Petersburg VA Firearm By Felon Lawyer — What Are Your Defense Options?
Possession of a firearm by a convicted felon is a serious felony under federal law and Virginia state law, carrying severe penalties. If you are facing such charges in Petersburg, securing a skilled Petersburg VA firearm by felon lawyer is critical. Law Offices Of SRIS, P.C. provides strong defense strategies for these complex cases. Contact us at (888) 437-7747 for immediate legal support.
Understanding Firearm Possession by a Felon Charges
Both federal and Virginia law strictly prohibit individuals convicted of felonies from possessing firearms. Under federal law, 18 U.S.C. § 922(g)(1) makes it unlawful for any person convicted of a crime punishable by imprisonment for a term exceeding one year to possess a firearm or ammunition. In Virginia, a similar prohibition is found under Va. Code § 18.2-308.2. A conviction is a Class 6 felony, punishable by 1 to 5 years in prison, or at the discretion of the jury, up to 12 months in jail and a fine of up to $2,500. A second or subsequent conviction is a Class 5 felony, carrying 1 to 10 years, or at the jury’s discretion, up to 12 months and a $2,500 fine.
Last verified: April 2026 | Petersburg General District Court | Virginia General Assembly
Official Legal Resources
For the official text of Virginia’s law on possession of firearms by convicted felons, refer to the Virginia Legislative Information System (Va. Code § 18.2-308.2). For federal court procedures and resources in the Eastern District of Virginia, which includes Petersburg, visit the U.S. District Court for the Eastern District of Virginia website.
handling a Firearm Charge in Petersburg
Prosecutors in the Petersburg area treat firearm possession by a felon as a high-priority offense. The case may be prosecuted in state court under Va. Code § 18.2-308.2 or federally under 18 U.S.C. § 922(g), depending on the circumstances. A strong defense often hinges on challenging the legality of the search that discovered the firearm, the proof of possession, or the validity of the underlying felony conviction.
- Initial Arrest & Charge: You will be arrested and charged, likely with a felony. An initial bond hearing will be set.
- Arraignment in General District Court: You will appear in Petersburg General District Court for arraignment, where you are formally advised of the charges.
- Preliminary Hearing: For a felony charge, a preliminary hearing may be held in General District Court to determine if there is probable cause to send the case to Circuit Court.
- Circuit Court Proceedings: If the case proceeds, it will be indicted by a grand jury and move to Petersburg Circuit Court for trial or potential plea negotiations.
- Trial or Disposition: Your gun charges lawyer will prepare for trial, arguing motions to suppress evidence and presenting your defense, or negotiate a favorable resolution if appropriate.
- Sentencing: If convicted, a separate sentencing hearing will determine the final penalty based on statutory guidelines and mitigating factors.
Potential Penalties for Firearm Possession by a Felon
In Petersburg, possession of a firearm by a convicted felon is a Class 6 felony on a first offense, with penalties that can significantly impact your freedom and future.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| First Offense (State) | Class 6 Felony | 1-5 years (or up to 12 months at jury discretion) | Up to $2,500 | Loss of firearm rights permanently | Permanent felony record, difficulty finding employment and housing |
| Subsequent Offense (State) | Class 5 Felony | 1-10 years (or up to 12 months at jury discretion) | Up to $2,500 | Loss of firearm rights permanently | Enhanced penalties, stricter sentencing |
| Federal Charge (18 U.S.C. § 922(g)) | Federal Felony | Up to 10 years (often with mandatory minimums) | Up to $250,000 | Loss of firearm rights, federal supervised release | Severe federal prison sentence, no parole |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Firearm Charge Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide track record includes 4,739+ documented results with a 93%+ favorable outcome rate. We understand the high stakes of a Petersburg VA firearm by felon charge and provide dedicated, strategic representation focused on protecting your future.
Our Approach to Your Case
We begin every firearm case with a meticulous review of the evidence. Our defense strategy may involve challenging the legality of the search or seizure under the Fourth Amendment, arguing that you were not in actual or constructive possession of the firearm, or examining whether your prior conviction qualifies under the statute. We work collaboratively; for instance, Mr. Sris, the firm’s founder and a former prosecutor with a multi-state practice, provides strategic oversight on complex cases. Our goal is to achieve the best possible outcome, whether through dismissal, reduction of charges, or a favorable verdict at trial.
Contact Our Petersburg Firearm Defense Team
If you are facing a firearm charge in Petersburg, do not wait. Our Richmond location serves the Petersburg area. We offer 24/7 phone consultations.
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: (804)201-9009 | Local: (804) 201-9009
By appointment only.
We serve clients in Petersburg and surrounding communities.
Frequently Asked Questions
What is considered “possession” of a firearm under Virginia law?
Yes, possession can be actual or constructive. Actual possession means the firearm is on your person. Constructive possession means you know of the firearm’s presence and have the ability to control it, even if it’s in a shared space like a car or home. The prosecution must prove you had knowledge and control.
Can a prior felony conviction from another state be used against me in Virginia?
Yes. Virginia law applies to any conviction for an offense that would be a felony in Virginia, regardless of the state where it occurred. Federal law (18 U.S.C. § 922(g)) also applies to convictions from any state or federal court. A weapons attorney will examine the specifics of your prior conviction to see if any defenses apply.
Are there any defenses to a firearm by felon charge?
Several defenses may apply. Common ones include challenging an illegal search (Fourth Amendment violation), arguing lack of possession or knowledge, proving the firearm was inoperable, or asserting that your civil rights (including firearm rights) were formally restored. The viability of a defense depends entirely on the facts of your case.
Will I go to prison if convicted?
It depends. A first-time state charge is a Class 6 felony with a sentencing range of 1-5 years, but the jury can reduce the penalty to a misdemeanor level (up to 12 months). However, mandatory minimum sentences often apply in federal court. An experienced firearms defense lawyer will fight to avoid a conviction or minimize the potential sentence.
Should I talk to the police if I am investigated for this charge?
No. You have the right to remain silent. Anything you say can be used against you. Politely decline to answer questions and immediately request to speak with a lawyer. Contact a Petersburg VA firearm by felon lawyer from our firm before discussing your case with anyone.