In Augusta County, possessing a firearm as a convicted felon violates Va. Code § 18.2-308.2, a Class 6 felony carrying 1-5 years in prison. Law Offices Of SRIS, P.C. has 13 documented case results across all practice areas in Augusta County. A Firearm by Felon Lawyer Augusta County from our firm can build your defense.
Last verified: April 2026 | Augusta County General District Court | Va. Code § 18.2-308.2 (official Virginia General Assembly)
Statutory Definition of Firearm by Felon in Augusta County
Under Va. Code § 18.2-308.2, it is unlawful for any person convicted of a felony to knowingly and intentionally possess, transport, or carry a firearm. This applies to all felonies, including non-violent offenses. The law prohibits possession of any firearm, including handguns, rifles, and shotguns. A Firearm by Felon Lawyer Augusta County can explain the specific elements the prosecution must prove beyond a reasonable doubt.
External Citation Links
Review the official statute: Va. Code § 18.2-308.2 (official Virginia General Assembly). Visit the Augusta County General District Court website: Augusta County General District Court (.gov).
- Step 1: Initial Appearance — You appear before the Augusta County General District Court at 6 East Johnson Street, 2nd Floor, Staunton, VA 24401. The judge advises you of the charges and sets bond.
- Step 2: Preliminary Hearing — For this felony, the court holds a preliminary hearing within 21-60 days to determine probable cause.
- Step 3: Indictment — If probable cause is found, the case moves to Augusta County Circuit Court for grand jury indictment.
- Step 4: Arraignment — You enter a plea in Circuit Court. Your Firearm by Felon Lawyer Augusta County can negotiate pretrial motions at this stage.
- Step 5: Discovery and Motions — Your attorney reviews evidence and files motions to suppress illegally obtained evidence.
- Step 6: Trial or Plea — The case resolves by jury trial, bench trial, or negotiated plea. A felon with firearm defense lawyer Augusta County pursues the best outcome.
In Augusta County, firearm by felon under Va. Code § 18.2-308.2 carries 1-5 years in prison as a Class 6 felony, with fines up to $2,500.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Firearm by Felon (§ 18.2-308.2) | Class 6 Felony | 1-5 years | Up to $2,500 | None specific | Permanent felony record; loss of firearm rights; federal consequences possible |
Results may vary. Prior results do not guarantee a similar outcome.
Bryan Block, Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. Former Virginia State Trooper (15 years). View Bryan Block’s Profile
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 in Augusta County
Law Offices Of SRIS, P.C. has 13 total documented case results across all practice areas in Augusta County, with a 100% favorable outcome rate. These results include dismissals, reductions, and acquittals. A prohibited person gun charge lawyer Augusta County from our firm works to achieve similar outcomes for you.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Shenandoah/Woodstock Location
505 N Main St, Suite 103, Woodstock, VA 22664
Toll-Free: (888) 437-7747 | Local: (888) 437-7747
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Frequently Asked Questions
What is the penalty for firearm by felon in Augusta County, Virginia?
Yes. A conviction under Va. Code § 18.2-308.2 is a Class 6 felony carrying 1-5 years in prison and up to $2,500 in fines. A Firearm by Felon Lawyer Augusta County can explain sentencing options.
Can a felon ever regain gun rights in Augusta County?
It depends. Virginia allows restoration of firearm rights through a governor’s pardon or circuit court petition under Va. Code § 18.2-308.2. A felon with firearm defense lawyer Augusta County can guide you through this process.
What is constructive possession in Augusta County firearm cases?
Yes. Constructive possession means the prosecution argues you had knowledge and control over the firearm even if not physically holding it. A prohibited person gun charge lawyer Augusta County challenges this element at trial.
Does Augusta County General District Court handle felony firearm cases?
No. Augusta County General District Court handles only preliminary hearings for felonies. The actual trial occurs in Augusta County Circuit Court. Your Firearm by Felon Lawyer Augusta County appears in both courts.
Can a non-violent felony conviction trigger a firearm charge in Augusta County?
Yes. Va. Code § 18.2-308.2 applies to all felony convictions, including non-violent offenses like drug possession or fraud. A Firearm by Felon Lawyer Augusta County can evaluate your specific prior conviction.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.