Firearm by Felon Lawyer Henrico County
A firearm by felon charge in Henrico County is a Class 6 felony with a mandatory five-year prison term. You need a Firearm by Felon Lawyer Henrico County immediately. Law Offices Of SRIS, P.C.—Advocacy Without Borders. defends these serious charges. Our Henrico County Location provides direct legal counsel. We challenge evidence and procedural errors. (Confirmed by SRIS, P.C.)
Statutory Definition of a Firearm by Felon Charge
Virginia Code § 18.2-308.2 defines a firearm by felon charge as a Class 6 felony with a mandatory five-year minimum prison sentence. This statute prohibits any person convicted of a felony from possessing, transporting, or carrying any firearm. The law is absolute and applies regardless of the type of firearm. It includes antique firearms and those not readily operable. The prohibition lasts for life under Virginia law. A separate federal law, 18 U.S.C. § 922(g)(1), also applies. This creates dual jeopardy exposure from both state and federal prosecutors. The charge requires proof of two elements. The prosecution must show you were previously convicted of a felony. They must also prove you knowingly and intentionally possessed a firearm. Possession can be actual or constructive. Constructive possession means you had dominion and control over the firearm. This could be in a vehicle or a home you occupy.
What constitutes “possession” under Virginia law?
Possession means either physical control or the power to control the firearm. Actual possession is having the firearm on your person. Constructive possession is knowing the firearm’s location and having the ability to exercise control over it. This is a critical point for a felon with firearm defense lawyer Henrico County to attack. The prosecution must prove you knew the gun was present. They must also prove you intended to exercise control over it. Mere proximity to a firearm is not enough for a conviction.
Does the type of prior felony conviction matter?
The type of prior felony conviction is generally irrelevant under Virginia Code § 18.2-308.2. Any felony conviction from any state or federal court triggers the prohibition. This includes non-violent felony convictions. It includes convictions from decades ago. The only potential exception is for a felony conviction that has been expunged. A certified restoration of civil rights from the Governor of Virginia may also provide relief. This restoration does not automatically restore firearm rights. You need specific legal authority to possess a firearm again.
What is the difference between state and federal charges?
State charges are prosecuted in Henrico County Circuit Court under Virginia law. Federal charges are prosecuted in the U.S. District Court for the Eastern District of Virginia under federal law. The penalties can stack. You can be charged by both sovereigns for the same act. A prohibited person gun charge lawyer Henrico County must assess both threats. Federal sentencing guidelines are often more severe. Federal prison sentences are typically served far from Virginia.
The Insider Procedural Edge in Henrico County
Your case will be heard at the Henrico County Circuit Court located at 4301 E. Parham Road, Henrico, VA 23228. The court handles all felony firearm charges for the county. The clerk’s Location for the Circuit Court is in the same building. You must file all formal pleadings and motions there. The initial charge is often filed in Henrico County General District Court. A preliminary hearing may be held there. The case is then certified to the Circuit Court for trial. The Henrico County Commonwealth’s Attorney’s Location prosecutes these cases aggressively. They have a dedicated firearms prosecution unit. Local judges are familiar with these serious charges. Procedural specifics for Henrico County are reviewed during a Consultation by appointment at our Henrico County Location.
What is the typical timeline for a firearm by felon case?
A firearm by felon case can take nine months to over a year to resolve. The initial arrest leads to a bond hearing within 24-48 hours. A preliminary hearing in General District Court is usually set within a few months. If the case is certified, a Circuit Court arraignment follows. Discovery and pre-trial motions extend the timeline. Trial dates are often set several months after arraignment. Delays can occur due to court dockets and evidence testing.
What are the court costs and filing fees?
Filing fees for motions in Henrico County Circuit Court are mandated by state law. A fee for filing a plea in bar or other pre-trial motion may apply. The exact cost structure is set by the Virginia Supreme Court. Fines are separate from court costs. If convicted, you will be responsible for court costs. These can total hundreds of dollars. Your attorney will provide a detailed cost breakdown during your case review.
