Firearm by Felon Lawyer Spotsylvania County — What Are Your Defense Options?
Possession of a firearm by a convicted felon in Spotsylvania County is a serious felony under Va. Code § 18.2-308.2, punishable by a mandatory minimum of 2 years in prison. Law Offices Of SRIS, P.C. provides a strong defense for prohibited person gun charges in Spotsylvania County General District and Circuit Courts.
Virginia Law on Firearm Possession by a Prohibited Person
Virginia law strictly prohibits any person who has been convicted of a felony from knowingly 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 in prison upon conviction. The law applies regardless of how much time has passed since the felony conviction. A separate charge exists for possession of ammunition by a felon under the same code section.
Last verified: April 2026 | Spotsylvania 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 Spotsylvania County General District Court website.
Local Court Process for a Firearm by Felon Charge
In Spotsylvania County, a firearm by felon charge typically begins with an arrest or summons. The case starts in Spotsylvania County General District Court for a preliminary hearing to determine if there is probable cause to certify the felony charge to Circuit Court. Given the mandatory minimum prison term, prosecutors often pursue these charges aggressively. A skilled felon with firearm defense lawyer Spotsylvania County can challenge the evidence at the earliest stage.
- Initial Appearance & Bond Hearing: Appear before a magistrate or judge. Bond may be denied or set high due to the serious nature of the charge.
- Preliminary Hearing (General District Court): The prosecution must show probable cause that you possessed a firearm and have a prior felony conviction.
- Grand Jury & Circuit Court Arraignment: If certified, the case proceeds to Spotsylvania County Circuit Court for a formal indictment and arraignment.
- Pre-Trial Motions & Negotiations: Your attorney files motions to suppress evidence and engages in plea negotiations, which are complex due to mandatory minimums.
- Trial or Disposition: The case proceeds to a jury trial in Circuit Court or is resolved through a negotiated plea agreement.
Potential Penalties for a Firearm by Felon Conviction
In Spotsylvania County, a conviction for possession of a firearm by a convicted felon is a Class 6 felony carrying a mandatory minimum of 2 years in a state correctional facility and a maximum penalty of 5 years.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Possession of Firearm by Convicted Felon (Va. Code § 18.2-308.2) | Class 6 Felony (with mandatory minimum) | Mandatory Minimum: 2 years Maximum: 5 years |
Up to $2,500 | Permanent loss of firearm rights; felony record; impact on employment, housing, and voting rights. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Firearm Charges in Spotsylvania County
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. We understand the severe implications of a prohibited person gun charge and build defenses that challenge the prosecution’s evidence on possession, knowledge, and the validity of the prior conviction. Our team includes attorneys with specific insight into these cases.
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 secondary attorney on complex criminal matters is Mr. Sris, the firm’s founder and a former prosecutor with a multi-state practice and a background that provides an advantage in case strategy.
Case Results & Client Advocacy
While every case is unique, our approach in Spotsylvania County focuses on thorough investigation and aggressive advocacy. We examine all aspects of the charge, from the legality of the search and seizure to the chain of custody of the firearm and the specifics of the prior conviction. Our goal is to seek a reduction or dismissal of charges where possible.
Results may vary. Prior results do not guarantee a similar outcome.
Firearm by Felon Lawyer Near Spotsylvania County
Our Fairfax location serves clients in Spotsylvania County, Chancellor, and Massaponax. We are accessible via I-95 and Route 1. For a firearm by felon lawyer near Spotsylvania County, contact us 24/7.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Frequently Asked Questions
What is the penalty for a felon in possession of a firearm in Virginia?
It is a Class 6 felony with a mandatory minimum prison sentence of two years, a maximum of five years, and a fine up to $2,500.
Can a prohibited person gun charge be reduced in Spotsylvania County?
It depends. While the charge carries a mandatory minimum, an experienced prohibited person gun charge lawyer Spotsylvania County may negotiate based on evidence weaknesses, procedural issues, or your specific history. Outcomes are never guaranteed and require a detailed case analysis.
What if I didn’t know the firearm was in my car or home?
Knowledge is a key element the prosecution must prove under Va. Code § 18.2-308.2. A strong defense often challenges whether you knowingly possessed the firearm. Your attorney will investigate the circumstances to build this argument.
Do I need a lawyer for a firearm by felon charge?
Yes. Given the mandatory prison time and the complexity of the evidence, having a skilled firearm by felon lawyer Spotsylvania County is essential to protect your rights and explore all defense options from the start.
What is the difference between GDC and Circuit Court for this charge?
The case starts in Spotsylvania County General District Court for a preliminary hearing. If probable cause is found, it is certified to Spotsylvania County Circuit Court for a potential jury trial, as you have a right to a jury for any offense with potential jail time.
Related Legal Information
If you are facing other charges, our firm also handles DUI defense in Spotsylvania County and criminal defense in Fairfax County. For more information on Virginia criminal law, visit our Virginia criminal defense hub page.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.