Firearm by Felon Lawyer Henrico County
If you are a felon charged with a firearm offense in Henrico County, you face a mandatory minimum prison sentence. A Firearm by Felon Lawyer Henrico County from Law Offices Of SRIS, P.C.—Advocacy Without Borders. is critical. Virginia law treats these charges with extreme severity. SRIS, P.C. provides aggressive defense in Henrico County courts. You need immediate legal intervention. (Confirmed by SRIS, P.C.)
Statutory Definition of a Felon in Possession Charge
Virginia Code § 18.2-308.2 defines the core offense of a felon possessing a firearm. This statute is a Class 6 felony with a mandatory minimum two-year prison term. The law prohibits any person convicted of a felony from knowingly possessing any firearm. This includes handguns, rifles, and shotguns. The statute also covers ammunition and explosive materials. The prohibition applies regardless of where the firearm is found. Possession in a vehicle or home is still illegal. The law makes no exception for felons who feel they need protection. The charge stands even if the firearm was not used. The prosecution must prove you are a convicted felon. They must also prove you knowingly possessed a firearm. Knowledge is a key element the defense can challenge. The mandatory minimum sentence is non-negotiable upon conviction. Judges have no discretion to suspend that portion. This makes early defense strategy essential. A Firearm by Felon Lawyer Henrico County must attack the commonwealth’s evidence immediately.
Va. Code § 18.2-308.2 — Class 6 Felony — Mandatory Minimum 2 Years Prison. This statute criminalizes the possession, transportation, or carrying of any firearm or ammunition by any person convicted of a felony. The law extends to any “stun weapon” as defined. It is a separate offense for each firearm possessed. The mandatory minimum applies to each conviction.
What is the mandatory minimum sentence?
The mandatory minimum is two years in a state correctional facility. This is for a first offense under Va. Code § 18.2-308.2. The judge cannot suspend this two-year period. Any sentence imposed must be at least two years active incarceration. This is also to any other penalties or fines.
Does the type of prior felony matter?
Yes, the nature of the prior felony conviction can increase penalties. A prior conviction for a violent felony under Virginia law triggers a mandatory five-year minimum. This is per Va. Code § 18.2-308.2. Non-violent felony convictions carry the standard two-year minimum. The commonwealth’s attorney will review your criminal history thoroughly.
What constitutes “possession” under the law?
Possession can be actual or constructive. Actual possession means the firearm is on your person. Constructive possession means you knew of the firearm’s presence and had control over it. The firearm could be in a shared car or house. The prosecution must prove you had knowledge and control. A skilled Henrico County defense lawyer can challenge this proof. Learn more about Virginia legal services.
The Insider Procedural Edge in Henrico County
Your case will be heard in the Henrico County Circuit Court or General District Court. The Henrico County Circuit Court is located at 4301 E. Parham Road, Henrico, VA 23228. Misdemeanor charges may start in General District Court. Felony charges are indicted and tried in Circuit Court. The local procedural timeline is aggressive. Arraignments occur quickly after arrest. Preliminary hearings are scheduled within a short window. Filing fees and court costs are standard but add up. The Henrico Commonwealth’s Attorney’s Location prosecutes these cases vigorously. They seek the mandatory minimum sentences. Early filing of motions is a critical defense step. Motions to suppress evidence can be filed before trial. A motion to challenge the legality of a search is common. The court’s docket moves swiftly. You need a lawyer familiar with the local clerks. Procedural specifics for Henrico County are reviewed during a Consultation by appointment at our Henrico County Location.
What is the typical timeline for a case?
A felony case can take several months to over a year to resolve. The initial appearance is within days of arrest. The preliminary hearing occurs if held in custody. The grand jury indictment follows if probable cause is found. Trial dates in Circuit Court are set months in advance. Delays can occur from motion filings and negotiations.
Can the charge be reduced to a misdemeanor?
No, the charge under § 18.2-308.2 is a felony by statute. The commonwealth’s attorney cannot reduce it to a misdemeanor. The charge is not eligible for reduction under Virginia law. The only potential for a misdemeanor is if the original charge was incorrect. A defense lawyer must find flaws in the case early.
