Firearm by Felon Lawyer Rockingham County — What Are Your Defense Options?
Possession of a firearm by a convicted felon in Rockingham County is a serious felony under Va. Code § 18.2-308.2, punishable by a mandatory minimum of 2 years in prison. A firearm by felon lawyer Rockingham County from Law Offices Of SRIS, P.C. can challenge the prosecution’s evidence and protect your rights.
Virginia Law on Firearm Possession by Convicted Felons
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 primary tool for prosecutors in prohibited person gun charge cases. The law applies regardless of how much time has passed since the felony conviction. A conviction carries severe, mandatory penalties, making early intervention by a skilled felon with firearm defense lawyer Rockingham County critical.
Last verified: April 2026 | Rockingham/Harrisonburg General District Court | Virginia General Assembly
Official Legal Resources
- Va. Code § 18.2-308.2 (official Virginia General Assembly)
- Rockingham/Harrisonburg General District Court Website
Defending a Firearm by Felon Charge in Rockingham County
Successfully defending a firearm by felon charge requires a detailed, case-specific approach. In Rockingham County, cases are prosecuted by the Commonwealth’s Attorney and heard at the Rockingham/Harrisonburg General District Court for preliminary hearings, moving to Circuit Court for trial. A key local procedural fact is that the court rigorously examines whether the defendant had “knowing and intentional” possession, which is a required element the prosecution must prove beyond a reasonable doubt. A prohibited person gun charge lawyer Rockingham County will scrutinize the circumstances of the alleged possession, the legality of the search that discovered the firearm, and the validity of the underlying felony conviction.
- Initial Consultation: Discuss the arrest details, your criminal history, and the evidence against you with your attorney.
- Evidence Review: Your lawyer will file for discovery to obtain all police reports, forensic reports, and witness statements.
- Motion Practice: File pre-trial motions to suppress evidence obtained through an unlawful search or seizure.
- Plea Negotiation or Trial: Based on the evidence, your attorney will either negotiate for a favorable plea or prepare a vigorous defense for trial, arguing the prosecution failed to prove an essential element of the crime.
Potential Penalties for a Firearm by Felon Conviction
In Rockingham County, possession of a firearm by a convicted felon is a Class 6 felony carrying a mandatory minimum sentence of 2 years in prison, with a maximum penalty of 5 years.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Firearm by Convicted Felon | Class 6 Felony | Mandatory minimum 2 years; Maximum 5 years | Up to $2,500 | Loss of firearm rights permanently; Loss of voting rights while incarcerated | Permanent felony record; Difficulty obtaining employment/housing; Federal prosecution possible |
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 4,739+ documented case results with a 93%+ favorable outcome rate. We understand the high stakes of a felony firearm charge and provide a strong, strategic defense. Our tagline, “Advocacy Without Borders,” reflects our commitment to aggressive representation for every client.
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 and Client Advocacy
While specific firearm by felon results are protected by confidentiality, our approach is proven. For instance, our team, including experienced attorney Mr. Sris, has successfully defended clients facing serious felony charges by challenging search warrants, negotiating charge reductions, and securing favorable dispositions. We meticulously analyze every detail of the prosecution’s case to identify weaknesses and protect your future.
Results may vary. Prior results do not guarantee a similar outcome.
Firearm by Felon Lawyer Near Rockingham County
Our Shenandoah/Woodstock Location serves clients at the Rockingham County courts in Harrisonburg. We are accessible via I-81 and other major highways. We serve clients in Harrisonburg, Bridgewater, Dayton, Elkton, Timberville, and Broadway.
Law Offices Of SRIS, P.C. — Shenandoah/Woodstock
505 N Main St #103, Woodstock, VA 22664
Toll-Free: (888) 437-7747
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions: Firearm by Felon Charges
What does “possession” mean in a firearm by felon case?
It depends. Virginia law recognizes both actual possession (the firearm is on your person) and constructive possession (you have dominion and control over the area where the firearm is found, like a car or home). The prosecution must prove you knew the firearm was present and had the ability to control it.
Can a prior felony conviction from another state count in Virginia?
Yes. Va. Code § 18.2-308.2 applies to convictions for any crime that would be a felony under Virginia law, regardless of where the conviction occurred. An out-of-state conviction can serve as the predicate felony for a firearm charge in Rockingham County.
Are there any defenses to a firearm by felon charge?
Yes. Common defenses include challenging the legality of the search that found the gun, arguing you did not have knowing possession, proving the firearm was inoperable, or contesting the validity of the underlying felony conviction. A felon with firearm defense lawyer Rockingham County can evaluate which strategies apply to your case.
What is the mandatory minimum sentence?
Two years in prison. A conviction under Va. Code § 18.2-308.2 carries a mandatory minimum sentence of two years of incarceration. The judge has no discretion to suspend or reduce this minimum term, making a strong defense essential.
Can my rights to own a firearm ever be restored?
Under current Virginia law, a person convicted of a felony loses the right to possess a firearm permanently. There is no process for a governor’s restoration of firearm rights for Virginia felony convictions. A pardon from the Governor is the only potential path, which is exceedingly rare.
Internal Resources
For more information, visit our Virginia Criminal Defense Lawyer hub page. We also assist clients in nearby jurisdictions like Shenandoah County. If you are facing other charges, consider our Rockingham County DUI Lawyer services.
Page last verified and updated: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.