Firearm by Felon Lawyer Chesapeake, VA
If you are facing a charge of firearm possession by a convicted felon in Chesapeake, Virginia, you are confronting a Class 6 felony under Va. Code § 18.2‑308.2. A conviction can result in a prison sentence of one to five years, and if your prior felony was a violent offense, a mandatory minimum two‑year term applies. The Commonwealth’s Attorney for Chesapeake prosecutes these cases in the Chesapeake Circuit Court, and the stakes are serious. Law Offices Of SRIS, P.C. has represented individuals throughout the Hampton Roads region since 1997. Mr. Sris, a former prosecutor, leads a team that includes an Of Counsel with 15 years of prior Virginia State Trooper experience—insight that is valuable when examining the traffic‑stop origins common in these cases. To discuss your situation, reach our Richmond Location at (888) 437‑7747 and request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Under Virginia Code § 18.2‑308.2, possession of a firearm by a convicted felon is a Class 6 felony carrying a term of imprisonment of one to five years. If the prior felony is a violent felony as defined in § 17.1‑805, a mandatory minimum sentence of two years applies.
Source: Va. Code § 18.2‑308.2. Official Virginia Code
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
What Firearm by Felon Means in Chesapeake, Virginia
In Chesapeake, as throughout Virginia, it is unlawful for any person who has been convicted of a felony to knowingly and intentionally possess or transport a firearm. The offense is commonly referred to as “firearm by felon” or “felon in possession of a firearm.” The Chesapeake General District Court handles the initial appearance, bond determination, and preliminary hearing for felony charges, while the Chesapeake Circuit Court, located at 307 Albemarle Drive, conducts the trial. The Commonwealth’s Attorney for the City of Chesapeake prosecutes these matters, and the court is part of the First Judicial District.
The Virginia State Police and local law enforcement in Chesapeake, which includes communities such as Deep Creek, Great Bridge, and Greenbrier, investigate firearm‑possession cases. Because these charges often arise from traffic stops or calls for service, the legality of the search and the chain of custody of the weapon must be scrutinized carefully. A conviction carries potential incarceration, fines, and the permanent loss of firearm rights. Moreover, a felony conviction can affect employment, housing, and professional licenses. Working with an experienced multi‑state firm that understands both the statutory framework and the local court practices is essential.
How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases
Mr. Sris and his Of Counsel evaluate each firearm‑by‑felon case from the moment of arrest. For the Chesapeake court, this means assessing the initial stop, the search that led to the weapon’s discovery, and whether law enforcement followed proper procedures. The Of Counsel team includes a former Virginia State Trooper who served 15 years in law enforcement, a background that provides critical insight into how roadside encounters should be conducted and when investigative steps may have fallen short. That insight often drives motions to suppress evidence or challenges to the credibility of the Commonwealth’s case.
The defense also examines whether the prior felony conviction satisfies the statutory elements. Not all past offenses trigger the possession prohibition; some convictions may be excluded or subject to restoration of rights. Additionally, there may be grounds to negotiate with the prosecutor for an amendment or reduction, particularly if the felony is non‑violent or if there are mitigating circumstances. When a case proceeds to trial, Mr. Sris and his team bring extensive trial experience to the Chesapeake Circuit Court, presenting a thorough defense that addresses every aspect of the charge.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced criminal defense since founding the firm in 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and concentrates his practice on complex criminal matters. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His team of Of Counsel attorneys includes a former Virginia State Trooper whose law enforcement experience informs every firearm‑possession defense. Together, Mr. Sris and his Of Counsel bring multi‑state experience to Chesapeake criminal cases. The firm has documented favorable outcomes in local criminal matters; Results may vary. and prior outcomes do not guarantee a similar result.
Frequently Asked Questions
What is the penalty for firearm by felon in Chesapeake, Virginia?
Possession of a firearm by a convicted felon in Virginia is a Class 6 felony carrying one to five years in prison, with a mandatory minimum two‑year sentence if the prior felony was a violent felony. The charge is prosecuted in the Chesapeake Circuit Court. A Class 6 felony can also be punished by up to 12 months in jail and a fine at the discretion of a jury. The Commonwealth’s Attorney for Chesapeake handles the prosecution, and a conviction results in a permanent criminal record and loss of firearm rights. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
How can a lawyer defend against firearm by felon charges in Virginia?
Defense strategies for firearm by felon in Virginia may include challenging the legality of the search that discovered the weapon, contesting the status of the prior felony conviction, or negotiating with the prosecutor for a reduced charge. Because many arrests arise from traffic stops, an experienced attorney examines whether law enforcement had reasonable suspicion to initiate the stop and probable cause to search. The prior conviction must meet the statutory definition of a felony that triggers the possession prohibition; certain convictions may not. Sometimes a dismissal or acquittal of the underlying felony predicate can weaken the case. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437‑7747.
Can a convicted felon regain firearm rights in Virginia?
Restoration of firearm rights in Virginia is possible through a petition to the Governor for restoration of civil rights and a subsequent application to the circuit court. After restoration of civil rights, including the right to vote and serve on a jury, a person may petition the circuit court for a permit to possess a firearm. The process is not automatic and requires a showing of rehabilitation. An attorney can evaluate eligibility and assist with the petition. Results vary based on individual circumstances. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
What should I do if I am charged with firearm by felon in Chesapeake?
If charged with firearm by felon in Chesapeake, remain silent and request an attorney immediately; do not discuss the case with anyone except your lawyer. Preserve any documentation you have about your prior felony case, including disposition records. An attorney can evaluate the charge, appear with you at the Chesapeake General District Court for the preliminary hearing, and begin building a defense. Early involvement is important to prepare for bond arguments and to challenge the evidence. Reach our Richmond Location at (888) 437‑7747 to request a consultation.
Do I need a lawyer for a firearm by felon charge in Chesapeake, Virginia?
Yes. A firearm by felon charge is a felony that carries a potential prison sentence and a mandatory minimum in many cases; navigating the Chesapeake Circuit Court without counsel is extremely risky. An experienced criminal defense attorney can investigate the stop and search, determine whether the prior conviction supports the charge, negotiate with the prosecutor, and represent you at trial if needed. The legal process involves strict deadlines and procedural rules that can be difficult to manage alone. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
What is the difference between a misdemeanor and a felony firearm charge in Virginia?
Virginia separates firearm offenses by classification: mere unlawful carrying of a concealed weapon may be a Class 1 misdemeanor, while possession by a convicted felon is a Class 6 felony. Felonies are tried in the Circuit Court before a jury, whereas misdemeanors are heard in the General District Court. A felony conviction carries harsher penalties, including potential loss of civil rights and a ban on firearm possession. Misdemeanors, while serious, typically result in shorter jail terms and fines. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Related Chesapeake Criminal Defense Pages:
- Fairfax County Criminal Lawyer
- Fairfax City Criminal Lawyer
- Falls Church Criminal Lawyer
- Prince William County Criminal Lawyer
- Manassas Criminal Lawyer
Official Virginia Resources:
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.