Firearm by Felon Lawyer Roanoke, VA

A charge of firearm possession by a convicted felon in Roanoke, Virginia, is a serious felony. A conviction can lead to incarceration, a permanent criminal record, and the loss of civil rights. Law Offices Of SRIS, P.C. represents defendants facing such charges throughout the Roanoke Valley. Mr. Sris, a former prosecutor and the firm’s founder, and his Of Counsel team bring extensive combined legal experience to firearm‑by‑felon cases. The firm handles matters in all Roanoke‑area courts—from the General District Court where a felony charge is first heard, through the Circuit Court trial and, if necessary, the appellate process. To request a consultation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Firearm by Felon Means in Roanoke

Virginia law—specifically Virginia Code § 18.2‑308.2—makes it a crime for any person who has been convicted of a felony to knowingly possess a firearm. The offense is prosecuted actively by the Commonwealth’s Attorney for the City of Roanoke. In the Roanoke City Circuit Court, which has jurisdiction over felony cases, the prosecution must prove beyond a reasonable doubt that the defendant had a prior felony conviction and that the defendant knowingly had a firearm on or about their person. The legal definition of “firearm” encompasses not only handguns and rifles but also many other types of weapons that meet the statutory definition.

The penalties that flow from a conviction are significant. The statute classifies the offense as a Class 6 felony, and it imposes enhanced mandatory minimum terms when the underlying felony was a violent offense. These consequences underscore why every person charged with this offense in Roanoke should speak with an experienced defense attorney at the earliest opportunity.

The Roanoke courts follow the same procedural structure as other Virginia courts. A felony charge begins with an initial appearance and a preliminary hearing in the General District Court. If the court finds probable cause, the case is certified to the Circuit Court, where the felony is tried before a judge or jury. Throughout this process, deadlines are governed by the Virginia Rules of Criminal Procedure, and missing a deadline can have serious consequences. Because every case is unique, speaking with counsel who regularly appears in Roanoke courts can help a defendant understand the timeline and the options available at each stage.

How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases

Mr. Sris and his Of Counsel team begin each firearm‑by‑felon case with a thorough review of the evidence. They examine the traffic stop or other police encounter that led to the recovery of the weapon, looking for constitutional issues such as an unlawful search or seizure. They also scrutinize the predicate felony conviction to determine whether it is the type of conviction that triggers the prohibition under § 18.2‑308.2—some prior offenses, for example, may be too old to serve as a predicate or may not meet the statutory definition of a disqualifying crime.

After this initial analysis, the team develops a strategy tailored to the specific facts. In some cases, the strongest approach is to file a motion to suppress evidence if the police violated the defendant’s Fourth Amendment rights. In other cases, the focus shifts to negotiation with the Commonwealth’s Attorney, exploring whether the charge can be reduced to a lesser offense or whether the Commonwealth will agree to a sentence that avoids the mandatory minimum. If the case proceeds to trial, the team is prepared to challenge the prosecution’s evidence, present mitigating circumstances, and advocate for the most favorable possible outcome.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., established the firm in 1997. A former prosecutor, he brings firsthand insight into how the Commonwealth builds its cases. He has spent decades representing individuals charged with criminal offenses in Virginia and is admitted to practice 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).

Mr. Sris is joined by his Of Counsel team, attorneys who bring extensive combined legal experience to every criminal matter. Together, they have handled matters across multiple practice areas since 1997. Results may vary. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437‑7747.

Frequently Asked Questions

What is the penalty for firearm possession by a felon in Virginia?

Possession of a firearm by a convicted felon in Virginia is a Class 6 felony with a sentencing range of one to five years, or up to 12 months in jail at the jury’s discretion. A mandatory minimum two‑year sentence applies if the defendant was previously convicted of a violent felony within the prior ten years. The court may also impose fines and other conditions. The actual sentence in any given case depends on the facts and the defendant’s criminal history.

Can a felon ever possess a firearm legally in Virginia?

Virginia law prohibits any person convicted of a felony from possessing a firearm unless their civil rights have been restored by the Governor. Restoration of rights is a separate process that is not automatic; it requires a petition and a showing of rehabilitation. Even after rights are restored, federal law may still impose restrictions. Anyone who is unsure about their eligibility should consult an attorney before acquiring or handling a firearm.

Do I need a lawyer if I am charged with firearm by felon in Roanoke?

Yes—a felony conviction carries severe consequences including incarceration, fines, loss of civil rights, and a permanent criminal record. An experienced firearm‑by‑felon lawyer can examine the evidence, identify legal defenses, and work to protect your freedom. Handling the matter without counsel is risky because the prosecution will be represented by an experienced Commonwealth’s Attorney. Early legal intervention often preserves options that might otherwise be lost.

How does the court process work in Roanoke for a felony firearm charge?

A felony firearm case in Roanoke begins with an initial appearance and a preliminary hearing in the General District Court, where the judge decides whether probable cause exists. If the case is certified, it moves to the Roanoke City Circuit Court for trial. The defendant then enters a plea, and the court sets a trial date. The defendant has the right to a jury trial in the Circuit Court. The entire process may take several months depending on the court’s calendar and the complexity of the case.

What defenses are available against a charge of firearm possession by a felon?

Defenses may include challenging the legality of the search that led to the firearm’s discovery, arguing that the defendant did not knowingly possess the weapon, or establishing that the prior conviction does not meet the statutory criteria. For example, if the police lacked a warrant or reasonable suspicion to stop the defendant, the evidence may be suppressed. Additionally, some prior felony convictions—such as those that have been expunged or for which rights have been restored—may not trigger the prohibition.

How do I contact a firearm by felon lawyer in Roanoke?

You can reach Law Offices Of SRIS, P.C. at (888) 437‑7747 to request a consultation. A member of the firm’s team will discuss your situation, explain the relevant law, and help you understand your options. The firm’s attorneys are available to speak with you 24 hours a day, seven days a week, and consultations are by appointment. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.

Related Roanoke Criminal Defense Pages:
Roanoke Assault Defense |
Roanoke DUI Defense |
Roanoke Drug Offense Defense |
Roanoke Criminal Defense Overview

Authoritative Virginia Sources:
Virginia Code Title 18.2 – Crimes and Offenses |
Virginia’s Judicial System

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