Penalties & Defense Strategies
The most common penalty range is a mandatory five-year active prison sentence. Virginia law imposes harsh mandatory minimums for firearm by felon convictions. The judge has no discretion to suspend any portion of the five-year term if convicted at trial. This makes pre-trial defense and negotiation critical. A conviction also results in the permanent loss of your right to possess firearms. It creates a new felony record that compounds your existing criminal history.
| Offense | Penalty | Notes |
|---|---|---|
| Firearm Possession by Convicted Felon (First Offense) | Class 6 Felony: Mandatory 5-year prison term. | No suspended sentence. Fines up to $2,500. |
| Firearm Possession by Convicted Felon (Subsequent Offense) | Class 5 Felony: Mandatory 5-year prison term. | No suspended sentence. Fines up to $2,500. |
| Possession of Firearm while in Possession of Schedule I/II Drugs | Separate mandatory minimum of 2 years. | Sentences run consecutively to the 5-year term. |
| Federal Charge (18 U.S.C. § 922(g)) | Up to 10 years in federal prison. | Federal sentencing guidelines often dictate longer terms. |
[Insider Insight] The Henrico County Commonwealth’s Attorney takes a hard line on gun cases. They rarely offer reductions that avoid the mandatory minimum without significant use. That use comes from strong suppression motions or evidentiary problems. They prioritize cases where the firearm was used in another crime. They also focus on defendants with recent or violent felony histories. An early and strategic defense is essential.
What are the license and civil implications?
A conviction results in a permanent loss of your right to own or possess a firearm in Virginia. It also constitutes a felony on your criminal record. This affects voting rights, professional licenses, and housing opportunities. You will face significant barriers to employment. Many professional licensing boards will deny applications. Public housing authorities can evict you or deny your application.
What defense strategies can a lawyer use?
A defense lawyer challenges the legality of the search and seizure. The Fourth Amendment protects against unreasonable searches. If the police lacked probable cause or a valid warrant, the evidence can be suppressed. Another strategy is to attack the element of possession. The lawyer argues you did not know the firearm was present. They may also challenge the validity of the prior felony conviction. If the prior conviction was constitutionally defective, it may not count. Your lawyer may negotiate for a reduced charge before indictment. This avoids the mandatory minimum sentence.
Why Hire SRIS, P.C. for Your Henrico County Case
Our lead attorney for firearm charges is a former law enforcement officer with direct trial experience. He understands how police build these cases from the inside. This perspective is invaluable for crafting a defense. SRIS, P.C. has a Location in Henrico County to serve you directly. We provide focused criminal defense representation for serious felonies. Our team knows the local court personnel and procedures.
Attorney Background: Our primary firearm defense attorney has tried over 50 felony cases to verdict. He is a member of the Virginia State Bar and is admitted to practice in all Virginia courts. His background includes extensive motion practice on Fourth Amendment search and seizure issues. He has secured dismissals and favorable outcomes in complex firearm cases.
We assign a dedicated legal team to each case. You will work directly with your attorney, not a paralegal. We conduct independent investigations. We visit alleged crime scenes and interview witnesses. We review all police reports and forensic evidence with a critical eye. Our goal is to find the weakness in the Commonwealth’s case. We then exploit it through aggressive pre-trial motions. We prepare every case as if it is going to trial. This preparation gives us use in negotiations. We are not afraid to take your case before a Henrico County jury.
Localized FAQs for Henrico County
What should I do if I am arrested for a firearm by felon charge in Henrico County?
Remain silent and request a lawyer immediately. Do not answer any police questions. Contact a Firearm by Felon Lawyer Henrico County from SRIS, P.C. as soon as possible. We can intervene at the bond hearing.
Can the mandatory 5-year sentence be reduced or suspended?
No. Virginia law prohibits suspension of any portion of the mandatory five-year prison term upon a conviction at trial. A plea negotiation before trial is the only potential path to avoid it.
How does a prior felony from another state affect my case?
Any out-of-state felony conviction that would be a felony in Virginia triggers the firearm prohibition. The Henrico County Commonwealth’s Attorney will obtain certified records of the conviction for use at trial.
What is the difference between actual and constructive possession?
Actual possession means the firearm was on your person. Constructive possession means you knew of its location and had the ability to control it. The latter is harder for the prosecution to prove beyond a reasonable doubt.
Will I face federal charges as well?
It is possible. The U.S. Attorney’s Location for the Eastern District of Virginia often reviews state firearm cases. They may choose to file parallel federal charges, especially if the facts are egregious.
Proximity, CTA & Disclaimer
Our Henrico County Location is strategically positioned to serve clients throughout the region. We are accessible from I-95 and I-64. The Henrico County Circuit Court is a short drive from our Location. Consultation by appointment. Call 888-437-7747. 24/7. Our legal team is ready to review the details of your firearm charge. Do not delay in seeking DUI defense in Virginia or other critical legal help from our experienced legal team. For broader legal support, consult our Virginia family law attorneys.
Past results do not predict future outcomes.