Firearm by Felon Lawyer Colonial Heights
If you face a firearm by felon charge in Colonial Heights, you need a direct defense. This is a Class 6 felony under Virginia law. A conviction carries a mandatory minimum sentence. You require a Firearm by Felon Lawyer Colonial Heights who knows the local court. Law Offices Of SRIS, P.C.—Advocacy Without Borders. provides that defense. Our attorneys challenge the evidence and the stop. We protect your rights in Colonial Heights Circuit Court. (Confirmed by SRIS, P.C.)
Statutory Definition of a Firearm by Felon Charge
The charge is defined by Virginia Code § 18.2-308.2 — Class 6 Felony — Up to 5 years in prison. This statute makes it illegal for any person convicted of a felony to possess, transport, or carry a firearm. The law applies to any firearm, including those in a vehicle. The prosecution must prove you are a convicted felon and you possessed a gun.
Virginia law has no tolerance for felons with weapons. The statute is strictly enforced in Colonial Heights. Possession can be actual or constructive. Constructive possession means you knew about the gun and had control over it. This charge is separate from any other offenses like drug possession. It triggers a separate indictment and trial.
The classification as a Class 6 felony is critical. It is not a misdemeanor. This elevates every aspect of the case. The penalties are severe. The collateral consequences are lasting. You cannot afford to treat this like a minor charge. The court will not treat it that way.
A mandatory minimum sentence applies upon conviction.
Virginia law imposes a two-year mandatory minimum prison term. This applies if you were convicted of a violent felony in the past. The judge has no discretion to suspend this time. You must serve at least two years if convicted. This makes early intervention by a lawyer essential.
The definition of a firearm under Virginia law is broad.
The statute covers any weapon designed to expel a projectile by an explosion. This includes pistols, revolvers, rifles, and shotguns. It also includes antique firearms and starter pistols. The law does not distinguish between operable and inoperable guns. If it meets the design definition, it is a firearm for this charge.
Prior felony convictions from any state qualify.
The prohibition applies to convictions for any felony under Virginia law. It also applies to convictions from any other state or federal court. The prior felony does not need to be a violent crime. Any felony conviction triggers the prohibition under § 18.2-308.2. The prosecution will obtain certified copies of your prior orders.
The Insider Procedural Edge in Colonial Heights
Your case will be heard in the Colonial Heights Circuit Court at 401 Temple Avenue. This court handles all felony matters in the city. The procedural path is set by Virginia law and local rules. You will have an arraignment, pre-trial motions, and potentially a trial. The timeline from arrest to resolution can span several months.
The filing fee for initiating a felony case is set by the state. Procedural specifics for Colonial Heights are reviewed during a Consultation by appointment at our Colonial Heights Location. The court docket moves deliberately. Judges expect attorneys to be prepared and on time. Continuances are not freely given without good cause. Learn more about Virginia legal services.
Local prosecutors in Colonial Heights take these charges seriously. They view them as public safety priorities. They will often seek the maximum penalties allowed. They are less likely to offer favorable plea deals without a fight. Having a lawyer who knows the Commonwealth’s Attorney is an advantage. SRIS, P.C. has that familiarity.
The first court date is typically the arraignment.
You will be formally advised of the charges against you at arraignment. You will enter a plea of not guilty at this stage. The judge will address bond conditions if you are in custody. A preliminary hearing date may be set if you were charged by warrant. The entire process starts moving quickly from this point.
Pre-trial motions can decide the case before trial.
Your criminal defense representation should file motions to suppress evidence. This challenges the legality of the police stop or search. If the gun is thrown out, the case often collapses. Motions to dismiss can also be filed based on legal defects. These motions are argued before the Colonial Heights Circuit Court judge.
A jury trial is your constitutional right.
If no plea agreement is reached, your case proceeds to trial. A Colonial Heights jury will be selected from city residents. The prosecution must prove every element beyond a reasonable doubt. Your defense lawyer will cross-examine police witnesses. They will present your side of the story to the jury.
Penalties & Defense Strategies for a Prohibited Person
The most common penalty range is two to five years in a state penitentiary. A conviction for possession of a firearm by a convicted felon is a felony. It carries severe, lasting consequences beyond jail time. The judge has discretion within the statutory range. Your prior record heavily influences the sentence you receive.
| Offense | Penalty | Notes |
|---|---|---|
| Firearm by Felon (Standard) | 1-5 years prison, or up to 12 months jail and/or $2,500 fine. | Class 6 felony. Judge can suspend some time based on circumstances. |
| Firearm by Felon (Violent Prior) | 2-year mandatory minimum prison, plus up to 3 additional years. | Judge cannot suspend the mandatory 2-year term. Must be served. |
| Possession of Ammunition by Felon | Same as firearm possession. | Separate charge under Va. Code § 18.2-308.2. Same penalty structure applies. |
| Concurrent Charges (e.g., Drugs) | Additional prison time for each separate conviction. | Sentences may run consecutively, extending total incarceration. |
[Insider Insight] Colonial Heights prosecutors consistently seek active jail time for these charges. They argue for the mandatory minimum when it applies. They are resistant to first-time offender programs for this specific offense. An aggressive defense focused on suppressing the evidence is often the only path to a dismissal or reduction.
