New Kent County Felon in Possession Lawyer — What Are Your Defense Options?
A felon in possession charge in New Kent County is a serious felony under Virginia law, carrying a mandatory minimum of two years in prison. As a prohibited person gun charge lawyer New Kent County, Law Offices Of SRIS, P.C. provides a strong defense against these allegations. We examine police procedure, search legality, and your specific record to build your case.
Virginia Law on Felons Possessing Firearms
Virginia law strictly prohibits any person convicted of a felony from knowingly possessing, transporting, or carrying any firearm. This law is codified under Va. Code § 18.2-308.2. The statute applies regardless of where the original felony conviction occurred, making it a severe charge with significant penalties. The prosecution must prove you were a convicted felon and that you knowingly possessed a firearm.
Last verified: April 2026 | New Kent County Circuit Court | Virginia General Assembly
Official Legal Resources
Understanding the specific law you are charged under is critical. You can review the full text of the statute on the official Virginia Legislative Information System. For local court procedures and filing information, visit the New Kent County Circuit Court website.
Local Defense Strategy for New Kent County
Successfully defending a felon with firearm charge requires a detailed, case-specific approach. In New Kent County, cases are heard in the Circuit Court, and the Commonwealth’s Attorney vigorously prosecutes these offenses. A key local procedural fact is that the court takes these charges extremely seriously, often seeking the mandatory minimum sentence.
- Case Evaluation: We immediately secure all police reports, witness statements, and evidence to assess the strength of the prosecution’s case.
- Motion to Suppress: If the firearm was discovered through a search, we file motions challenging the legality of the stop, search, or seizure under the Fourth Amendment.
- Challenge Knowledge: We examine whether the prosecution can prove you knowingly possessed the firearm, which is a required element of the charge.
- Explore Alternatives: Depending on your history and the case facts, we may negotiate for reduced charges or alternative sentencing to avoid a mandatory prison term.
- Trial Preparation: If a favorable settlement isn’t possible, we prepare a vigorous defense for trial, challenging every element of the Commonwealth’s case.
Potential Penalties for a Conviction
In New Kent County, a conviction for possession of a firearm by a convicted felon is a Class 6 felony, carrying a mandatory minimum sentence of 2 years in prison and a maximum penalty of 5 years.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Felon in Possession of Firearm | Class 6 Felony | Mandatory 2 years, up to 5 years | Up to $2,500 | Permanent loss of gun rights, felony record, impact on employment/housing |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Gun Charges
Founded in 1997 by a former prosecutor, Law Offices Of SRIS, P.C. brings a combined 120+ years of legal experience to every case. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We understand the high stakes of a felony gun charge and work diligently to protect your future.
Case Results & Client Advocacy
Our approach is grounded in a thorough defense. We meticulously review the circumstances of the arrest, the validity of the search that discovered the weapon, and the specifics of your prior record. In many cases, a successful defense hinges on challenging whether the police had a legal right to search or whether the prosecution can prove you knowingly possessed the firearm. Our secondary attorney, Kristen Fisher, a former Maryland Assistant State’s Attorney, contributes significant prosecutorial insight to building strong defense strategies.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our New Kent County Defense Team
If you are facing a prohibited person gun charge, immediate action is vital. Our New Kent County location serves clients throughout the area, including near the New Kent County Courthouse and surrounding communities like Quinton, Providence Forge, and Bottoms Bridge.
Law Offices Of SRIS, P.C.
Toll-Free: (888) 437-7747 | Local: (804) 201-9009
By appointment only.
24/7 phone consultations — meetings by appointment only.
Frequently Asked Questions
What if the gun wasn’t mine, but was in my car or house?
It depends. The prosecution must prove you knowingly possessed the firearm. Mere proximity is not enough. If the gun belonged to someone else and you were unaware of its presence, that is a potential defense. A felon in possession lawyer New Kent County can investigate to establish lack of knowledge or control.
Can a prior felony from another state be used against me in Virginia?
Yes. Va. Code § 18.2-308.2 applies to any person convicted of a felony under the laws of any state or the United States. A conviction from another jurisdiction qualifies as a predicate felony for this charge in Virginia.
Are there any exceptions to this law?
Yes, but they are very narrow. Exceptions include a pardon that specifically restores firearm rights, or a felony conviction that has been expunged or set aside. Having your civil rights restored by the Governor of Virginia does NOT automatically restore your right to possess a firearm. A felon with firearm defense lawyer New Kent County can review your record to see if any exceptions apply.
What is the first step after being charged?
The first step is to exercise your right to remain silent and contact an attorney immediately. Do not discuss the case with anyone. Your lawyer will request discovery, review the evidence against you, and begin formulating a defense strategy, which may include filing pre-trial motions to suppress evidence.
Is probation an option for this charge?
Due to the mandatory minimum sentence of two years in prison, standard probation is generally not an option upon conviction. However, a skilled attorney may be able to negotiate a plea to a lesser charge that does not carry a mandatory minimum or explore other pre-trial resolutions to avoid a conviction altogether.
Virginia Criminal Defense Lawyer | Henrico County Criminal Defense | New Kent County Gun Charges Lawyer
Last verified: April 2026. Information current as of this date. Laws change — contact Law Offices Of SRIS, P.C. for current guidance.