Firearm by Felon Lawyer Lexington — What Are Your Defense Options?
Possession of a firearm by a convicted felon in Lexington is a serious felony under Va. Code § 18.2-308.2, punishable by a mandatory minimum of 2 years in prison. Law Offices Of SRIS, P.C. has 14 total documented case results across all practice areas in Lexington.
Last verified: April 2026 | Lexington General District Court | Virginia General Assembly
Virginia Law on Firearm Possession by a Prohibited Person
Under Virginia law, it is a felony for any person who has been convicted of a felony to knowingly and intentionally possess or transport any firearm. The statute, Va. Code § 18.2-308.2, applies to all firearms, including those that are antique or inoperable. A conviction carries a mandatory minimum sentence of two years in prison, which cannot be suspended. This makes securing a prohibited person gun charge lawyer Lexington critical from the outset of your case. The charge is prosecuted in the jurisdiction where the possession occurred, which for Lexington residents is typically the Lexington General District Court for preliminary hearings, moving to the Lexington Circuit Court for trial.
Official Legal Resources
For the full text of the law, review Va. Code § 18.2-308.2 (official Virginia General Assembly website). Court procedures and local rules can be found on the Lexington General District Court website.
Local Court Process for a Firearm by Felon Charge in Lexington
In Lexington, these cases begin with an arrest or indictment. The case will start in Lexington General District Court for a preliminary hearing to determine if there is probable cause. If bound over, the case proceeds to Lexington Circuit Court for a jury trial. The Commonwealth’s Attorney must prove you were a convicted felon and that you knowingly possessed a firearm. A felon with firearm defense lawyer Lexington will scrutinize every step, from the initial investigation and search to the chain of custody of the alleged firearm.
- Arrest and Initial Appearance: You will be taken before a magistrate for a bond hearing. Bond may be denied or set high for this charge.
- Preliminary Hearing: Within 21-60 days, a hearing in Lexington General District Court determines if there is enough evidence for a trial.
- Circuit Court Arraignment: If bound over, you will be formally charged and enter a plea in Lexington Circuit Court.
- Pre-Trial Motions: Your attorney will file motions to suppress evidence, challenge the definition of a “firearm,” or question the validity of the prior conviction.
- Trial or Negotiation: The case will proceed to a jury trial or, if in your best interest, your attorney will negotiate for a reduction or alternative disposition.
- Sentencing: If convicted, the court must impose the mandatory minimum sentence, though other factors can influence the total term.
Potential Penalties for a Firearm by Felon Conviction
In Lexington, possession of a firearm by a convicted felon is a Class 6 felony carrying a mandatory minimum of 2 years in prison, with a maximum penalty of 5 years.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Firearm by Convicted Felon | Class 6 Felony | Mandatory 2 years minimum; 1-5 years maximum (or up to 12 months if reduced to misdemeanor by jury) | Up to $2,500 | Loss of right to vote and firearm rights permanently | Permanent felony record; federal prosecution possible; enhanced penalties for future crimes |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Lexington Firearm Charge
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. We understand the severe consequences of a felony firearm conviction and approach each case with a detailed strategy focused on protecting your freedom. Our “Advocacy Without Borders” philosophy means we aggressively defend your rights in the Lexington courts.
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Case Results and Client Advocacy
While specific firearm by felon results are protected by confidentiality, our approach in Lexington is informed by a track record of successful outcomes in serious felony cases. We have secured dismissals, reductions, and favorable plea agreements by meticulously challenging evidence and procedural errors. For instance, Mr. Sris, our managing attorney, provides strategic oversight on complex cases, leveraging his experience as a former prosecutor and his deep understanding of Virginia’s legal system.
Results may vary. Prior results do not guarantee a similar outcome.
Lexington Firearm Defense Lawyer Near You
Our Richmond location serves clients facing charges at the Lexington courts. We are accessible via I-81 and I-64. If you need a firearm by felon lawyer near Lexington, Virginia Military Institute (VMI), or Washington and Lee University, we are here to help. We serve the Lexington community. 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (804)201-9009 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
By appointment only.
Frequently Asked Questions
What is the penalty for a felon in possession of a firearm in Virginia?
It is a Class 6 felony with a mandatory minimum of 2 years in prison, a maximum of 5 years, and a fine up to $2,500. The two-year minimum cannot be suspended by the judge.
Can a felon ever legally possess a firearm in Virginia?
It depends. Virginia law allows for restoration of firearm rights by the Governor or through a pardon. For certain non-violent felons, rights may be restored by a court after a waiting period and petition process. A prohibited person gun charge lawyer Lexington can advise if you are eligible.
What does the prosecution have to prove for a firearm by felon charge?
The Commonwealth must prove three elements beyond a reasonable doubt: 1) You were previously convicted of a felony, 2) You knowingly and intentionally possessed a firearm, and 3) The item possessed meets the legal definition of a firearm. A felon with firearm defense lawyer Lexington attacks each element.
Are there any defenses to a firearm by felon charge?
Yes. Common defenses include challenging the legality of the search (Fourth Amendment violation), arguing you did not knowingly possess the firearm, proving the item was not a functional firearm, or contesting the validity of the predicate felony conviction. An experienced firearm by felon lawyer Lexington will identify the best defense for your case.
Will I go to prison if convicted?
A conviction under Va. Code § 18.2-308.2 carries a mandatory minimum prison sentence of two years. While prison is likely if convicted, an aggressive defense may lead to a case dismissal, reduction, or an outcome that avoids the mandatory time.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
For more information, see our Virginia Criminal Defense Lawyer hub page. We also assist clients in nearby areas like Henrico County and Chesterfield County. For other legal needs in Lexington, consider our DUI defense or family law services.