Firearm by Felon Lawyer Henrico County — What Are Your Legal Options?
A firearm by felon charge in Henrico County under Va. Code § 18.2-308.2 carries 1-5 years in prison. Law Offices Of SRIS, P.C. has 8 documented results in Henrico County. A Firearm by Felon Lawyer Henrico County can challenge the legality of the search or the validity of your prior conviction.
Statutory Definition of Firearm by Felon in Henrico County
Under Virginia law, it is unlawful for any person who has been convicted of a felony to knowingly and intentionally possess, transport, or carry a firearm. The primary statute is Va. Code § 18.2-308.2, which makes it a Class 6 felony. A conviction carries a mandatory minimum sentence of 1 year in prison, with a maximum of 5 years. The law applies to any firearm, including handguns, rifles, and shotguns. The prosecution must prove beyond a reasonable doubt that you knew you possessed the weapon and that you had a prior felony conviction. A Firearm by Felon Lawyer Henrico County can examine whether the Commonwealth can meet this burden.
Last verified: April 2026 | Henrico County General District Court | Va. Code § 18.2-308.2 (official Virginia General Assembly)
External Legal Resources
- Va. Code § 18.2-308.2 (official Virginia General Assembly) — The primary statute defining firearm possession by a convicted felon.
- Henrico County General District Court — The court where preliminary hearings and misdemeanor trials occur.
Insider Procedural Edge for Henrico County
In Henrico County General District Court, prosecutors often rely on constructive possession theories. This means they argue you had the ability to exercise control over the firearm, even if it was not on your person.
A felon with firearm defense lawyer Henrico County knows that challenging constructive possession requires showing you did not know the weapon was present or lacked the ability to control it.
- Step 1: Initial Appearance. You appear before a magistrate who sets bond. For firearm by felon charges, bond is often secured due to the mandatory minimum sentence.
- Step 2: Preliminary Hearing. In General District Court, the Commonwealth must show probable cause. Your lawyer can cross-examine the arresting officer about the search.
- Step 3: Indictment. If probable cause is found, the case moves to the Henrico County Circuit Court grand jury for indictment.
- Step 4: Arraignment. You enter a plea in Circuit Court. A not guilty plea preserves your right to challenge the evidence.
- Step 5: Discovery and Motions. Your lawyer files motions to suppress evidence if the search was illegal. This is often the strongest defense.
- Step 6: Trial or Plea. If the motion to suppress fails, you may negotiate a plea to a lesser charge or proceed to trial.
Penalty Table for Firearm by Felon in Henrico County
In Henrico County, a firearm by felon conviction under Va. Code § 18.2-308.2 carries a mandatory minimum of 1 year in prison, up to 5 years, and a fine of up to $2,500.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Firearm by Felon | Class 6 Felony | 1-5 years (mandatory minimum 1 year) | Up to $2,500 | Driver’s license suspension possible | Loss of firearm rights; difficulty finding employment; federal charges possible |
Results may vary. Prior results do not guarantee a similar outcome.
Case Results in Henrico County
Law Offices Of SRIS, P.C. has 8 documented results in Henrico County: 7 dismissed or not guilty, 1 reduced or amended — a 100% favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Our Henrico County Location
Our Richmond Location serves clients at Henrico County courts (4301 East Parham Road), accessible via I-64, I-95, and I-295.
Looking for a prohibited person gun charge lawyer Henrico County? We are near the Short Pump Town Center and Innsbrook Corporate Center.
We serve Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville (partial).
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions About Firearm by Felon Charges in Henrico County
Can a firearm by felon charge be reduced to a misdemeanor in Henrico County?
Yes, in some cases. If the underlying felony is reduced to a misdemeanor, or if you successfully complete a first offender program under Va. Code § 19.2-303.2, the charge may be reduced or dismissed. A Firearm by Felon Lawyer Henrico County can evaluate your eligibility.
What is the mandatory minimum sentence for firearm by felon in Henrico County?
It depends. Under Va. Code § 18.2-308.2, the mandatory minimum is 1 year in prison. However, if you have two or more prior felony convictions, the mandatory minimum increases to 5 years. A Firearm by Felon Lawyer Henrico County can review your record.
Can I own a firearm again after a firearm by felon conviction in Henrico County?
No, not automatically. A felony conviction results in a permanent loss of firearm rights under both Virginia and federal law. You may petition for restoration of rights through the governor’s office, but this is a lengthy process. A Firearm by Felon Lawyer Henrico County can advise on options.
What defenses are available for a firearm by felon charge in Henrico County?
Common defenses include challenging the legality of the search, arguing you did not know the firearm was present (lack of knowledge), or proving the firearm was not actually a firearm under the law. A Firearm by Felon Lawyer Henrico County can identify the strongest defense for your case.
How long does a firearm by felon case take in Henrico County?
It depends. A typical case takes 3-9 months from arrest to resolution. The preliminary hearing occurs within 21-60 days, and the trial in Circuit Court follows within 3-9 months. Virginia speedy trial rights require trial within 9 months if you are incarcerated.
Related Resources
Last verified: April 2026. Information updated as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.