Firearm by Felon Lawyer Madison County — What Are Your Defense Options?
A firearm by felon charge in Madison County is a serious felony under Va. Code § 18.2-308.2, punishable by a mandatory minimum of two years in prison. As a prohibited person gun charge lawyer Madison County, Law Offices Of SRIS, P.C. provides a strong defense for those accused of being a felon with a firearm.
Last verified: April 2026 | Madison County General District Court | Virginia General Assembly
Virginia Law on Firearm Possession by a Felon
Virginia law strictly prohibits any person who has been convicted of a felony from knowingly possessing, transporting, or carrying any firearm. This offense is codified under Va. Code § 18.2-308.2. The statute applies regardless of whether the firearm is functional and includes any weapon designed or intended to expel a projectile by action of an explosion. A conviction carries severe, mandatory penalties, making immediate representation from a firearm by felon lawyer Madison County critical.
Penalties for a Firearm by Felon Conviction in Madison County
In Madison County, a firearm by felon conviction is a Class 6 felony carrying a mandatory minimum of two years in prison, with a maximum penalty of five years.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Firearm Possession by Felon (First Offense) | Class 6 Felony | Mandatory 2-5 years | Up to $2,500 | Loss of firearm rights permanently | Permanent felony record, probation, loss of voting rights |
| Firearm Possession by Felon (Subsequent) | Class 5 Felony | Mandatory 5 years | Up to $2,500 | Loss of firearm rights permanently | Enhanced penalties, longer probation |
Results may vary. Prior results do not guarantee a similar outcome.
Our Defense Strategy for Prohibited Person Gun Charges
Our approach as a firearm by felon lawyer Madison County involves a detailed case analysis. We examine the legality of the search, the chain of custody of the evidence, and the specifics of your prior felony conviction. For a prohibited person gun charge lawyer Madison County, establishing that you lacked knowledge or control over the firearm is often a key defense strategy.
- Initial Case Review: We obtain all police reports, witness statements, and evidence to assess the prosecution’s case.
- Motion to Suppress: If the firearm was discovered through an illegal search or seizure, we file a motion to have the evidence thrown out.
- Challenge Possession: We argue you did not have actual or constructive possession, meaning the firearm was not on your person or within your control.
- Negotiate Reduction: We may negotiate to reduce the charge to a misdemeanor or seek an alternative disposition to avoid the mandatory minimum.
- Trial Preparation: If a fair plea cannot be reached, we prepare a vigorous defense for trial in Madison County Circuit Court.
Why Choose Our Madison County Firearm Defense Team
Founded in 1997, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide track includes 4,739+ case results with a 93%+ favorable outcome rate. We understand the high stakes of a felon with firearm charge and provide focused, aggressive representation.
Bryan Block, Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. Former Virginia State Trooper (15 years). View Bryan Block’s Profile
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Our team also includes Mr. Sris, the firm’s founder and a former prosecutor with a background in accounting and information systems, which is valuable in cases involving complex evidence.
Case Results and Client Advocacy
In Madison County, we have secured favorable outcomes for clients facing serious charges. Our documented approach has resulted in case resolutions that protect our clients’ futures.
Results may vary. Prior results do not guarantee a similar outcome.
Firearm by Felon Lawyer Near Madison County, VA
Our Fairfax location serves clients in Madison County. We are accessible via Route 29 and Route 231. We serve the community of Madison and surrounding areas.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
FAQs: Firearm by Felon Charges in Madison County
What is the penalty for a felon in possession of a firearm in Virginia?
It is a Class 6 felony with a mandatory minimum of two years in prison, up to five years, and a fine up to $2,500. A second offense is a Class 5 felony with a five-year mandatory minimum.
Can the police search my car if they suspect I have a firearm?
It depends. Police need probable cause or a warrant, with limited exceptions. If you are a convicted felon and an officer has reasonable suspicion you are armed and dangerous, they may perform a pat-down. An illegal search can lead to evidence suppression. A firearm by felon lawyer Madison County can file a motion to challenge the search.
What does “constructive possession” of a firearm mean?
Constructive possession means you had knowledge of the firearm and the ability to exercise control over it, even if it wasn’t on your person. For example, a gun found in a car you were driving. The prosecution must prove this knowledge and control beyond a reasonable doubt.
Can my rights to own a firearm ever be restored in Virginia?
For a felony conviction, Virginia does not allow for the restoration of firearm rights at the state level. A federal pardon is required to restore rights under federal law. A prohibited person gun charge lawyer Madison County can advise on your specific situation regarding future possession.
Do I need a lawyer for a firearm by felon charge?
Yes. The mandatory prison sentence makes legal representation essential. A felon with firearm defense lawyer Madison County can challenge the evidence, negotiate for a reduced charge, or prepare a defense for trial to fight the charges against you.
For more information on Virginia criminal law, visit the Virginia Courts website.
Related Pages: Virginia Criminal Defense Lawyer | Fairfax County Criminal Defense Lawyer | Madison County DUI Lawyer
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.