Firearm by Felon Lawyer Lexington

Statutory Definition of a Felon in Possession Charge

The primary charge is under Virginia Code § 18.2-308.2 — Class 6 Felony — Maximum Penalty of 5 years in prison. This statute makes it illegal for any person convicted of a felony to knowingly possess any firearm. The law applies to all firearms, not just handguns. Possession can be actual or constructive, meaning control over the weapon. A prior felony conviction from any state triggers this law. The prosecution must prove you knew you were a felon and knowingly possessed the gun.

What is considered “possession” under this law?

Possession can be actual physical control or constructive control over a firearm. Actual possession means the firearm is on your person. Constructive possession means you know of the firearm’s presence and have dominion and control over it. This could be a gun in your car or home. The prosecution must prove you had knowledge of the firearm. Mere proximity to a gun is not enough for a conviction. Your Firearm by Felon Lawyer Lexington will challenge the element of knowing possession.

Does the type of prior felony conviction matter?

Any prior felony conviction qualifies under Virginia Code § 18.2-308.2. The nature of the prior felony does not change the current charge. A non-violent felony from decades ago carries the same weight as a recent violent felony. The statute does not distinguish between state and federal felony convictions. Out-of-state felony convictions also count. The only relevant fact is the existence of a final felony conviction. A lawyer must scrutinize the validity of the prior conviction for potential challenges.

Are there any exceptions to this law?

Virginia law provides very few exceptions for felons possessing firearms. One potential exception is a full restoration of civil rights by the Governor. A pardon must specifically include firearm rights. A simple restoration of voting rights is not enough. Federal law may still prohibit possession even with state rights restored. Another narrow exception exists for antique firearms under certain conditions. These exceptions are complex and rarely apply. You need a prohibited person gun charge lawyer Lexington to evaluate any potential defense. Learn more about Virginia legal services.

The Insider Procedural Edge in Lexington Courts

Your case will be heard in the Lexington General District Court located at 3 East Washington Street, Lexington, VA 24450. All felony charges begin in General District Court for a preliminary hearing. The judge determines if there is probable cause to certify the charge to the grand jury. If certified, the case moves to Rockbridge County Circuit Court for trial. The filing fee for a criminal case in Lexington General District Court is $86. The court docket moves quickly, so early intervention by counsel is critical.

Procedural specifics for Lexington are reviewed during a Consultation by appointment at our Lexington Location. The local Commonwealth’s Attorney handles prosecution for these serious charges. The court expects attorneys to be prepared and direct. Continuances are not freely granted without good cause. Evidence, including the firearm and any statements, is presented at the preliminary hearing. Your felon with firearm defense lawyer Lexington can cross-examine witnesses at this stage. A strong defense at the preliminary hearing can sometimes lead to a reduced charge or dismissal.

What is the timeline for a felon in possession case?

A typical case can take several months to over a year to resolve. The preliminary hearing must be held within a reasonable time after arrest. If the case is certified, a grand jury will consider indictment. The Circuit Court trial will be scheduled months after indictment. Pre-trial motions can add significant time to the process. Negotiations with the prosecutor occur throughout this timeline. An experienced attorney can often expedite certain stages. Delays generally do not benefit the defense in felony weapon cases.

What are the local court’s expectations for defendants?

The Lexington General District Court expects defendants to be on time and dressed appropriately. You must remain silent in court unless your attorney advises you to speak. The judge will address your attorney directly for most matters. You should not discuss your case with anyone other than your lawyer. Violating bond conditions will result in immediate arrest. The court views firearm charges by felons as severe matters. Your conduct and appearance in court can influence procedural decisions. Learn more about criminal defense representation.

Penalties & Defense Strategies for a Lexington Charge

The most common penalty range upon conviction is two to five years in prison. Virginia mandates a two-year minimum sentence for this felony. Judges have discretion to impose up to the five-year maximum. Fines can reach $2,500 also to incarceration. A conviction also results in the permanent loss of firearm rights. Probation is not an option for the mandatory minimum portion of the sentence. Supervised release follows any prison term.

[Insider Insight] The Rockbridge County Commonwealth’s Attorney’s Location takes firearm charges seriously. They prioritize cases involving convicted felons. They are often willing to negotiate if the search or arrest had procedural flaws. They rarely offer reductions to misdemeanors for a standard felon-in-possession charge. Their focus is on securing a conviction with prison time. An attorney familiar with their tendencies can identify use points.

What are the main defense strategies for this charge?

Challenge the legality of the search or seizure that found the firearm. The Fourth Amendment protects against unreasonable searches. If the police lacked a warrant or probable cause, the evidence may be suppressed. Argue lack of knowledge or constructive possession. The prosecution must prove you knew the firearm was present and you controlled it. Contest the validity of the predicate felony conviction. If the prior conviction was constitutionally defective, it may not count. Attack the chain of custody or forensic testing of the firearm itself.

How does this charge affect my driver’s license?

A conviction for a felony firearm charge does not directly affect your Virginia driver’s license. The Virginia DMV does not suspend licenses for weapon felonies. However, if you are incarcerated, you cannot drive. A separate charge related to the incident, like eluding police, could lead to suspension. Your driving record remains clean regarding this specific conviction. Focus on the prison penalty, not the license consequence. A felon with firearm defense lawyer Lexington addresses the primary threat of incarceration. Learn more about DUI defense services.

What is the difference between a first and repeat offense?

A first offense under § 18.2-308.2 carries a two-year mandatory minimum prison sentence. A repeat offense has a five-year mandatory minimum prison sentence. The repeat offense applies if you have a prior conviction under this specific statute. A prior felony for a different crime does not trigger the repeat offender enhancement. The sentencing guidelines will be higher for a repeat offender. The prosecutor will be less likely to offer any favorable plea agreement. The stakes are significantly higher for a second charge.

Why Hire SRIS, P.C. for Your Lexington Firearm Charge

Our lead attorney for firearm cases is a former law enforcement officer with direct trial experience. This background provides unique insight into police procedures and evidence handling. We understand how the Commonwealth builds its case from the inside. Our team knows the Lexington and Rockbridge County courtrooms. We prepare every case as if it is going to trial. We do not rely on last-minute plea deals. We attack the prosecution’s evidence from the moment we are retained.

Localized FAQs for a Lexington Firearm Charge

Can a felon ever legally own a gun in Virginia?

What should I do if I am arrested for this charge in Lexington?

How long will a conviction stay on my record?

Will I go to jail before my trial?

What does it cost to hire a lawyer for this case?

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