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Firearm by Felon Lawyer James City County — What Is Your Best Defense?
A firearm by felon charge in James City County under Va. Code § 18.2-308.2 carries up to 5 years in prison. Law Offices Of SRIS, P.C. has 5 documented case results in James City County. A strong defense can challenge the underlying conviction or the possession element.
Virginia Law on Firearm Possession by a Prohibited Person
Under Va. Code § 18.2-308.2, it is a Class 6 felony for any person convicted of a felony to knowingly possess a firearm. The law also applies to those under a protective order or convicted of certain misdemeanors involving domestic violence. A conviction carries a mandatory minimum 5-year sentence for certain prior violent felonies. The statute broadly defines “firearm” to include any weapon that expels a projectile by gunpowder.
Last verified: April 2026 | Williamsburg/James City County GDC | Virginia General Assembly
Official Resources & Court Information
- Va. Code § 18.2-308.2 (official Virginia General Assembly) — the primary statute for firearm possession by a prohibited person.
- Williamsburg/James City County General District Court — where misdemeanor and preliminary felony hearings are held.
Insider Procedural Edge: Handling a Firearm by Felon Case in James City County
In James City County, the Commonwealth’s Attorney often seeks enhanced penalties for firearm possession. The court at 5201 Monticello Ave handles preliminary hearings for felonies. Your defense can challenge the legality of the search or the validity of the underlying conviction.
- Initial Appearance: You appear before the magistrate at the Williamsburg/James City County GDC. Bond is set.
- Preliminary Hearing: Within 21-60 days, the court determines if probable cause exists for the felony charge.
- Indictment: If probable cause is found, the case moves to James City County Circuit Court for a grand jury.
- Arraignment: You enter a plea in Circuit Court. Pretrial motions are scheduled.
- Trial or Plea: The case proceeds to jury trial or a negotiated plea. A strong defense can lead to dismissal or reduction.
In James City County, a firearm by felon conviction under Va. Code § 18.2-308.2 carries a penalty range of 1-5 years in prison and a fine up to $2,500.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Firearm by Felon | Class 6 Felony | 1-5 years (mandatory minimum 5 years for prior violent felonies) | Up to $2,500 | None specific | Loss of firearm rights; federal prohibition; immigration consequences |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Firearm by Felon Defense?
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. has over 120 years of combined attorney experience. Our team includes former Virginia State Trooper Bryan Block and former Maryland Assistant State’s Attorney Kristen Fisher. We have 4,739+ documented case results firm-wide with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3 (equitable distribution statute), demonstrating deep legislative knowledge. We provide case-specific strategies for firearm by felon charges in James City County.
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 James City County
Law Offices Of SRIS, P.C. has 5 total documented case results across all practice areas in James City County, with a 100% favorable outcome rate. Firm-wide, we have 4,739+ case results with a 93%+ favorable outcome rate. Results may vary. Prior results do not guarantee a similar outcome.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond Location serves clients at James City County courts (5201 Monticello Ave).
Distance: Our Richmond location is approximately 50 miles from the Williamsburg/James City County GDC, accessible via I-64 and Route 199.
Near Me: Firearm by Felon lawyer near James City County.
Neighborhoods Served: Williamsburg, Norge, Toano, Lightfoot.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
NAP: Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions About Firearm by Felon Charges in James City County
Q: Can a firearm by felon charge be reduced in James City County?
Yes. A skilled lawyer can negotiate a plea to a lesser charge like possession of a firearm by a prohibited person (misdemeanor) or seek dismissal if the search was unlawful. The Commonwealth’s Attorney may agree to a reduction if the underlying conviction is old or non-violent.
Q: What is the penalty for a first-time firearm by felon offense in James City County?
It depends. A first offense under Va. Code § 18.2-308.2 is a Class 6 felony carrying 1-5 years in prison. If the prior felony was violent, a mandatory minimum 5-year sentence applies. The court may consider a suspended sentence with probation.
Q: How long does a firearm by felon case take in James City County?
It depends. A preliminary hearing in General District Court occurs within 21-60 days. If the case moves to Circuit Court, a trial typically happens within 3-9 months. Speedy trial rights require trial within 9 months if you are incarcerated.
Q: Can I get a firearm by felon charge expunged in James City County?
No. Virginia law under Va. Code § 19.2-392.2 only allows expungement for acquittals, dismissals, or nolle prosequi. A conviction for firearm by felon cannot be expunged. However, a dismissal or acquittal can be sealed.
Q: Do I need a lawyer for a firearm by felon charge in James City County?
Yes. A felony conviction carries a mandatory minimum sentence and permanent loss of firearm rights. An experienced lawyer can challenge the evidence, negotiate a reduction, or seek a diversion program. Contact SRIS 24/7 at (888) 437-7747.
Last verified: April 2026. Information updated as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.