Firearm by Felon Lawyer in Powhatan County, Virginia — What Are Your Defense Options?
Possession of a firearm by a convicted felon in Powhatan County is a serious felony under Va. Code § 18.2-308.2, punishable by a mandatory minimum of 2 years in prison. As a prohibited person gun charge lawyer Powhatan County, Law Offices Of SRIS, P.C. provides a strong defense for these charges.
Virginia Law on Firearm Possession by a Convicted Felon
Virginia law strictly prohibits any person who has been convicted of a felony from knowingly and intentionally possessing, transporting, or carrying any firearm. This statute, Va. Code § 18.2-308.2, is a Class 6 felony, but carries a mandatory minimum sentence of two years imprisonment upon conviction. The law applies regardless of where the prior felony conviction occurred, as long as it would be punishable as a felony in Virginia. Defenses can include challenging whether the item was a firearm, whether the possession was knowing and intentional, or the validity of the underlying felony conviction.
Last verified: April 2026 | Powhatan County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the statute, review Va. Code § 18.2-308.2 (official Virginia General Assembly website). Court information and procedures can be found on the Powhatan County Courts website.
Local Court Process for a Firearm by Felon Charge in Powhatan County
In Powhatan County, a firearm by felon charge typically begins with an arrest or summons. The case will start in the Powhatan County General District Court for a preliminary hearing. Because it is a felony, the case will almost certainly be certified to the Powhatan County Circuit Court for a jury trial. The Commonwealth’s Attorney for Powhatan County prosecutes these cases aggressively due to the mandatory minimum sentence. A felon with firearm defense lawyer Powhatan County can file motions to suppress evidence or challenge the charge before trial.
- Initial Arrest & Bond Hearing: You will be taken before a magistrate who sets bond. Given the felony nature, securing a bond often requires a hearing.
- General District Court Preliminary Hearing: Your case is presented in Powhatan County GDC. The judge determines if there is probable cause to certify the felony to Circuit Court.
- Circuit Court Arraignment: In Powhatan County Circuit Court, you formally enter a plea of not guilty.
- Pre-Trial Motions & Discovery: Your attorney files motions (e.g., to suppress evidence) and exchanges evidence with the prosecutor.
- Plea Negotiation or Trial: Your lawyer negotiates with the Commonwealth’s Attorney for a possible plea to a lesser charge. If no agreement is reached, the case proceeds to a jury trial.
- Sentencing (if convicted): A conviction under § 18.2-308.2 triggers a mandatory minimum of 2 years in a state correctional facility.
Potential Penalties for a Firearm by Felon Conviction
In Powhatan County, a conviction for possession of a firearm by a convicted felon is a Class 6 felony with a mandatory minimum prison sentence of two years and a maximum penalty of up to five years imprisonment.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Firearm by Convicted Felon (Va. Code § 18.2-308.2) | Class 6 Felony | Mandatory Minimum 2 years; Maximum 5 years | Up to $2,500 | Loss of firearm rights permanently; impacts professional licenses | Permanent felony record; loss of voting rights until restored; ineligible for certain public benefits and housing |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Firearm Charge 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 over 4,739 documented case results with a favorable outcome rate exceeding 93%. We understand the high stakes of a firearm by felon charge in Powhatan County and provide a case-specific defense focused on protecting your freedom.
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 & Client Advocacy
Law Offices Of SRIS, P.C. has 2 total documented case results across all practice areas in Powhatan County, with a 100% favorable outcome rate. Our team, which includes former prosecutor Kristen Fisher, works to achieve the best possible result, whether through dismissal, reduction of charges, or favorable plea negotiations.
Results may vary. Prior results do not guarantee a similar outcome.
Firearm by Felon Lawyer Near Powhatan County
Our Richmond location serves clients facing charges at the Powhatan County courts. We are accessible via Route 522 and Route 60. We provide legal representation to individuals throughout the Powhatan community.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (804)201-9009 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
By appointment only.
Frequently Asked Questions: Firearm by Felon Charges in Powhatan 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 2 years in prison, a maximum of 5 years, and a fine up to $2,500 under Va. Code § 18.2-308.2.
Can a felon ever legally possess a firearm in Virginia?
It depends. Virginia law allows for restoration of firearm rights by the Governor or through a pardon. For certain non-violent felons, rights may be restored by a court after a waiting period and petition process. This is complex and requires specific legal steps.
What if I didn’t know the gun was in my car or house?
A key element the prosecution must prove is that you knowingly and intentionally possessed the firearm. Your attorney can argue you lacked knowledge or control over the weapon, which can be a defense to the charge.
Do I need a lawyer for a firearm by felon charge in Powhatan County?
Yes. The mandatory prison sentence makes this one of the most serious charges you can face. A prohibited person gun charge lawyer Powhatan County is essential to challenge the evidence, negotiate with prosecutors, and protect your rights at every stage.
What happens at the preliminary hearing in Powhatan County General District Court?
The judge reviews the evidence to decide if there is probable cause that a felony was committed and that you committed it. It is not a trial, but a critical stage where your attorney can challenge the Commonwealth’s case and argue for dismissal or reduction of charges.
Related Legal Information
If you are facing a firearm by felon charge, you may also want to learn about Virginia criminal defense. For charges in nearby areas, see our pages for a criminal defense lawyer in Henrico County or a criminal defense lawyer in Chesterfield County. For other legal needs in Powhatan, consider a DUI lawyer in Powhatan County.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.