In Albemarle County, a firearm by felon charge under Va. Code § 18.2-308.2 is a Class 6 felony carrying 1-5 years in prison. Law Offices Of SRIS, P.C. has 1 documented result in Albemarle County. A Firearm by Felon Lawyer Albemarle County can challenge unlawful possession allegations.
Virginia Code § 18.2-308.2 prohibits any person convicted of a felony from knowingly possessing a firearm. This statute applies in Albemarle County and across Virginia. The law covers any weapon designed to expel a projectile by action of an explosive. A conviction under this section carries mandatory minimum sentencing for certain prior offenses. The Commonwealth must prove both the prior felony conviction and the knowing possession of a firearm. Defenses include lack of knowledge, constructive possession disputes, and constitutional challenges under the Second Amendment.
Last verified: April 2026 | Albemarle County General District Court | Va. Code § 18.2-308.2 (official Virginia General Assembly)
Review the official statute at Va. Code § 18.2-308.2 (official Virginia General Assembly). Court procedures are available at the Albemarle County General District Court website.
Albemarle County General District Court handles preliminary hearings for felony firearm possession charges. The Commonwealth’s Attorney must present evidence of a prior felony conviction and knowing possession. Your felon with firearm defense lawyer Albemarle County can file motions to suppress evidence obtained through unlawful search or seizure.
- Arrest and initial appearance before the magistrate at Albemarle County courts.
- Bond hearing at Albemarle County General District Court (350 Park Street).
- Preliminary hearing within 21-60 days to determine probable cause.
- Indictment by grand jury if probable cause is found.
- Arraignment and pretrial motions in Albemarle County Circuit Court.
- Trial or plea negotiation before the Circuit Court judge.
In Albemarle County, firearm by felon under Va. Code § 18.2-308.2 carries 1-5 years in prison as a Class 6 felony.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Firearm by Felon | Class 6 Felony | 1-5 years | Up to $2,500 | None | Loss of firearm rights; federal prohibition |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and firm-wide 4,739+ documented case results with a 93%+ favorable outcome rate. Our tagline is “Advocacy Without Borders.” Our attorneys include former prosecutors and law enforcement officers who understand how the Commonwealth builds firearm possession cases.
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
Secondary attorney: Kristen M. Fisher — Of Counsel (Former Prosecutor). Former Assistant State’s Attorney in Maryland with firsthand prosecutorial experience. She brings deep insight into case construction and courtroom dynamics.
In Albemarle County, Law Offices Of SRIS, P.C. has 1 documented result: 1 reduced/amended (100% favorable outcome rate).
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond Location serves clients at Albemarle County courts (350 Park Street), accessible via I-64, Route 29, Route 250, and Route 20. Search for a prohibited person gun charge lawyer Albemarle County near the University of Virginia or Downtown Charlottesville. We serve Charlottesville area, Crozet, Earlysville, Ivy, and North Garden. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Ste 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
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Q: Can a firearm by felon charge be reduced in Albemarle County?
Yes. Under Va. Code § 18.2-308.2, a Class 6 felony can be reduced to a misdemeanor at the court’s discretion. Your Firearm by Felon Lawyer Albemarle County can negotiate for a reduced charge or alternative sentencing.
Q: What is the penalty for a firearm by felon in Albemarle County?
It depends. A Class 6 felony carries 1-5 years in prison and up to a $2,500 fine. Mandatory minimums apply for certain prior violent felony convictions. The court has discretion to reduce the charge to a misdemeanor.
Q: Do I need a lawyer for a firearm by felon charge in Albemarle County?
Yes. A felony conviction carries prison time and permanent loss of firearm rights. A felon with firearm defense lawyer Albemarle County can challenge the evidence and negotiate for reduced charges or dismissal.
Q: Can a firearm by felon charge be expunged in Albemarle County?
It depends. Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Convictions generally cannot be expunged. A prohibited person gun charge lawyer Albemarle County can advise on eligibility.
Q: How does bail work for a firearm by felon charge in Albemarle County?
A magistrate sets bond after arrest. Secured bond is typical for felonies, with a bail bondsman charging approximately 10%. Bond can be appealed to Albemarle County General District Court. Personal recognizance is less common for felony charges.
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for updated guidance.