Defense strategies must be immediate and thorough. We investigate the initial police contact. Was the traffic stop legal? Was there probable cause to search the vehicle? Did you actually possess the firearm, or was it someone else’s? We subpoena dispatch records and officer training files. We challenge every link in the prosecution’s chain. Learn more about criminal defense representation.
Loss of civil rights is a permanent collateral penalty.
A felony conviction results in the loss of your right to vote. You lose the right to serve on a jury. You cannot possess a firearm ever again. It becomes a crime to do so. This disability is for life under current Virginia law unless your rights are restored.
Employment and housing become significantly harder to secure.
You must disclose the felony conviction on most job applications. Many employers will not hire a person with a felony record. Public housing and many private landlords will deny your application. This creates a long-term barrier to rebuilding your life after a conviction. Avoiding the conviction is the primary goal.
The cost of a conviction far exceeds the cost of a defense lawyer.
Fines and court costs are just the beginning. Lost wages from incarceration can devastate a family. Future earning potential is permanently diminished. The financial drain lasts for years. Investing in a strong felon with firearm defense lawyer Colonial Heights from SRIS, P.C. is a strategic decision to protect your future.
Why Hire SRIS, P.C. for Your Colonial Heights Defense
Our lead attorney for these cases is a former prosecutor with over 15 years of trial experience. This background provides an inside view of how the other side builds a case. We know the tactics used by police and prosecutors in Colonial Heights. We use that knowledge to dismantle their evidence before trial.
Primary Attorney: Our Colonial Heights defense team is led by attorneys with decades of combined Virginia court experience. While specific attorney mappings for Colonial Heights are confirmed during intake, our firm’s strength is in its collective depth. SRIS, P.C. assigns attorneys based on specific case needs and local court knowledge. Every attorney on our team is prepared to fight in the Colonial Heights Circuit Court.
SRIS, P.C. has a Location serving Colonial Heights and the surrounding region. We are not a high-volume firm that pushes plea deals. We prepare every case as if it is going to trial. This preparation forces prosecutors to evaluate the weaknesses in their own case. It is the most effective way to secure a favorable outcome.
Our approach is direct and evidence-focused. We do not make empty promises. We provide a clear assessment of your legal situation. We outline the defense strategies available to you. We then execute the chosen strategy with precision. You need a prohibited person gun charge lawyer Colonial Heights who will confront the case head-on. Learn more about DUI defense services.
Localized FAQs on Firearm by Felon Charges
What is the first thing I should do if charged with this in Colonial Heights?
Do not speak to police or investigators. Immediately request a lawyer. Contact SRIS, P.C. to schedule a Consultation by appointment. We will intervene with the court and begin securing evidence.
Can I get a plea deal for a firearm by a felon charge?
Plea deals are possible but difficult in Colonial Heights for this charge. Prosecutors rarely reduce it to a misdemeanor. An aggressive defense is often necessary to force a favorable negotiation.
How long does a typical case take in Colonial Heights Circuit Court?
From arrest to final disposition can take 6 to 12 months. Complex cases with motions may take longer. A direct guilty plea can resolve faster, but is rarely advisable.
What if the firearm wasn’t mine and was in a car I was driving?
This is a common defense. The prosecution must prove you knew the gun was there and had control over it. We challenge their ability to prove this “constructive possession.”
Will I go to jail for a first-time offense of this charge?
Jail or prison is a high probability upon conviction. Active incarceration is the norm, not the exception. A strong defense is your best chance to avoid this result.
Proximity, Call to Action, and Essential Disclaimer
Our legal team serves clients in Colonial Heights, Virginia. Procedural specifics for Colonial Heights are reviewed during a Consultation by appointment at our Location. We are accessible to residents throughout the city and surrounding counties.
If you are facing a firearm charge as a convicted felon, time is critical. Do not wait for your court date to take action. The earlier we begin building your defense, the more options you have.
Consultation by appointment. Call 888-437-7747. 24/7.
SRIS, P.C.
Advocacy Without Borders.
Past results do not predict future outcomes.