Possession Of An Unregistered Firearm Lawyer in Augusta County, Virginia
Possession of an unregistered firearm in Augusta County is a serious offense under Virginia law, often charged as a felony with severe penalties. If you are facing these criminal charges, you need a strong defense. Law Offices Of SRIS, P.C. has 13 total documented case results across all practice areas in Augusta County.
Virginia Law on Unregistered Firearms
In Virginia, there is no general state registration requirement for most firearms. However, possession becomes a crime under several statutes depending on the circumstances and the individual’s status. The most common charge related to unregistered firearms is possession of a firearm by a convicted felon under Va. Code § 18.2-308.2. This is a Class 6 felony, punishable by 1 to 5 years in prison or, at the jury’s discretion, up to 12 months in jail and a fine of up to $2,500. Other charges can include possession of a sawed-off shotgun or rifle (§ 18.2-300) or carrying a concealed weapon without a permit (§ 18.2-308).
Last verified: April 2026 | Augusta County General District Court | Virginia General Assembly
Official Legal Resources
- Va. Code Title 18.2, Chapter 7 (Weapons) – Official Virginia Law
- Augusta County General District Court – Official Website
Augusta County Court Process for Firearm Charges
Firearm possession charges in Augusta County typically begin with an arrest and an initial appearance before a magistrate. For felony charges like possession by a felon, your first court date will be a preliminary hearing at the Augusta County General District Court located at 6 East Johnson Street, 2nd Floor, Staunton. At this hearing, the Commonwealth must show probable cause that a crime was committed and that you likely committed it. If the judge finds probable cause, your case is certified to the Augusta County Circuit Court for a potential jury trial.
- Arrest & Initial Appearance: You will be taken before a magistrate who will advise you of the charges and set bond conditions.
- Secure Representation: Contact a criminal court lawyer immediately. Do not speak to investigators without your attorney present.
- Preliminary Hearing (Felonies): Attend the hearing in Augusta County General District Court where the prosecution presents evidence.
- Circuit Court Arraignment: If certified, you will be arraigned in Circuit Court and enter a plea of guilty or not guilty.
- Discovery & Motions: Your defense lawyer will review all evidence, file motions to suppress evidence if rights were violated, and negotiate with the prosecutor.
- Trial or Plea: The case will proceed to a jury trial in Circuit Court or be resolved through a plea agreement.
Potential Penalties for Firearm Possession Charges
In Augusta County, possession of a firearm by a convicted felon is a Class 6 felony carrying 1 to 5 years in prison, though a jury can reduce the punishment to up to 12 months in jail and a $2,500 fine.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Firearm by Convicted Felon (Va. Code § 18.2-308.2) | Class 6 Felony | 1-5 years (or up to 12 months) | Up to $2,500 | Loss of firearm rights permanently | Felony record, difficulty finding employment/housing |
| Carrying Concealed Weapon w/o Permit (Va. Code § 18.2-308) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible loss of concealed carry permit eligibility | Misdemeanor record |
| Possession of Sawed-off Shotgun (Va. Code § 18.2-300) | Class 4 Felony | 2-10 years | Up to $100,000 | Loss of firearm rights | Mandatory minimum sentence may apply |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your 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 includes 4,739+ case results with a 93%+ favorable outcome rate. For firearm charges, having a defense lawyer who understands both the law and local court procedures is essential. Our team includes former prosecutors and a former Virginia State Trooper, Bryan Block, who has 15 years of law enforcement experience investigating these very charges. This insider perspective is invaluable for your criminal charges defense.
Case Results in Augusta County
Law Offices Of SRIS, P.C. has 13 total documented case results across all practice areas in Augusta County, with a 100% favorable outcome rate. While specific results in firearm cases depend on unique facts, our firm’s extensive experience in criminal defense provides a strong foundation for handling complex charges like possession of an unregistered firearm.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Augusta County Firearm Defense Lawyers
Our Shenandoah/Woodstock location serves clients at the Augusta County courts. We serve the communities of Staunton, Waynesboro, Fishersville, Stuarts Draft, Verona, and Churchville.
Law Offices Of SRIS, P.C.
Shenandoah/Woodstock Location
505 N Main St, Suite 103
Woodstock, VA 22664
Toll-Free: (888) 437-7747
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
FAQs: Possession of an Unregistered Firearm in Augusta, VA
What is the penalty for a misdemeanor in Augusta County, Virginia?
A Class 1 misdemeanor in Augusta County carries up to 12 months in jail and a $2,500 fine. A Class 2 misdemeanor: up to 6 months/$1,000. Common charges include assault and battery (§ 18.2-57), petit larceny under $1,000 (§ 18.2-96), and driving on suspended (§ 46.2-301). Cases heard at Augusta County General District Court (6 East Johnson Street, 2nd Floor, Staunton, VA 24401). 13 total documented case results across all practice areas (100% favorable outcome rate).
Can criminal charges be expunged in Augusta County, Virginia?
It depends. Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most convictions cannot be expunged. The petition is filed in Augusta County Circuit Court. First-offense marijuana possession may qualify through deferred disposition. 13 total documented case results across all practice areas (100% favorable outcome rate).
How does bail work in Augusta County, Virginia?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors in Augusta County. Secured bond (bail bondsman charges ~10%) is typical for felonies. Bond can be appealed to Augusta County General District Court. Bond amount set by magistrate at arrest — personal recognizance for many first-offense misdemeanors; secured bond typical for felonies (bail bondsman charges approximately 10%); public defender eligibility based on income; court-appointed attorney fee: $120 (misdemeanor) to $445+ (felony).
Do I need a criminal defense lawyer in Augusta County, Virginia?
Yes. Criminal charges in Augusta County are prosecuted by the Commonwealth’s Attorney and heard at Augusta County General District Court (6 East Johnson Street, 2nd Floor, Staunton, VA 24401). Even misdemeanors carry up to 12 months jail and create a permanent criminal record visible to employers. 13 total documented case results across all practice areas (100% favorable outcome rate) Contact SRIS 24/7 at (888) 437-7747 for a Consultation by appointment.
What is the difference between GDC and Circuit Court in Augusta County?
Augusta County General District Court handles misdemeanor trials and felony preliminary hearings. Augusta County Circuit Court handles felony jury trials and appeals from GDC. You have an absolute right to a jury trial in Circuit Court for any offense carrying jail time. Augusta County General District Court (6 East Johnson Street, 2nd Floor, Staunton, VA 24401) is the GDC location.
Internal Links: For more information, see our Virginia Criminal Defense Lawyer hub page. We also assist clients in nearby areas like Shenandoah County. If you are facing other charges, consider our Augusta County DUI Lawyer.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.