Felon In Possession Lawyer Spotsylvania Virginia — Federal Firearm Defense
A federal felon in possession charge under 18 U.S.C. § 922(g) in Spotsylvania, Virginia, carries a mandatory minimum of 15 years if you have three prior violent felony convictions. Law Offices Of SRIS, P.C. provides defense for this serious federal offense. Our team includes former prosecutors with insight into federal case construction. We offer 24/7 phone consultations at (888) 437-7747, with meetings by appointment only.
If you are a convicted felon accused of possessing a firearm or ammunition, you face severe federal penalties. This charge is separate from any state-level offenses and is prosecuted by the United States Attorney’s Office for the Eastern District of Virginia. A skilled criminal attorney is essential to challenge the evidence and protect your rights.
Federal Law on Felon in Possession
Last verified: April 2026 | Verify with lead attorney | Virginia General Assembly
The primary federal statute is 18 U.S.C. § 922(g). It makes it unlawful for any person who has been convicted of a crime punishable by more than one year in prison to possess any firearm or ammunition that has traveled in interstate or foreign commerce. The law defines “possession” broadly, including actual and constructive possession. For a conviction, the government must prove you knew you were a felon and knew you possessed a firearm. A defense lawyer will scrutinize each element, including the firearm’s connection to interstate commerce and your knowledge of its presence.
Official Legal Resources
For the full text of the federal firearm statutes, visit the U.S. Code § 922 (Cornell Law School). For information on federal court procedures in Virginia, refer to the U.S. District Court for the Eastern District of Virginia website.
Local Federal Court Process in Spotsylvania
Federal cases from Spotsylvania County are typically prosecuted in the Alexandria or Richmond divisions of the Eastern District of Virginia. The process begins with an investigation by agencies like the ATF or FBI, often skilled to a grand jury indictment. Your initial appearance and detention hearing will be in federal court. A criminal court lawyer with federal experience is critical at this stage to argue for release and begin building your defense strategy.
- Secure a federal defense attorney immediately after learning of an investigation or arrest.
- Attend the initial appearance and detention hearing; your lawyer will argue for your release.
- Review the indictment and all discovery evidence provided by the U.S. Attorney’s Office.
- File pre-trial motions to suppress evidence or challenge the indictment’s validity.
- Evaluate plea negotiation options versus proceeding to a jury trial.
- Prepare for sentencing under the U.S. Sentencing Guidelines if convicted.
Potential Penalties for a Federal Conviction
In Spotsylvania, a federal felon in possession conviction under § 922(g) carries a maximum penalty of 10 years in prison, but enhanced penalties apply with prior convictions.
| 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 (18 U.S.C. § 924(e)) | Enhanced Federal Felony | 15 years to life | Up to $250,000 | 3-5 years |
*Mandatory minimum of 15 years if convicted as an Armed Career Criminal (three prior violent felony or serious drug offense convictions).
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Criminal Charges Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our firm has over 120 years of combined legal experience. We understand the high stakes of federal prosecutions. Mr. Sris, our managing attorney, personally handles complex federal criminal defense matters and provides strategic oversight. Our team approach ensures every case receives thorough analysis from multiple perspectives.
Our Approach to Your Defense
We immediately work to challenge the prosecution’s case. We examine how the firearm was found, the chain of custody, and whether your constitutional rights were violated during the search or interrogation. For a felon in possession charge, we also scrutinize the validity of the predicate felony conviction. Our goal is to secure the best possible outcome, whether through dismissal, a favorable plea agreement, or trial.
Of Counsel attorney Matthew Greene, with over 30 years of experience including former death penalty certification and a 14-year contract with Child Protective Services in Alexandria, provides additional depth to our criminal 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 with cases in Spotsylvania County. We are accessible via I-95 and Route 1. If you need a felon in possession lawyer near Spotsylvania Courthouse Battlefield or the Spotsylvania Towne Centre, contact us for a consultation. We serve the communities of Spotsylvania, Chancellor, and Massaponax. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Felon In Possession Lawyer Spotsylvania Virginia FAQ
What makes a felon in possession charge a federal crime?
Yes. The federal government asserts jurisdiction under the Commerce Clause if the firearm or ammunition has ever crossed state lines, which is nearly always the case. This allows federal prosecution even for local arrests in Spotsylvania.
Can I be charged in both state and federal court for the same gun?
It depends. While double jeopardy generally prohibits dual prosecutions for the same offense, state and federal governments are considered separate sovereigns. It is possible, though not common, to face charges from both for the same act of possession.
What are the main defenses to a § 922(g) charge?
Common defenses include challenging the legality of the search (Fourth Amendment), proving you did not knowingly possess the firearm, arguing your civil rights were restored for the predicate felony, or contesting the firearm’s connection to interstate commerce.
What is the Armed Career Criminal Act (ACCA) enhancement?
18 U.S.C. § 924(e) imposes a 15-year mandatory minimum sentence if you have three prior convictions for violent felonies or serious drug offenses. A defense lawyer will rigorously examine whether your prior convictions legally qualify as ACCA predicates.
How quickly should I contact a lawyer after a federal arrest?
Immediately. The federal system moves quickly. Early intervention by a defense lawyer is crucial for the detention hearing, initial case strategy, and beginning negotiations with the U.S. Attorney’s Office.
For more information on related defenses, see our pages on Federal Criminal Lawyer Spotsylvania County and Criminal Defense Lawyer Spotsylvania VA. Return to our Virginia Federal Criminal Defense hub.
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
The same rules apply outside Spotsylvania County, and our page on felon in possession charges across Virginia walks through each stage.