Firearm by Felon Lawyer Roanoke County, VA
If you have been charged with possessing a firearm as a convicted felon in Roanoke County, the offense is prosecuted under Virginia Code § 18.2‑308.2 and can lead to prison time, fines, and a lifetime firearm prohibition. The case starts in the Roanoke County General District Court, where a preliminary hearing is held for felony charges, and may proceed to the Roanoke County Circuit Court for trial. Mr. Sris and his Of Counsel, including a former Virginia State Trooper with extensive law-enforcement experience, handle firearm‑by‑felon defense in Roanoke County. Because a conviction carries mandatory minimum prison time in many situations, it is critical to act quickly. To request a consultation about a firearm‑by‑felon matter in Roanoke County, call Law Offices Of SRIS, P.C. at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What to Do If You Are Charged with Firearm by Felon in Roanoke County
An arrest or warrant for firearm possession by a convicted felon is a serious matter. Do not discuss the facts with anyone except your lawyer. Preserve any relevant documents, photographs, or witness information. Contact an experienced Virginia criminal defense attorney as early as possible so that the facts can be evaluated before the preliminary hearing.
Law Offices Of SRIS, P.C., practicing since 1997, handles firearm‑by‑felon defense in Roanoke County. The firm’s approach includes examining the legality of the stop or search, challenging whether the accused actually possessed the firearm under Virginia law, and verifying the validity of the underlying felony conviction. Our Shenandoah/Woodstock location at 505 N Main St, Suite 103, Woodstock, VA 22664 serves clients throughout the Roanoke Valley area. Reach our location by calling (888) 437‑7747.
A conviction for possession of a firearm by a convicted felon in Virginia is a Class 6 felony, punishable by imprisonment for one to five years, or at the discretion of a jury, up to 12 months in jail and a fine of up to $2,500.
Source: Va. Code § 18.2‑308.2. Virginia Code § 18.2‑308.2
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
If the prior felony was a violent felony as defined in Virginia Code § 17.1‑805 and occurred within the preceding 10 years, a mandatory minimum sentence of two years applies. If the firearm was loaded, the mandatory minimum increases to five years.
Source: Va. Code § 18.2‑308.2. Virginia Code § 18.2‑308.2
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Frequently Asked Questions
What is the penalty for firearm possession by a felon in Virginia?
A conviction for possession of a firearm by a convicted felon is a Class 6 felony, carrying one to five years in prison, or up to 12 months in jail and a fine of up to $2,500 at jury discretion. Mandatory minimum sentences apply if the prior felony was a violent felony. Any firearm‑related conviction can also permanently prohibit future firearm ownership. Prosecution occurs in the General District Court for preliminary hearing and the Circuit Court for trial; the Commonwealth’s Attorney’s office handles the case. Because mandatory time may be triggered, early and thorough defense preparation is essential. Results may vary.
How does a lawyer defend against firearm by felon charges?
Defense strategies often focus on challenging the legality of the stop, search, or seizure that led to the discovery of the firearm. If the police acted without reasonable suspicion or probable cause, the evidence may be suppressed. Counsel may also argue that the accused did not actually “possess” the gun (for example, if it belonged to another person and was not under the accused’s control) or that the prior conviction does not qualify as a felony under Virginia law. In some cases, negotiation with the Commonwealth’s Attorney can result in a charge amendment or a disposition that avoids the mandatory minimum. The former Virginia State Trooper on the team brings insight into law‑enforcement procedures that can identify weaknesses in the state’s case.
What should I do if I am facing firearm by felon charges?
Exercise your right to remain silent and contact an experienced criminal defense lawyer immediately. Do not answer questions from law enforcement without counsel present, as any statement can be used against you. Preserve any evidence — such as text messages, photographs, or surveillance footage — that might help show who had control of the firearm. Prompt legal involvement allows your attorney to appear at the arraignment and preliminary hearing in Roanoke County General District Court and to begin investigating potential defenses before the prosecution builds its case.
How does bail work for a firearm by felon charge in Roanoke County?
A magistrate sets bond after arrest based on the nature of the offense and the accused’s ties to the community. For a felony firearm charge, a secured bond is typical, requiring a bondsman who charges a non‑refundable premium. The magistrate may consider whether the accused has a prior record, employment, and family in the area. If bond is denied or set too high, the defendant can request a bond review hearing in the Roanoke County General District Court. An attorney can argue for a lower bond or release on personal recognizance. Results may vary. Contact us at (888) 437‑7747 to discuss your situation.
Can firearm by felon charges be expunged in Virginia?
