiction of the U.S. District Court for the Western District of Virginia in Roanoke. The law casts a wide net, and mere possession—actual or constructive—is sufficient for a charge. The government must prove three elements beyond a reasonable doubt: (1) the defendant had a prior felony conviction, (2) the defendant knowingly possessed a firearm or ammunition, and (3) the firearm or ammunition traveled in or affected interstate commerce. Founded in 1997 by former prosecutor Mr. Sris, our firm understands the gravity of these charges and the aggressive tactics of federal prosecutors.
Official Legal Resources
For the exact language of the federal statute, refer to 18 U.S.C. § 922 (Cornell Legal Information Institute). For local court rules and procedures, visit the U.S. District Court for the Western District of Virginia website. These resources provide the formal framework for your case.
Local Federal Court Process for a Prohibited Person Gun Charge
Federal firearm charges in Lexington follow a distinct path. Investigations are typically led by the ATF, FBI, or local police working with federal agents. The case proceeds in U.S. District Court, not state court. For a prohibited person gun charge lawyer Lexington clients trust, understanding this process is critical. The prosecution must often prove the firearm’s connection to interstate commerce, which can be a point of defense.
- Initial Appearance & Detention Hearing: After arrest or indictment, you will appear before a U.S. Magistrate Judge. The court will advise you of your rights and determine if you will be released or detained pending trial.
- Arraignment: You will formally hear the charges (indictment) and enter a plea of not guilty, allowing your attorney to begin the discovery process.
- Discovery & Pre-Trial Motions: Your defense attorney will obtain all evidence from the prosecution. Critical motions may be filed to suppress evidence obtained illegally or to challenge the legal sufficiency of the charge.
- Plea Negotiations or Trial: Most federal cases are resolved by plea agreement. Your attorney will negotiate with the Assistant U.S. Attorney, often focusing on sentencing arguments. If no agreement is reached, the case proceeds to a jury trial.
- Sentencing: If convicted, sentencing follows the U.S. Sentencing Guidelines, which consider criminal history and specific offense characteristics, often skilled to significant prison time.
In Lexington, a federal conviction for being a felon in possession of a firearm under 18 U.S.C. § 922(g) carries a statutory maximum of 10 years in prison, but prior convictions can trigger a 15-year mandatory minimum under the Armed Career Criminal Act (ACCA).
| Offense | Classification | Incarceration | Fine | Supervised Release | Additional Consequences |
|---|---|---|---|---|---|
| Felon in Possession (18 U.S.C. § 922(g)) | Federal Felony | Up to 10 years; 15-year mandatory min. if ACCA applies | Up to $250,000 | Up to 3 years | Loss of gun rights permanently, felony record, difficulty finding employment/housing |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Federal Firearm Defense
Law Offices Of SRIS, P.C. was founded in 1997 and brings a combined 120+ years of legal experience to every case. Our founder, Mr. Sris, is a former prosecutor with a background in accounting and information systems, providing a unique advantage in cases involving complex evidence. We have a documented record of favorable outcomes in challenging federal matters. Our approach is collaborative; Mr. Sris maintains a selective caseload to ensure deep, personal involvement, working alongside seasoned attorneys like 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.
Case Results & Client Advocacy
Our firm has a proven track record in criminal defense. While specific results for Lexington are not listed, our firm-wide experience includes favorable resolutions in complex federal and state cases. We focus on achieving the best possible outcome, whether through pre-trial dismissal, favorable plea negotiations, or trial defense.
Results may vary. Prior results do not aim for a similar outcome.
Felon in Possession Lawyer Near Lexington
Our Richmond location serves clients facing federal charges in Lexington and the Western District of Virginia. We are accessible via I-64 and I-81. We serve clients throughout the Lexington area. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
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) 288-1661
By appointment only.
FAQs for a Felon in Possession Charge in Lexington
What does “felon in possession” mean under federal law?
It is a federal crime under 18 U.S.C. § 922(g)(1) for anyone with a prior felony conviction to possess any firearm or ammunition that has ever moved across state lines, which includes virtually all firearms.
Can a state conviction for a gun charge become a federal case in Lexington?
Yes. It depends. Federal authorities, like the ATF, often review state arrests involving firearms and prohibited persons. They can choose to adopt the case for federal prosecution, which typically carries harsher penalties and no parole.
What are the main defenses to a federal felon in possession charge?
Common defenses include challenging the legality of the search (Fourth Amendment), arguing lack of knowing possession, contesting the validity of the predicate felony conviction, or arguing the firearm did not affect interstate commerce. A skilled felon in possession lawyer Lexington residents consult can identify the best strategy.
What is the “interstate commerce” element, and how is it proven?
The government must show the firearm traveled across state lines at some point. They often prove this through manufacturer records showing the gun was made in one state and found in another, which is a low burden for prosecutors to meet.
What is the Armed Career Criminal Act (ACCA)?
The ACCA is a federal sentencing enhancement under 18 U.S.C. § 924(e). If a defendant has three prior violent felony or serious drug offense convictions, a felon in possession conviction triggers a mandatory minimum sentence of 15 years in prison.
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 prohibited person gun charge lawyer Lexington. Anything you say can be used against you.
Related Practice Areas: Virginia Federal Criminal Lawyer | Federal Criminal Lawyer Albemarle County | Criminal Defense Lawyer Lexington
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.