Martinsville VA Firearm By Felon Lawyer — What Are Your Defense Options?
Possession of a firearm by a convicted felon in Martinsville is a serious felony under Va. Code § 18.2-308.2, carrying a mandatory minimum sentence. A Martinsville VA firearm by felon lawyer from Law Offices Of SRIS, P.C. can challenge the evidence and protect your rights. Our weapons attorney team has handled numerous firearm cases. Contact us for a 24/7 consultation.
Last verified: April 2026 | Martinsville (City) General District Court | Virginia General Assembly
Virginia Law on Firearm Possession by a Felon
The statute prohibiting firearm possession by a felon is Va. Code § 18.2-308.2. This law makes it illegal for any person who has been convicted of a felony to knowingly possess, transport, or carry any firearm. The prohibition is lifelong unless the person’s civil rights have been formally restored by the Governor of Virginia or another appropriate authority. The law applies to any firearm, including those in your home or vehicle. A firearms defense lawyer can examine whether the firearm meets the legal definition and if you had knowledge of its presence.
Official Legal Resources
For the official text of the statute, see Va. Code § 18.2-308.2 (official Virginia General Assembly). For local court procedures, visit the Virginia Courts website.
Defending a Firearm Charge in Martinsville Court
Defending a firearm by felon charge requires a detailed, case-specific approach. In Martinsville (City) General District Court, prosecutors must prove you are a convicted felon and that you knowingly possessed a firearm. A gun charges lawyer will scrutinize the search that led to the discovery of the firearm, challenge the chain of custody of the evidence, and examine whether you had constructive possession. For a felony charge, the case typically begins with a preliminary hearing in General District Court before moving to Circuit Court for trial.
- Secure representation immediately after arrest or receiving a summons.
- Your attorney will file for discovery to obtain all police reports, lab reports, and evidence.
- A motion to suppress evidence may be filed if the search or seizure violated your rights.
- Your lawyer will negotiate with the Commonwealth’s Attorney, seeking a reduction or alternative resolution.
- If no plea agreement is reached, your case will proceed to a preliminary hearing and then a jury trial in Circuit Court.
In Martinsville, possession of a firearm by a convicted felon is a Class 6 felony, punishable by a mandatory minimum of two years in prison.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Firearm Possession by Convicted Felon (First Offense) | Class 6 Felony | Mandatory minimum 2 years; up to 5 years | Up to $2,500 | Loss of firearm rights permanently | Felony record, difficulty finding employment/housing |
| Firearm Possession by Convicted Felon (Subsequent Offense) | Class 5 Felony | Mandatory minimum 5 years | Up to $2,500 | Loss of firearm rights permanently | Enhanced penalties, federal prosecution possible |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Firearm and Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings over 120 years of combined legal experience to every case. Our approach to weapon offense defense is grounded in a thorough investigation of the facts and aggressive protection of your constitutional rights. We understand the severe consequences of a felony firearm conviction and work to achieve the best possible result.
Case Results and Client Advocacy
Our firm has a firm-wide record of 4,739+ documented case results with a 93%+ favorable outcome rate across Virginia, Maryland, New Jersey, New York, and Washington D.C. While results in Martinsville will depend on the specific facts of your case, our team, including secondary attorney Mr. Sris—a former prosecutor with a background in accounting and information systems—applies rigorous analysis to build a strong defense strategy.
Results may vary. Prior results do not aim for a similar outcome.
Martinsville Firearm Defense Lawyer Near You
Our Richmond location serves Martinsville and surrounding communities. We are accessible for meetings by appointment to discuss your firearm charge.
Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Dr, Ste 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
What is the penalty for a felon with a gun in Virginia?
It is a Class 6 felony with a mandatory minimum two-year prison sentence. Penalties increase for subsequent offenses.
Can the charge be reduced to a misdemeanor?
It depends. While the statute defines it as a felony, a skilled Martinsville VA firearm by felon lawyer may negotiate a reduction to a lesser charge under certain circumstances, such as issues with the evidence or your prior record.
What if the gun wasn’t mine but was in my car?
This is a common defense. Prosecutors must prove you knowingly possessed the firearm. Mere presence is not enough. A firearms defense lawyer will argue you lacked knowledge or control over the weapon.
Does a felony from another state count in Virginia?
Yes. Virginia law considers any conviction that would be a felony in Virginia, including out-of-state and federal convictions, to trigger the firearm prohibition.
Can I ever legally own a gun again in Virginia?
It depends. Your civil rights, including firearm rights, must be restored by the Governor of Virginia. This is a separate process from completing your sentence. A gun charges lawyer can advise you on the restoration process.
For more information on criminal defense in Virginia, see our Virginia criminal lawyer hub page. We also assist clients in nearby areas like Shenandoah County. If you are facing other charges, our firm provides support for matters such as reckless driving in Martinsville.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.