Norton VA Firearm By Felon Lawyer — What Are Your Defense Options?
Possession of a firearm by a convicted felon in Norton, Virginia, is a serious felony under Va. Code § 18.2-308.2, punishable by a mandatory minimum of two years in prison. Law Offices Of SRIS, P.C. provides a strong defense for these charges. Our Norton VA firearm by felon lawyer has experience with the Norton (City) General District Court and can challenge the evidence against you.
Virginia Law on Firearm Possession by a Convicted Felon
Virginia law strictly prohibits any person who has been convicted of a felony from knowingly and intentionally possessing, transporting, or carrying any firearm. This statute, Va. Code § 18.2-308.2, is a primary tool for prosecutors in weapons offense defense. The charge applies regardless of the type of felony on your record or how much time has passed since the conviction. The Commonwealth must prove you knowingly possessed the firearm, which can be actual physical possession or constructive possession (having dominion and control over it, such as in your home or vehicle).
Last verified: April 2026 | Norton (City) General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the law, see Va. Code § 18.2-308.2 (official Virginia General Assembly). For local court procedures, visit the Virginia Courts District Court webpage for Norton.
Defending a Firearm by Felon Charge in Norton
In Norton (City) General District Court, prosecutors must prove every element of the charge beyond a reasonable doubt. A skilled firearms defense lawyer will scrutinize the case for weaknesses. Common defense strategies include challenging the legality of the search that found the weapon, arguing a lack of knowledge or intent to possess, or questioning whether the item qualifies as a firearm under Virginia law. The procedural steps for a felony charge begin in General District Court for a preliminary hearing before potentially moving to Circuit Court for trial.
- Initial Arraignment: You will be formally charged and enter a plea of not guilty in Norton General District Court.
- Preliminary Hearing: The court determines if there is probable cause to believe you committed the felony, binding the case over to Circuit Court.
- Circuit Court Arraignment: You are re-arraigned in the Wise County Circuit Court, where the full trial will occur.
- Pre-Trial Motions: Your gun charges lawyer will file motions, including motions to suppress evidence, which are critical in firearm cases.
- Trial or Negotiation: The case proceeds to a jury trial or, if in your best interest, your attorney negotiates for a reduction or alternative resolution.
Potential Penalties for a Firearm by Felon Conviction
In Norton, possession of a firearm by a convicted felon is a Class 6 felony carrying a mandatory minimum sentence of two years in prison, with a maximum of five years.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Firearm by Convicted Felon (Va. Code § 18.2-308.2) | Class 6 Felony | Mandatory minimum 2 years; Up to 5 years | Up to $2,500 | Loss of firearm rights permanently; impacts professional licenses | Permanent felony record; loss of voting rights while incarcerated; difficulty securing housing/employment |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Firearms and Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our team brings over 120 years of combined legal experience to every case. We understand that a firearm charge can upend your life, and we work to build a defense that protects your future. Our approach is thorough, examining police reports, witness statements, and forensic evidence to identify the best path forward for your situation.
Case Results and Client Advocacy
Our firm has a documented record of favorable outcomes in criminal cases across Virginia. While every case is unique, our focused defense strategies aim for dismissals, reductions, or acquittals. For instance, our team, including secondary attorney Mr. Sris—a former prosecutor with a background in accounting and information systems—has successfully challenged evidence in complex cases. We apply this rigorous approach to every firearm by felon charge we handle.
Results may vary. Prior results do not aim for a similar outcome.
Local Defense for Norton Residents
Law Offices Of SRIS, P.C.
Shenandoah/Woodstock Location — 505 N Main St, Suite 103, Woodstock, VA 22664
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Our Shenandoah Valley location serves Norton and surrounding communities. As a local firearm by felon lawyer near the Norton courthouse, we are positioned to respond quickly to court dates and developments in your case. We offer 24/7 phone consultations — call (888) 437-7747 — with meetings by appointment only.
Frequently Asked Questions
What is considered a “firearm” under Virginia law for this charge?
Yes, the definition is broad. Under Va. Code § 18.2-308.2, a firearm includes any weapon designed to expel a projectile by action of an explosion. This covers handguns, rifles, and shotguns. It can also include certain antique firearms or replicas if they are operable.
Can I be charged if the gun wasn’t on me but was in my house?
It depends. You can be charged under a theory of “constructive possession.” The prosecution must prove you knew the firearm was present and that you had the ability and intent to control it. A skilled weapons attorney can argue against this if others had access to the area where the gun was found.
Are there any defenses to a firearm by felon charge?
Yes. Common defenses include challenging the legality of the search (Fourth Amendment violation), proving you lacked knowledge of the firearm’s presence, arguing your civil rights were restored, or contesting whether your prior conviction qualifies as a predicate felony under the statute.
What is the mandatory minimum sentence?
Two years. A conviction under Va. Code § 18.2-308.2 carries a mandatory minimum prison sentence of two years. This minimum cannot be suspended by the judge, making early and aggressive defense critical.
Should I speak to the police if I’m investigated for this?
No. You have the right to remain silent. You should politely decline to answer questions and immediately request to speak with a firearms defense lawyer. Anything you say can be used to establish the “knowing” element of the charge.
Related Legal Information
If you are facing other charges, our firm also handles related matters. Learn more about reckless driving defense in Norton or contested divorce in Norton. For a broader view of our criminal defense practice, visit our Virginia criminal lawyer hub page. We also serve clients in nearby areas like Shenandoah County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.