Firearm by Felon Lawyer Henrico, VA
A charge of possession of a firearm by a convicted felon in Henrico County, Virginia, is a serious felony offense prosecuted vigorously by the Commonwealth’s Attorney under Va. Code § 18.2-308.2. The Henrico County General District Court, located at 4301 East Parham Road, Henrico, VA 23228, handles initial appearances and preliminary hearings, while felony trials proceed in the Henrico County Circuit Court. A conviction—a Class 6 felony—carries a potential prison sentence of one to five years, mandatory minimum sentences that can apply when the prior felony was violent, and the lifetime loss of firearm rights. The firm’s Richmond Location, serving Henrico and surrounding communities across the Fourteenth Judicial District, provides experienced defense representation to individuals facing firearm by felon charges. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Firearm by Felon Means in Henrico County, Virginia
In Henrico County, a firearm by felon charge arises when a person with a prior felony conviction knowingly possesses or transports a firearm. The offense is prosecuted by the Henrico Commonwealth’s Attorney, and cases originate in the Henrico County General District Court before proceeding to the Circuit Court for trial. The court at 4301 East Parham Road serves Henrico County and the surrounding communities of Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and parts of Mechanicsville.
Virginia law prohibits anyone convicted of a felony from possessing a firearm, with no waiting period or exception for hunting or self-defense. The statute is enforced strictly, and even a single round of ammunition can support a charge. Because the Henrico courts handle a significant volume of criminal matters, familiarity with local procedures and the prosecutorial approach of the Commonwealth’s Attorney becomes an important part of mounting a defense.
The consequences of a conviction extend beyond incarceration. A felony record can affect employment, housing, professional licenses, and voting rights. Additionally, a conviction under § 18.2-308.2 triggers a federal firearms disability under 18 U.S.C. § 922(g)(1), making it unlawful to possess any firearm for life. Given these stakes, many individuals seek experienced legal guidance as soon as they become aware of an investigation or charge.
A firearm by felon conviction under Virginia Code § 18.2-308.2 is a Class 6 felony, punishable by imprisonment for one to five years, or up to twelve months in jail at the discretion of the judge or jury. When the prior felony was a violent felony under § 17.1-805 within ten years, a mandatory minimum sentence of two years applies, and if the firearm was loaded, the mandatory minimum rises to five years.
Source: Va. Code § 18.2-308.2. Virginia Code § 18.2-308.2
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
How Mr. Sris and the Firm’s Of Counsel Attorneys Approach Firearm by Felon Cases
Law Offices Of SRIS, P.C. approaches each firearm by felon case by first examining the prosecution’s evidence and the circumstances of the arrest and seizure. The firm’s Of Counsel attorneys, together with Mr. Sris, scrutinize whether law enforcement followed proper procedures in recovering the firearm, whether the stop or search was lawful, and whether the alleged possession can be proven. In Henrico County General District Court, a preliminary hearing is often the first opportunity to challenge the Commonwealth’s evidence before the case is certified to the grand jury.
Defense strategies vary depending on the facts but may include challenging the predicate felony conviction—for example, whether it qualifies as a felony under Virginia law or whether the defendant knew of the firearm’s presence. The firm also investigates whether the prior conviction has been pardoned, expunged, or restored in a way that removes the disability under § 18.2-308.2. In appropriate cases, negotiations with the prosecutor may lead to a reduction of the charge or an agreement that avoids a mandatory minimum sentence. The firm’s deep familiarity with Henrico courts means that procedural deadlines, local rules, and the practices of the court are integrated into case preparation from the outset.
While every case is unique, the firm’s extensive combined legal experience between Mr. Sris and the firm’s Of Counsel attorneys informs a thorough approach that leaves no aspect unexplored. Results may vary.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His background in prosecution, combined with decades of criminal defense experience, informs the firm’s strategic approach to serious felony matters.
The firm’s Of Counsel attorneys bring backgrounds that include former prosecution and law enforcement experience, offering added insight into how the Commonwealth builds its case. For criminal charges in Henrico County, the firm’s Richmond Location serves as the central point of contact, with appearances made at the Henrico County General District Court and Circuit Court as needed.
In Henrico County, the firm has documented eight case results, with all eight resulting in a favorable outcome for the client. Results may vary.
Frequently Asked Questions
Do I need a criminal defense lawyer in Henrico County, Virginia?
Yes, because firearm by felon charges carry possible jail time, a mandatory minimum sentence in many cases, and a permanent felony record that affects employment, housing, and firearm rights. Henrico County General District Court handles preliminary hearings, and the Circuit Court handles felony trials. Without an experienced attorney, navigating the fast-paced criminal docket and prosecutorial tactics in Henrico can put your future at unnecessary risk.
How does a Virginia lawyer defend against firearm by felon charges?
Defense strategies include challenging the legality of the search and seizure, questioning whether the defendant knowingly possessed the firearm, and examining whether the prior felony conviction qualifies under the statute or has been restored through a pardon or right restoration. Attorneys also investigate whether the Commonwealth can prove constructive possession—such as when a firearm is found in a vehicle or home shared with others—and negotiate with prosecutors when the evidence is weak.
What is the penalty for firearm by felon in Virginia?
A first conviction under Va. Code § 18.2-308.2 is a Class 6 felony, punishable by one to five years in prison, or up to twelve months in jail at the discretion of the judge or jury. A mandatory minimum sentence of two years applies if the prior felony was a violent felony under § 17.1-805 and the conviction occurred within the past ten years. If the firearm was loaded, the mandatory minimum increases to five years. The firearm rights loss is permanent unless rights are restored by the Governor.
What should I do if I am facing firearm by felon charges in Henrico County?
Contact an experienced criminal defense attorney in Henrico County immediately; do not discuss the details of the case with anyone except your lawyer. Preserve all relevant documentation—including records of the prior felony disposition and any pardon or restoration paperwork—and be mindful that statements made to law enforcement can be used against you. The statute of limitations is not at issue because these charges are typically brought shortly after discovery, but prompt legal action is critical to preserving all defense options.
Can a convicted felon ever legally possess a firearm in Virginia?
A convicted felon may lawfully possess a firearm in Virginia only if their civil rights—including firearm rights—have been fully restored by the Governor through a restoration of rights petition. A simple pardon or expungement does not automatically restore firearm rights; a specific restoration of firearm privileges is required. Additionally, federal law under 18 U.S.C. § 922(g)(1) independently prohibits firearm possession by convicted felons, and a state restoration may not always lift the federal disability.
How does Henrico County handle a first-time firearm by felon case?
Henrico County processes firearm by felon cases through the General District Court for initial appearances and preliminary hearings, after which a grand jury indictment sends the case to Circuit Court for trial. First offenders may explore whether the Commonwealth’s Attorney will consider a plea to a reduced charge, though mandatory minimums limit plea-bargaining flexibility. The firm’s familiarity with the Henrico courts, including the local procedural calendar and prosecutorial practices, helps in presenting the strong case at each stage.
For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.
Related criminal defense resources: Richmond criminal defense | Chesterfield criminal lawyer | Hanover criminal attorney | Henrico weapons charges
Virginia primary sources: Va. Code § 18.2-308.2 – Firearm possession by felon | Henrico County General District Court | Henrico County Circuit Court
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.