Winchester VA Firearm By Felon Lawyer — What Are Your Defense Options?
Possession of a firearm by a convicted felon is a serious federal and state crime in Winchester, VA, under 18 U.S.C. § 922(g)(1) and Va. Code § 18.2-308.2, carrying severe penalties. A Winchester VA firearm by felon lawyer from Law Offices Of SRIS, P.C. provides a strong defense.
What Is a Firearm by Felon Charge in Virginia?
In Virginia, it is illegal for any person who has been convicted of a felony to knowingly possess, transport, or carry any firearm. This prohibition is codified in Va. Code § 18.2-308.2. The law applies broadly to any firearm, including handguns, rifles, and shotguns. A conviction is a Class 6 felony, punishable by a mandatory minimum of two years in prison. This state charge often overlaps with federal law, 18 U.S.C. § 922(g)(1), which carries even longer potential sentences. A Winchester VA firearm by felon lawyer must handle both jurisdictions.
Last verified: April 2026 | Winchester General District Court | Virginia General Assembly
Official Legal Resources
Understanding the statutes is critical. The official Virginia code is available through the Virginia Legislative Information System. For federal court procedures in the Western District of Virginia, which includes Winchester, refer to the U.S. District Court for the Western District of Virginia website.
Local Court Process for Firearm Charges in Winchester
Firearm by felon cases in Winchester typically begin in Winchester General District Court for state charges. The process moves quickly. Federal charges are initiated by indictment and proceed in the U.S. District Court for the Western District of Virginia. Prosecutors in these courts treat firearm possession by felons as a high-priority offense due to public safety concerns.
- Arrest and Initial Hearing: You will be arraigned in Winchester General District Court, where the charges are formally read.
- Preliminary Hearing (Felony): For state felony charges, a hearing is held to determine if there is probable cause to send the case to Circuit Court.
- Grand Jury (Federal): Federal charges require a grand jury indictment before proceeding to trial.
- Pre-Trial Motions: Your weapons attorney will file motions to challenge the legality of the search, seizure, or arrest.
- Trial or Plea Negotiation: The case will either go to trial before a judge or jury, or a negotiated plea may be reached.
- Sentencing: If convicted, sentencing follows, where arguments for mitigation are presented.
Potential Penalties for Firearm Possession by a Felon
In Winchester, possession of a firearm by a convicted felon is a Class 6 felony carrying a mandatory minimum of 2 years in prison and up to 5 years, plus potential loss of civil rights.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Firearm by Felon (VA) | Class 6 Felony | Mandatory 2 years min, up to 5 years | Up to $2,500 | Loss of firearm rights permanently | Loss of voting rights, difficulty finding employment |
| Possession of Firearm by Felon (Federal) | Federal Felony | Up to 10 years (more with prior violent felonies) | Up to $250,000 | Federal firearm prohibition | Supervised release after prison, federal criminal record |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Firearms 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 tagline, “Advocacy Without Borders,” reflects our commitment to defending clients across state and federal lines. We have a documented record of handling complex firearm charges. Our firearms defense lawyer team understands the technical aspects of search and seizure law, which is often the key to a successful defense in these cases.
Case Results and Defense Approach
While specific Winchester case counts are not isolated in our data, our firm-wide record across VA, MD, NJ, NY, and DC includes 4,739+ documented results with a 93%+ favorable outcome rate. Our gun charges lawyer team, led by Kristen Fisher with support from firm founder Mr. Sris, approaches firearm by felon cases by first scrutinizing the legality of the police stop, search, and seizure. We challenge the proof of possession and knowledge, and explore all avenues for suppression of evidence. Every case is unique, and we build a defense strategy specific to the facts of your situation.
Results may vary. Prior results do not aim for a similar outcome.
Winchester Firearm Defense Lawyer Near Me
Our Shenandoah Valley location in Woodstock serves Winchester and is approximately 20 miles from the Winchester General District Court, accessible via I-81. We are a trusted weapon offense defense firm for clients in Winchester and surrounding communities like Stephens City and Middletown.
24/7 Phone Consultations — (888) 437-7747 — Meetings By Appointment Only
Law Offices Of SRIS, P.C.
Shenandoah Valley Location
505 N Main St, Suite 103
Woodstock, VA 22664
Toll-Free: (888) 437-7747 | Local: (540) 459-6190
By appointment only.
Frequently Asked Questions
What is the mandatory sentence for a firearm by felon charge in Virginia?
Yes, there is a mandatory minimum. Under Va. Code § 18.2-308.2, a conviction for possession of a firearm by a convicted felon carries a mandatory minimum sentence of two years in prison. This is a Class 6 felony, with a maximum penalty of five years.
Can a felon ever legally own a gun in Virginia?
It depends. Virginia law allows for the restoration of firearm rights for certain non-violent felons, but the process is complex and requires a petition to the circuit court. Federal law, however, almost always maintains a permanent prohibition. A firearms defense lawyer can advise on your specific eligibility.
What defenses are available for a firearm by felon charge?
Common defenses include challenging the legality of the search (Fourth Amendment violation), arguing you did not have actual or constructive possession of the firearm, questioning the operability of the weapon, or challenging the validity of the underlying felony conviction. A skilled gun charges lawyer will investigate all angles.
If the gun wasn’t on me, can I still be charged?
Yes. Prosecutors can charge based on “constructive possession,” meaning the firearm was found in an area you controlled (like your car or home) and you knew it was there. Mere presence near a gun is not enough, but the prosecution will try to prove knowledge and control.
Will I be charged in state or federal court?
It depends on the circumstances. Both state and federal prosecutors have jurisdiction. Factors include where the arrest occurred, your criminal history, the type of firearm, and whether it was used in another crime. A Winchester VA firearm by felon lawyer must be prepared to defend in either system.