Penalties & Defense Strategies for a Henrico County Charge
The most common penalty range is two to five years in prison for a first offense. Penalties escalate sharply with prior convictions or violent felonies. Fines can reach $2,500 for a Class 6 felony. The court will also impose a period of supervised probation. Loss of civil rights is automatic upon conviction. You cannot vote or serve on a jury. The court may order forfeiture of the firearm. A conviction creates a permanent federal prohibition on gun ownership. A prohibited person gun charge lawyer Henrico County must build a multi-front defense. Learn more about criminal defense representation.
| Offense | Penalty | Notes |
|---|---|---|
| First Offense (Non-Violent Felon) | 2-5 years prison | Mandatory 2-year minimum active sentence. Fine up to $2,500. |
| Prior Violent Felony | 5-year mandatory minimum | Per Va. Code § 18.2-308.2. Sentence can exceed 5 years. |
| Possession of Firearm & Schedule I/II Drug | Additional mandatory 2 years | Consecutive sentence under Va. Code § 18.2-308.4(B). |
| Repeat Offender | Enhanced sentencing guidelines | Prior convictions increase sentencing range under Virginia guidelines. |
[Insider Insight] The Henrico Commonwealth’s Attorney’s Location has a low tolerance for gun charges involving felons. They routinely seek the maximum allowable penalties. They are less likely to offer favorable plea deals on the core charge. Their focus is on securing the mandatory incarceration. Defense strategy must therefore focus on winning at trial or getting evidence suppressed. Negotiations often center on related charges, not the firearm charge itself.
What are the long-term consequences of a conviction?
A conviction permanently bars you from legally owning a firearm. It severely limits employment in many fields. It can affect housing applications and professional licensing. You will lose your right to vote in Virginia. The felony record will appear on all background checks. It can also impact child custody and visitation determinations.
Can I get my gun rights restored in Virginia?
Virginia does not allow restoration of firearm rights for felony convictions. The prohibition is lifetime under state law. A pardon from the Governor is the only potential path. Federal law also imposes a lifetime ban. A felon with firearm defense lawyer Henrico County cannot promise restoration. The goal is to avoid the conviction entirely.
Why Hire SRIS, P.C. for Your Henrico County Firearm Charge
Our lead attorney for firearm offenses is a former prosecutor with direct trial experience in Virginia courts. This background provides insight into how the commonwealth builds its cases. We know the tactics used by local police and prosecutors. SRIS, P.C. has a Location in Henrico County to serve clients directly. We focus solely on building your defense from the first meeting. We file aggressive pre-trial motions to challenge evidence. We scrutinize the legality of every search and seizure. We examine the chain of custody for the firearm. We challenge the proof of your prior felony conviction. Our team prepares every case as if it is going to trial. This preparation often leads to better outcomes during negotiations. We communicate the realities of your case clearly. You will know the strengths and weaknesses of the commonwealth’s evidence. We fight the charge at every procedural stage. Learn more about DUI defense services.
Lead Firearms Defense Attorney: Our primary attorney for these charges has extensive Virginia court experience. This attorney has handled numerous felony firearm possession cases. The attorney’s background includes both defense and prosecution roles. This dual perspective is invaluable in Henrico County. The attorney understands local sentencing trends and judge preferences.
Localized FAQs for Firearm by Felon Charges in Henrico County
What should I do if I am arrested for this in Henrico County?
Remain silent and request a lawyer immediately. Do not discuss the case with anyone. Contact a Firearm by Felon Lawyer Henrico County from SRIS, P.C. as soon as possible. We will intervene at the jail or during arraignment.
Can I be charged if the gun was in my house but not on me?
Yes. Constructive possession applies if you knew of the gun and could control it. The charge is the same as if it was in your hand. The commonwealth must prove your knowledge and control beyond a reasonable doubt.
What if my felony conviction was from another state?
Any felony conviction from any U.S. jurisdiction triggers the Virginia law. The out-of-state conviction must be a felony under that state’s law. The Henrico prosecutor will obtain certified records of the conviction. Learn more about our experienced legal team.
Is there a difference between a handgun and a long gun?
No. The law prohibits possession of any firearm. This includes rifles, shotguns, and handguns. The type of firearm does not change the elements of the charge under § 18.2-308.2.
How does a lawyer challenge a felon in possession charge?
A lawyer challenges the legality of the search that found the gun. They attack the proof that you are the convicted felon. They challenge the evidence that you knowingly possessed the firearm. They file motions to suppress evidence before trial.
Proximity, CTA & Disclaimer
SRIS, P.C. has a Location serving Henrico County and the surrounding region. Our team is familiar with the Henrico County Courthouse and local procedures. We provide direct, focused representation for felony firearm charges. Consultation by appointment. Call 24/7. Our legal team will review the details of your arrest and charges. We will explain the specific statutes you face. We will outline a potential defense strategy for your case. Do not delay in seeking legal counsel. The mandatory penalties require an immediate and forceful response.
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