Under 18 U.S.C. § 922(g)(1), it is a federal crime for any person convicted of a felony to possess a firearm or ammunition. Law Offices Of SRIS, P.C. has extensive criminal defense experience in Clarke County, Virginia, and provides representation for clients facing these serious charges in the U.S. District Court for the Western District of Virginia.
Felon in Possession Lawyer in Clarke County, Virginia
Understanding 18 U.S.C. § 922(g)(1) — Felon in Possession
The federal statute 18 U.S.C. § 922(g)(1) makes it unlawful for any person who has been convicted of a crime punishable by imprisonment for a term exceeding one year to ship, transport, possess, or receive any firearm or ammunition that has been shipped or transported in interstate or foreign commerce. This law applies to all convicted felons, regardless of the nature of the prior offense. A violation of § 922(g)(1) is a Class C felony under 18 U.S.C. § 924(a)(2), carrying a maximum prison term of 10 years, a fine of up to $250,000, or both. The statute does not require that the firearm be used in a crime — mere possession is sufficient for prosecution. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., “Advocacy Without Borders,” brings 120+ years combined legal experience to every federal criminal defense case.
Last verified: May 2026 | U.S. District Court for the Western District of Virginia | 18 U.S.C. § 922(g)(1) (Cornell LII)
Official Legal References
For the full text of the federal statute, visit the U.S. Attorney’s Office for the Western District of Virginia (justice.gov). For the official federal sentencing guidelines, see the U.S. Sentencing Commission (ussc.gov).
What to Expect in Federal Court for Felon in Possession Charges
In the U.S. District Court for the Western District of Virginia, prosecutors routinely seek indictments for felon in possession cases based on evidence gathered by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The government often relies on prior felony convictions to establish the predicate element of the offense.
- Step 1: Contact a Felon in Possession lawyer in Clarke County immediately upon learning of an investigation or arrest.
- Step 2: Do not consent to any search of your home, vehicle, or electronic devices without a warrant.
- Step 3: Preserve all evidence, including receipts, phone records, and any documentation that may support your defense.
- Step 4: Your attorney will review the indictment for procedural errors and constitutional violations.
- Step 5: File any necessary pretrial motions, such as a motion to suppress evidence obtained through an unlawful search.
- Step 6: Negotiate with the U.S. Attorney’s Office for a favorable plea agreement or prepare for trial.
In Clarke County, Virginia, a felon in possession charge under 18 U.S.C. § 922(g)(1) carries a maximum penalty of 10 years in federal prison, a $250,000 fine, or both.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felon in Possession of a Firearm (18 U.S.C. § 922(g)(1)) | Class C Felony | Up to 10 years in federal prison | Up to $250,000 | Federal firearm prohibition remains in effect | Loss of voting rights, federal employment restrictions, supervised release up to 3 years |
| Felon in Possession of Ammunition (18 U.S.C. § 922(g)(1)) | Class C Felony | Up to 10 years in federal prison | Up to $250,000 | Federal firearm prohibition remains in effect | Loss of voting rights, federal employment restrictions, supervised release up to 3 years |
Results may vary.
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
Case Results in Clarke County
Law Offices Of SRIS, P.C. has 29 documented results in Clarke County: 3 dismissed or not guilty, 18 reduced or amended — a favorable-outcome rate of 72% across all practice areas. While these results reflect our firm’s experience, results may vary depending on the specific facts of each case.
Our Location and Service Area
Our location in Ashburn, VA is approximately 25 miles from the Clarke County General District Court at 104 North Church Street, Berryville, VA 22611, with access via Route 7 and Route 340.
Searching for a felon in possession lawyer near Clarke County? We serve the communities of Berryville and Boyce.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Ashburn Location: 20130 Lakeview Center Plaza, Room 403, Ashburn, VA 20147 | (571) 279-0110
Frequently Asked Questions About Felon in Possession Charges
What is the difference between state and federal charges?
Federal charges are prosecuted by the U.S. Attorney with generally harsher penalties and no parole. An experienced federal defense attorney is critical.
Federal charges are prosecuted by the U.S. Attorney for the Western District of Virginia, with cases heard in the U.S. District Court for the Western District of Virginia. Unlike state charges, federal sentences are governed by the U.S. Sentencing Guidelines (USSG) and carry no parole. An experienced federal defense attorney is critical to handling these complex proceedings.
What is federal criminal court and how is it different in VA?
Federal criminal cases in VA are prosecuted by U.S. Attorneys in U.S. District Court and carry harsher sentencing guidelines than state charges. Law Offices Of SRIS, P.C. handles federal defense — (888) 437-7747.
Federal criminal cases in Virginia are prosecuted by U.S. Attorneys in the U.S. District Court for the Western District of Virginia (Roanoke division) and carry harsher sentencing guidelines than state charges. Law Offices Of SRIS, P.C. handles federal defense — (888) 437-7747.
How do federal sentencing guidelines work in Clarke County, Virginia?
Federal sentencing at U.S. District Court for the Western District of Virginia follows the U.S. Sentencing Guidelines — a points-based calculation using offense level and criminal history category.
Federal sentencing at U.S. District Court for the Western District of Virginia follows the U.S. Sentencing Guidelines — a points-based calculation using offense level and criminal history category. While advisory since Booker (2005), guidelines strongly influence sentencing. Mandatory minimum statutes override downward departures in many drug, firearm, and child exploitation offenses. Acceptance of responsibility, substantial assistance (§ 5K1.1), and safety-valve eligibility materially reduce exposure. Law Offices Of SRIS, P.C. — (888) 437-7747.
How does a Virginia lawyer defend against felon in possession charges?
Defense strategies for felon in possession in Virginia may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors.
Defense strategies for felon in possession in Virginia may include challenging the legality of the search and seizure under the Fourth Amendment, examining procedural compliance by law enforcement, negotiating with prosecutors for a favorable plea agreement, and presenting mitigating factors such as lack of criminal intent. An experienced attorney evaluates the specific facts under 18 U.S.C. § 922(g)(1) to build the strongest possible defense.
What should I do if I am facing felon in possession of a firearm charges in Virginia?
If facing felon in possession of a firearm charges in Virginia, contact a criminal attorney immediately. Do not discuss the case with anyone except your lawyer.
If facing felon in possession of a firearm charges in Virginia, contact a criminal attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The statute of limitations and court deadlines under Virginia law require prompt action.
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