Virginia law generally does not permit expungement of a conviction for firearm possession by a felon. Expungement is available only for charges that ended in an acquittal, nolle prosequi, or dismissal under Virginia Code § 19.2‑392.2. If the case is dismissed (for example, after a successful suppression motion), the defendant may petition the Roanoke County Circuit Court to expunge the arrest record. For a conviction, relief typically requires a gubernatorial pardon or restoration of rights. An attorney can evaluate whether expungement or sealing is an option in your specific circumstances.
What is the difference between the General District Court and the Circuit Court in Roanoke County?
In Roanoke County, the General District Court handles misdemeanor trials and felony preliminary hearings, while the Circuit Court holds felony jury trials and hears appeals from the GDC. For a felony firearm charge, the case first goes to the GDC for a preliminary hearing where a judge determines whether probable cause exists. If probable cause is found, the case is certified to the Circuit Court for trial. Defendants have an absolute right to a jury trial in Circuit Court. The court sits at 305 East Main Street, Salem, VA 24153 and operates Monday through Friday, 8:00 a.m. To 4:00 p.m.
How long does a criminal case take in Roanoke County?
The timeline for a firearm‑by‑felon case varies depending on court scheduling, motions practice, and whether the case proceeds to trial. Typically, a felony preliminary hearing in the GDC occurs within several weeks after arrest, and if certified, the Circuit Court trial may follow months later. Virginia’s speedy‑trial statute provides certain deadlines, but multiple factors — including continuances, discovery disputes, and negotiations — can affect the overall timeline. Early engagement of counsel helps ensure the matter moves as efficiently as possible while protecting the defendant’s rights. Contact our team at (888) 437‑7747 to discuss what to expect in your case.
Do I need a lawyer for a firearm by felon charge in Roanoke County?
Yes, retaining experienced counsel is strongly advisable because a conviction carries felony consequences that affect your freedom, your record, and your right to own firearms. The mandatory minimum sentences that can apply mean that even a first‑time firearm‑by‑felon charge can result in years of incarceration. A skilled defense attorney can assess the strength of the prosecution’s case, negotiate for a reduction or dismissal if possible, and prepare a defense for trial. Roanoke County cases are prosecuted by the Commonwealth’s Attorney; having a knowledgeable advocate on your side can make a meaningful difference in the outcome. Results may vary.
What are possible defenses to firearm by felon?
Common defenses include lack of actual possession, constructive possession by another person, an unlawful search, or a predicate conviction that does not qualify as a felony. If the firearm was found in a vehicle or residence shared with others, the prosecution must prove the accused knew of the firearm and had dominion and control over it. Where the prior felony was reduced to a misdemeanor or the defendant’s civil rights were fully restored, the charge may be challenged. The defense may also move to suppress evidence if the police violated constitutional protections during the stop or search. Every case is fact‑specific, and early investigation is crucial.
What is the difference between state and federal charges for felon in possession?
State charges are brought under Virginia Code § 18.2‑308.2, while federal charges are prosecuted under 18 U.S.C. § 922(g) by the U.S. Attorney’s Office. Federal sentencing often carries longer prison terms, no parole, and different procedural rules. A federal case may arise if the firearm crossed state lines or if the underlying felony was federal. If both state and federal authorities are investigating, it is critical to have counsel who understands both systems. Law Offices Of SRIS, P.C. handles both Virginia and federal criminal defense. Results may vary.
What happens at the first court appearance in Roanoke County General District Court?
The first appearance, typically an arraignment, is when the defendant is advised of the charge and their right to counsel, and bond may be addressed. In Roanoke County, the General District Court at 305 East Main Street, Salem, VA 24153 is where most first appearances occur for felony firearm charges. If the defendant has not yet retained private counsel, the court will determine eligibility for a court‑appointed attorney. No plea is entered for a felony at this stage; the case is set for a preliminary hearing date. Having private counsel present at this early stage helps ensure that bond arguments and procedural rights are fully protected.
Can a convicted felon ever own a firearm again in Virginia?
Restoration of firearm rights in Virginia requires a gubernatorial petition or a full civil‑rights restoration, which is available under certain conditions. Governor‑granted restoration of rights can restore the right to vote, serve on a jury, and hold public office, but firearm rights are separate and require an additional petition. Virginia law also allows a person to petition the circuit court for a restoration of firearms rights in certain circumstances. The process is fact‑specific and involves a background investigation. Contact our firm at (888) 437‑7747 to discuss whether restoration of firearm rights is possible in your situation.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been practicing criminal defense since 1997. A former prosecutor, he is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). The firm’s Of Counsel include a former Virginia State Trooper who served 15 years in law enforcement, bringing practical insight into police procedures and investigative techniques. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, supported by 4,739+ documented firm-wide results. Results may vary. In Roanoke County, the team has documented three criminal case results, including one dismissal. For a consultation, call (888) 437‑7747.
Criminal defense representation is also available in other Virginia communities: Fairfax County, Prince William County, Falls Church.
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.