Possession of a firearm by a convicted felon in New Kent County is a serious felony under Va. Code § 18.2-308.2, carrying a mandatory minimum sentence. Law Offices Of SRIS, P.C. has documented results defending prohibited persons in Virginia. A firearm by felon lawyer New Kent County from our firm can challenge the evidence and protect your rights.
Virginia Law on Firearm Possession by a Prohibited Person
Virginia law strictly prohibits any person convicted of a felony from knowingly possessing, transporting, or carrying any firearm. This statute, Va. Code § 18.2-308.2, is a primary tool for prosecutors in gun crime cases. The charge applies regardless of the type of firearm and can be based on actual or constructive possession. A felon with firearm defense lawyer New Kent County must scrutinize whether the prosecution can prove you knowingly possessed the weapon and that your prior conviction qualifies under the statute.
Last verified: April 2026 | New Kent County General District Court | Virginia General Assembly
Official Legal Resources
For the exact language of the law, refer to the official Va. Code § 18.2-308.2 (official Virginia General Assembly). Court procedures for felony charges in New Kent County are handled by the New Kent County Circuit Court.
Local Court Process for a Firearm by Felon Charge
In New Kent County, a firearm by felon charge typically begins with an arrest and an initial appearance in General District Court for a bond hearing and a preliminary hearing. The case then moves to New Kent County Circuit Court for indictment and potential jury trial. The Commonwealth’s Attorney must prove you are a convicted felon and that you possessed a firearm.
- Arrest & Initial Appearance: You will be taken before a magistrate for a bond determination, then to New Kent County General District Court.
- Preliminary Hearing: The court determines if there is probable cause for the felony charge to proceed to Circuit Court.
- Circuit Court Arraignment: You are formally indicted and enter a plea in New Kent County Circuit Court.
- Pre-Trial Motions: Your attorney files motions to suppress evidence or dismiss the charge based on legal defects.
- Trial or Negotiation: The case proceeds to a jury trial or may be resolved through plea negotiations.
- Sentencing: If convicted, sentencing follows, with mandatory minimum penalties applying.
Potential Penalties for a Firearm by Felon Conviction
In New Kent County, possession of a firearm by a convicted felon is a Class 6 felony, but carries a mandatory minimum penalty of two years in prison.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Possession of Firearm by Convicted Felon (Va. Code § 18.2-308.2) | Class 6 Felony | Mandatory minimum 2 years, up to 5 years | Up to $2,500 | Permanent loss of firearm rights, felony record, impact on parole/probation |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Criminal 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 firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. Our “Advocacy Without Borders” philosophy means we pursue every available defense strategy for our clients.
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
Case Results
In New Kent County, our attorneys have achieved documented results in criminal cases. While every case is unique, our focused defense aims for dismissals, reductions, or not-guilty verdicts. Mr. Sris, the firm’s founder, provides strategic oversight on complex matters.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our New Kent County Firearm Defense Lawyers
Our Richmond location serves clients in New Kent County, with the courthouse accessible via I-64 and Route 33. We are a firearm by felon lawyer New Kent County residents can consult for a strong defense. We serve the communities of New Kent, Providence Forge, and Quinton.
Availability: 24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Firearm by Felon Charge FAQs
What does “constructive possession” mean in a firearm case?
It depends. Constructive possession means you had control or dominion over the firearm, even if it wasn’t on your person. The prosecution must prove you knew of the gun’s presence and had the ability to control it. A prohibited person gun charge lawyer New Kent County can attack this element if the gun was found in a shared space like a car or home.
Can a prior felony from another state count under Va. Code § 18.2-308.2?
Yes. Virginia law considers out-of-state convictions if they would be punishable as a felony in Virginia. The prosecution must properly certify the foreign conviction. A defense lawyer will verify the legitimacy and classification of the prior conviction.
What are common defenses to a firearm by felon charge?
Common defenses include challenging the legality of the search (Fourth Amendment), arguing lack of knowledge or possession, proving the prior conviction does not qualify, or asserting restoration of civil rights. A felon with firearm defense lawyer New Kent County will identify the strongest defense based on case facts.
Is there a mandatory minimum sentence?
Yes. A conviction under Va. Code § 18.2-308.2 carries a mandatory minimum sentence of two years in prison. This minimum cannot be suspended by the judge, making early and aggressive defense critical.
Where will my case be heard in New Kent County?
Firearm by felon cases are felonies. They begin with a preliminary hearing at the New Kent County General District Court (12001 Courthouse Circle) but are tried by a jury in the New Kent County Circuit Court.
Related Legal Help: If you are facing other charges, explore our pages for a DUI lawyer in New Kent County or a criminal defense lawyer in Henrico County. For more information on our statewide practice, visit our Virginia criminal defense hub.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.