Felon in Possession lawyer Near Me
If you are searching for a Felon in Possession lawyer Near Me, you are likely facing federal charges under 18 U.S.C. § 922(g). This statute makes it a crime for anyone previously convicted of a felony to possess a firearm or ammunition. Federal prosecutors pursue these cases actively, often seeking mandatory minimum prison terms. A conviction can bring a sentence of up to ten years in federal prison, substantial fines, and a lengthy term of supervised release. Law Offices Of SRIS, P.C. defends individuals charged with federal felon‑in‑possession offenses in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and the firm’s Of Counsel attorneys appear regularly in U.S. District Courts in those jurisdictions. To request a consultation, reach our firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What a Federal Felon in Possession Charge Means
A federal felon‑in‑possession charge arises when the government alleges that a person with a prior felony conviction knowingly possessed a firearm or ammunition. The offense is prosecuted by the U.S. Attorney’s Office, often after an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) or the Federal Bureau of Investigation (FBI). Because the case is in federal court, the procedural rules, discovery obligations, and sentencing framework are different from those in state court. The government must prove the defendant’s status as a convicted felon, that the item was a firearm or ammunition, and that the defendant knowingly possessed it. The interstate‑commerce element is usually satisfied by evidence that the firearm or ammunition previously traveled across state lines.
The penalties for a felon‑in‑possession conviction are severe. Under 18 U.S.C. § 924(a)(2), a first‑time offender faces up to ten years of imprisonment. If the defendant has certain prior convictions, a mandatory minimum sentence may apply under the Armed Career Criminal Act (18 U.S.C. § 924(e)). In the federal system there is no parole, and good‑time credits are limited. Any sentence will be followed by a term of supervised release. Mr. Sris and the firm’s Of Counsel attorneys understand what is at stake and work to develop a defense that challenges the government’s evidence at every stage.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Federal Felon in Possession Cases
When a potential client contacts our firm about a felon‑in‑possession matter, our first step is to review the charging documents and the underlying facts. Early investigation is essential, because the government may have relied on a search warrant, a traffic stop, or a statement from the accused. Mr. Sris and the firm’s Of Counsel attorneys examine whether the initial stop or search complied with the Fourth Amendment; if law enforcement overstepped, the firearm evidence may be suppressed.
The defense team will also scrutinize the prior felony conviction that forms the predicate for the 18 U.S.C. § 922(g) charge. Not every prior felony automatically qualifies. Some convictions may be too old, may have been expunged, or may fall outside the statute’s definition of a “crime punishable by imprisonment for a term exceeding one year.” In addition, the government must prove that the defendant knowingly possessed the firearm. Constructive possession arguments, lack of knowledge, or competing evidence about who actually controlled the item can all be raised. Throughout the case the firm negotiates with the U.S. Attorney’s Office to explore whether a favorable plea agreement is available. If the case goes to trial, the firm presents a prepared defense, cross‑examines government witnesses, and challenges forensic testimony.
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. Since 1997 he has concentrated his practice on complex criminal defense matters, including federal firearms offenses. His background in accounting and information systems gives him insight into the financial and technical evidence that often appears in federal cases. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). The firm’s Of Counsel attorneys bring additional federal court experience to every matter. Together, Mr. Sris and the firm’s Of Counsel attorneys appear in U.S. District Courts in Virginia, Maryland, the District of Columbia, New Jersey, and New York. To request a consultation, reach our firm at (888) 437-7747.
Frequently Asked Questions
What is a federal felon in possession charge?
It is a federal crime under 18 U.S.C. § 922(g) for a person with a prior felony conviction to possess a firearm or ammunition. The offense is prosecuted in U.S. District Court and can lead to a prison sentence of up to ten years. The charge requires the government to prove the defendant’s felony status, the item’s character as a firearm or ammunition, and knowing possession. Even if the prior conviction occurred in state court and the firearm never crossed state lines, the interstate‑commerce element is usually established by evidence that the firearm was manufactured in another state.
Do I need a lawyer for a felon in possession charge?
Yes. Federal felon‑in‑possession charges carry serious consequences, and you should speak with an attorney as soon as you learn of the investigation or indictment. Federal prosecutors have extensive resources, and the Federal Sentencing Guidelines often result in lengthy incarceration. An experienced federal criminal defense attorney can evaluate the strength of the government’s case, challenge the legality of a search or seizure, and present mitigating evidence that may influence the sentence. Do not discuss the facts with anyone other than your lawyer.
What does the prosecution need to prove in a felon in possession case?
To obtain a conviction, the prosecution must prove beyond a reasonable doubt that (1) the defendant had a prior felony conviction, (2) the defendant knowingly possessed a firearm or ammunition, and (3) the firearm or ammunition had traveled in or affected interstate commerce. The “knowing possession” element means the government must show the defendant was aware of the item and exercised control over it. A defense attorney may contest any of these elements by challenging the validity of the prior conviction, the chain of custody of the evidence, or the reliability of witness testimony.
How can a lawyer defend against a felon in possession charge?
Defense strategies include challenging the legality of the search that uncovered the firearm, arguing that the prior conviction does not qualify under the statute, and showing that the defendant did not knowingly possess the item. In some cases, the defense may present evidence that someone else owned or controlled the firearm, or that the defendant’s connection to the item was fleeting and involuntary. A thorough investigation of the arresting officer’s conduct and the forensic evidence can reveal weaknesses in the government’s case.
What are the possible penalties for a felon in possession conviction?
A first‑time offender faces up to ten years in prison under 18 U.S.C. § 924(a)(2). The actual sentence is determined by the U.S. Sentencing Guidelines, which consider the defendant’s criminal history, the circumstances of the offense, and any acceptance of responsibility. If the defendant has three or more prior violent‑felony or serious‑drug‑offense convictions, the Armed Career Criminal Act mandates a minimum of fifteen years in prison. A conviction also brings a fine, a term of supervised release, and a permanent loss of firearm rights. Because the federal system has no parole, the sentence imposed is the time the defendant will serve, less limited good‑time credits.
How do I find a felon in possession lawyer near me?
Call (888) 437-7747 to request a consultation with Law Offices Of SRIS, P.C. our firm represents clients in federal courts in Virginia, Maryland, the District of Columbia, New Jersey, and New York. When you call, we will ask about your situation and explain how Mr. Sris and the firm’s Of Counsel attorneys can assist. Federal cases move quickly, and early involvement often makes a difference. Do not delay; call today.
Learn more about our federal criminal defense practice: Virginia Federal Criminal Defense | Maryland & D.C. Federal Criminal Defense | New Jersey Federal Criminal Defense | New York Federal Criminal Defense
Relevant statutes and sentencing information: 18 U.S.C. § 922 — Unlawful Acts (possession of a firearm by a prohibited person) | U.S. Sentencing Guidelines | U.S. Courts
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