Felon In Possession Lawyer New Kent Virginia — Federal Firearm Defense
A federal felon in possession charge in New Kent, 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 a strong defense for these serious federal firearm charges.
Last verified: April 2026 | New Kent 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 New Kent County and across the Eastern District of Virginia. A conviction is a federal felony with a maximum penalty of 10 years in prison, but penalties escalate sharply with prior convictions, especially under the Armed Career Criminal Act (ACCA). The federal government, not the Commonwealth of Virginia, prosecutes these cases, typically following an investigation by the ATF, FBI, or a joint task force.
Official Legal Resources
For the full text of the federal firearm statute, see 18 U.S.C. § 922 (Cornell Legal Information Institute). For local federal court procedures, refer to the U.S. District Court for the Eastern District of Virginia website.
- Federal Investigation & Arrest: A federal felon in possession case typically begins with an investigation by the ATF or FBI, often involving surveillance or informants.
- Initial Appearance & Detention Hearing: You will appear before a U.S. Magistrate Judge in Richmond for arraignment. The court will determine if you will be released on bond or detained pending trial.
- Indictment & Arraignment: A federal grand jury will issue an indictment. You will be formally arraigned on the charges in U.S. District Court.
- Discovery & Pre-Trial Motions: Your defense lawyer will review all evidence (discovery) and file motions to suppress evidence or dismiss charges based on constitutional violations.
- Plea Negotiations or Trial: Your criminal court lawyer will engage in negotiations with the U.S. Attorney’s Office. If no agreement is reached, the case proceeds to a federal jury trial.
- Sentencing: If convicted, sentencing follows federal guidelines, which are often more severe than state penalties and include no parole.
Potential Penalties for Felon in Possession
In New Kent County, a federal conviction for felon in possession under 18 U.S.C. § 922(g) carries a maximum of 10 years in prison, but penalties can escalate to a mandatory minimum of 15 years under the Armed Career Criminal Act (ACCA).
| Offense | Classification | Incarceration | Fine | Supervised Release |
|---|---|---|---|---|
| Felon in Possession (18 U.S.C. § 922(g)) | Federal Felony | Up to 10 years* | Up to $250,000 | Up to 3 years |
| Armed Career Criminal (ACCA) | Enhanced Federal Felony | Mandatory 15 years to Life | Up to $250,000 | Up to 5 years |
*Maximum penalty; actual sentence determined by Federal Sentencing Guidelines.
Results may vary. Prior results do not aim for a similar outcome.
Our Defense Approach for Federal Firearm Charges
Founded in 1997, Law Offices Of SRIS, P.C. brings a combined 120+ years of legal experience to building a defense against federal firearm charges. Our team includes attorneys with backgrounds as former prosecutors and a former Virginia State Trooper, providing unique insight into how firearm cases are investigated and constructed. We meticulously challenge the legality of the search or seizure that discovered the firearm, the chain of custody of the evidence, and the validity of the prior felony conviction used to establish the “felon” status. For criminal charges defense in federal court, this thorough, evidence-focused strategy is essential.
Case Results & Client Advocacy
While specific results for New Kent County are not listed, our firm-wide record across Virginia, Maryland, New Jersey, New York, and DC includes over 4,739 documented case results with a favorable outcome rate exceeding 93%. In federal cases, our defense lawyers work to secure reductions in charges, argue for downward departures from sentencing guidelines, and protect our clients’ rights at every stage. Mr. Sris, the firm’s founder and a former prosecutor with a multi-state practice, provides strategic oversight on complex federal matters, ensuring every avenue for a strong defense is pursued.
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: (804) 977-1657
By appointment only.
Our Richmond location serves clients at federal and state courts in New Kent County. We are accessible via I-64 and Route 33. As a federal criminal defense lawyer near New Kent, we provide 24/7 phone consultations — (888) 437-7747 — with meetings by appointment only. We serve the communities of New Kent, Providence Forge, and Quinton.
FAQs: Felon in Possession Charges in New Kent, VA
What makes a felon in possession charge a federal case in New Kent?
It depends. Federal jurisdiction often arises if the firearm traveled in interstate commerce, the arrest involved federal agents (ATF, FBI), or the case is part of a larger federal investigation. A skilled criminal attorney can review the facts to determine jurisdiction.
Can a prior felony conviction be challenged in a § 922(g) case?
Yes. A defense lawyer may challenge whether your prior conviction qualifies as a predicate felony under the law. Some state convictions may not meet the federal definition, or there may be procedural defects in the prior case that can be attacked.
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 convictions for violent felonies or serious drug offenses, the mandatory minimum sentence for a felon in possession conviction increases from 0 to 15 years in prison.
Do I need a different lawyer for federal court vs. state court?
Yes. Federal criminal procedure and sentencing guidelines are vastly different from state court. You need a criminal court lawyer with specific experience practicing in the U.S. District Court to handle the complex federal system effectively.
What are common defenses 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, proving the firearm is not functional or is an antique, or contesting the validity of the underlying felony conviction.
For more information on related defenses, see our Virginia criminal defense lawyer hub page. If you are facing charges in a nearby area, our Henrico County criminal defense lawyer can also assist. For other legal needs in New Kent, consider a New Kent DUI lawyer.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.