Virginia Felon in Possession Lawyer — What Are Your Federal Defense Options?
Federal felon in possession charges under 18 U.S.C. § 922(g) carry severe penalties in Virginia, including up to 10 years in prison. A Virginia felon in possession lawyer from Law Offices Of SRIS, P.C. provides a defense grounded in federal procedure and local court knowledge. Our firm has handled numerous federal firearm cases across Virginia’s Eastern and Western Districts.
Federal Felon in Possession Law in Virginia
The federal statute prohibiting firearm possession by a convicted felon is 18 U.S.C. § 922(g)(1). This law makes it unlawful for any person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year to ship, transport, possess, or receive any firearm or ammunition. In Virginia, these cases are prosecuted by the United States Attorney’s Offices for the Eastern District (EDVA) or Western District (WDVA).
Last verified: April 2026 | Virginia Federal Courts | Virginia General Assembly
Official Legal Resources
For the full text of the federal statute, see 18 U.S.C. § 922 (Cornell Legal Information Institute). For information on Virginia’s federal court procedures, visit the U.S. District Court for the Eastern District of Virginia website.
handling a Federal Firearm Charge in Virginia
Federal firearm cases move quickly under the Speedy Trial Act. An initial appearance before a magistrate judge is followed by an indictment and arraignment. The prosecution must prove you are a convicted felon, you knowingly possessed a firearm, and that firearm traveled in or affected interstate commerce. A common local procedural fact is that many federal felon in possession cases in Virginia originate from investigations by the ATF or are referred from state arrests.
- Initial Appearance & Detention Hearing: You will appear before a federal magistrate judge who will advise you of the charges and determine if you will be released or detained pending trial.
- Indictment & Arraignment: A grand jury reviews the evidence and issues an indictment. You are then arraigned, where you enter a plea of guilty or not guilty.
- Discovery & Pre-Trial Motions: Your defense lawyer will obtain all evidence from the prosecution and may file motions to suppress evidence or dismiss charges.
- Plea Negotiations or Trial: Most federal cases are resolved by plea agreement. If no agreement is reached, the case proceeds to a jury trial in U.S. District Court.
- Sentencing: If convicted, sentencing follows federal guidelines, which consider criminal history and specific offense characteristics.
Potential Penalties for a Federal Felon in Possession Conviction
In Virginia, a federal conviction for felon in possession under 18 U.S.C. § 922(g) carries a maximum penalty of 10 years in federal prison, though sentences are guided by the U.S. Sentencing Guidelines.
| Offense | Classification | Incarceration | Fine | Supervised Release | Additional Consequences |
|---|---|---|---|---|---|
| Felon in Possession of Firearm (18 U.S.C. § 922(g)) | Federal Felony | Up to 10 years* | Up to $250,000 | Up to 3 years | Permanent loss of firearm rights, felony record, difficulty obtaining employment/housing. |
*Mandatory minimum sentences may apply if the defendant has three or more prior convictions for violent felonies or serious drug offenses (Armed Career Criminal Act – ACCA).
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Virginia Federal Defense Team
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to federal criminal defense. Our firm-wide record includes 4,739+ documented case results with a 93%+ favorable outcome rate. We understand the high stakes of federal court and provide a defense focused on the specific procedures of Virginia’s federal districts.
Case Results in Federal Firearm Defense
Our firm has a documented history of handling federal firearm charges. For instance, our team, including secondary attorney Matthew Greene, has successfully challenged the interstate commerce element and negotiated favorable plea agreements that avoided mandatory minimum sentences. Results may vary. Prior results do not aim for a similar outcome.
Virginia Federal Criminal Defense Lawyer Near You
Our firm serves clients across all Virginia communities facing federal charges. We offer 24/7 phone consultations at (888) 437-7747. Meetings are by appointment only at our various Virginia locations to serve you best.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
FAQs: Federal Felon in Possession Charges in Virginia
What is the main federal law for felon in possession charges?
Yes. The primary law is 18 U.S.C. § 922(g)(1). It prohibits anyone convicted of a crime punishable by over one year in prison from possessing a firearm or ammunition that has traveled in interstate commerce.
Can a Virginia felon in possession case be heard in state court?
It depends. While Virginia has its own state laws for felons possessing firearms, charges under 18 U.S.C. § 922(g) are exclusively federal. A case may start with a state arrest but be adopted for federal prosecution, often skilled to more severe penalties.
What must the prosecution prove for a conviction?
The prosecution must prove three elements beyond a reasonable doubt: (1) You were previously convicted of a felony, (2) You knowingly possessed a firearm or ammunition, and (3) The firearm or ammunition traveled in or affected interstate commerce at some point.
What are common defenses to a § 922(g) charge?
Common defenses include challenging the legality of the search that found the firearm, arguing you did not knowingly possess it, contesting the validity of the prior felony conviction, or arguing the firearm was not in or affecting interstate commerce.
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 convicted under § 922(g) has three or more prior convictions for violent felonies or serious drug offenses, the mandatory minimum sentence increases to 15 years in prison, with a maximum of life.
Why do I need a federal criminal attorney and not just a state criminal attorney?
Federal courts have completely different rules, procedures, and sentencing guidelines than state courts. A criminal attorney with specific federal experience, like our team, understands the nuances of federal practice, the U.S. Sentencing Guidelines, and the strategies of federal prosecutors.
Related Practice Areas: If you are facing related state charges, our Virginia criminal attorney team can also assist. For other federal charges, see our Virginia federal criminal defense lawyer hub.
Page Last verified: April 2026. Federal laws and procedures are subject to change. The information provided is for general reference and does not constitute legal advice. Consult with a qualified federal defense lawyer for guidance on your specific case.