Virginia Gun Crime Lawyer — What Are Your Defense Options?
A gun charge in Virginia is a serious matter with severe penalties. As a Virginia Gun Crime Lawyer, we understand the details of statutes like Va. Code § 18.2-308.2 (possession by a convicted felon). The Law Offices Of SRIS, P.C. provides a strong defense against these charges, which can include mandatory prison time and permanent loss of firearm rights.
Virginia Gun Crime Laws and Penalties
Virginia treats firearm offenses with significant severity. The core statute, Va. Code § 18.2-308.2, makes it a felony for any person convicted of a felony to knowingly possess any firearm. 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 common charges include carrying a concealed weapon without a permit (Va. Code § 18.2-308) and use or display of a firearm in the commission of a felony (Va. Code § 18.2-53.1), which carries a mandatory minimum sentence.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s firearm laws, review Va. Code § 18.2-308.2 (official Virginia General Assembly). For court procedures and forms, visit the Virginia Judicial System website.
Strategic Defense for Gun Charges in Virginia
Successfully defending a gun crime requires a case-specific approach. A key procedural fact in Virginia is the state’s strict enforcement and severe mandatory minimums for certain offenses. An experienced criminal attorney will scrutinize every detail, from the legality of the search and seizure to the chain of custody of the firearm and the specific intent required for the charge.
- Secure Immediate Representation: Contact a defense lawyer before speaking to investigators to protect your rights.
- Case Analysis: Your attorney will review the arrest circumstances, search warrants, and evidence for constitutional violations.
- Investigate Defenses: Potential defenses include lack of knowledge, unlawful search, mistaken identity, or restoration of rights.
- Negotiation or Trial: Based on the evidence, your lawyer will negotiate for reduced charges or prepare a vigorous trial defense.
Potential Penalties for Virginia Gun Crimes
In Virginia, gun crimes carry severe penalties ranging from mandatory minimum prison sentences to permanent felony records.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Firearm by Convicted Felon | Class 6 Felony | 1-5 years (or up to 12 months) | Up to $2,500 | Permanent loss of firearm rights | Felony record |
| Carrying Concealed Weapon (without permit) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Loss of concealed carry permit eligibility | Misdemeanor record |
| Use of Firearm in Commission of Felony | Separate Felony | Mandatory minimum 3 years (second offense: 5 years) | Court discretion | Permanent loss of firearm rights | Sentence consecutive to underlying felony |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Criminal Charges Defense
Founded in 1997 by a former prosecutor, 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 gun charge and provide dedicated advocacy focused on protecting your rights and future.
Case Results and Client Advocacy
Our firm-wide results across VA, MD, NJ, NY, and DC include 4,739+ documented cases with a 93%+ favorable outcome rate. While every case is unique, our team, including seasoned attorneys like Kristen M. Fisher, a former Maryland Assistant State’s Attorney, works collaboratively to challenge evidence and seek the best possible resolution for charges ranging from misdemeanor weapons offenses to complex felonies.
Results may vary. Prior results do not aim for a similar outcome.
Virginia Gun Crime Defense Lawyer Near You
Our Fairfax location is centrally located to serve clients across Northern Virginia. We provide representation for gun charges heard in courts statewide. Contact us for a 24/7 phone consultation to discuss your case with a Virginia Gun Crime Lawyer.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Available 24/7: (888) 437-7747 — Meetings by appointment only.
Frequently Asked Questions
What is the penalty for a first-time gun charge in Virginia?
It depends on the specific charge. A first-time offense for carrying a concealed weapon is a Class 1 misdemeanor, punishable by up to 12 months in jail. However, possession of a firearm by a convicted felon is a Class 6 felony, carrying 1-5 years in prison, regardless of it being a first offense for that specific crime.
Can a gun charge be reduced in Virginia?
Yes. An experienced criminal court lawyer can often negotiate to reduce charges, such as arguing for a misdemeanor unlawful possession charge instead of a felony, especially if there are issues with the evidence or the defendant’s lack of prior violent history.
Is there a mandatory minimum sentence for gun crimes in Virginia?
Yes. Certain offenses, like using or displaying a firearm while committing a felony (Va. Code § 18.2-53.1), carry mandatory minimum prison sentences of 3 years for a first conviction and 5 years for a second, which must be served consecutively to the sentence for the underlying felony.
Can I get my gun rights restored in Virginia after a conviction?
It is extremely difficult. Virginia law generally prohibits firearm possession by anyone convicted of a felony. Restoration of rights requires a pardon from the Governor specifically restoring firearm rights, which is rarely granted. A skilled defense lawyer focuses on avoiding the conviction in the first place.
Should I talk to the police if I’m arrested on a gun charge?
No. You have the right to remain silent and the right to an attorney. Politely invoke both rights. Anything you say can be used against you. Contact a Virginia Gun Crime Lawyer immediately to ensure your defense begins before you make any statements.