Felon in Possession lawyer New Kent County, VA

Federal firearms offenses carry serious consequences, and a conviction under the “felon in possession” statute can alter a person’s future. For someone facing this charge in New Kent County, Virginia, understanding the federal court process and securing experienced legal counsel from the outset is essential. The federal prosecutors in the Eastern District of Virginia pursue these cases vigorously, and the U.S. Sentencing Guidelines impose substantial exposure even for a first-time federal offender. Mr. Sris and his Of Counsel team represent individuals charged with federal firearms offenses throughout Virginia, including those whose cases proceed through the Richmond Division of the U.S. District Court for the Eastern District of Virginia, which covers New Kent County. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation about your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Understanding Federal Felon in Possession Charges in New Kent County

Federal law prohibits anyone who has been convicted of a felony from possessing, transporting, or receiving any firearm or ammunition. The primary statute is 18 U.S.C. § 922(g), and a conviction carries significant potential penalties, including imprisonment and fines determined by the federal sentencing guidelines. Unlike many state-level charges that proceed in Virginia’s General District or Circuit Courts, a federal felon-in-possession case is handled entirely within the U.S. District Court for the Eastern District of Virginia. For New Kent County residents, the case is most often managed at the Richmond Division courthouse, located at 701 E. Broad Street.

An investigation that leads to a federal firearms charge typically begins with a federal agency — such as the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the FBI, or the Drug Enforcement Administration — often in coordination with local law enforcement. Because New Kent County lies along the I-64 corridor between Richmond and Williamsburg, routine traffic stops by state or county officers can escalate when a firearm is discovered and the driver or passenger has a prior felony record. Once federal authorities adopt the case, the procedural clock begins with the requirement that a grand jury indictment be returned within 30 days of arrest under the Speedy Trial Act, and trial must commence within 70 days of indictment, subject to excludable delays. The presence of a prior felony — whether from Virginia, another state, or even a federal jurisdiction — triggers the charge, and the government need not prove that the defendant used the firearm or intended any harm; mere knowing possession is enough.

How Mr. Sris and His Of Counsel Handle Federal Firearms Cases

Federal criminal defense differs markedly from state court practice. The procedural rules are tighter, the resources of the prosecution are immense, and the U.S. Sentencing Guidelines prescribe advisory ranges that can carry decades of incarceration. Mr. Sris and his Of Counsel approach each felon-in-possession case by first examining the government’s evidence with a focus on whether the underlying search or seizure complied with the Fourth Amendment. Many federal firearms cases arise from vehicle stops, and a suppression motion can be a decisive tool when law enforcement exceeded constitutional limits.

Beyond the motion phase, the team evaluates whether the prior felony conviction is a valid predicate under the statute, scrutinizes the chain of custody for any firearm or ammunition, and explores whether any exception or affirmative defense might apply — for example, the narrow defense of necessity or duress, though these are rarely successful in this context. When trial is not in the client’s interest, Mr. Sris and his Of Counsel engage early with the Assistant United States Attorney to present mitigating facts, including the defendant’s background, the circumstances of the offense, and any acceptance of responsibility that can reduce the advisory Guideline calculations. Sentencing hearings in the Eastern District of Virginia are conducted before a U.S. District Judge with broad discretion under the post-Booker regime, and effective advocacy at that stage can materially affect the outcome.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been practicing federal criminal defense since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background as a former prosecutor gives him insight into how the government builds its cases and where the weaknesses often lie. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He leads the firm’s federal criminal practice and personally strategizes each felon-in-possession matter in New Kent County.

All other attorneys who work on federal firearms cases serve as Of Counsel, a designation that reflects their engagement as non-employee professionals with substantial experience in federal court. The team includes former state law enforcement and seasoned litigators who have handled cases in the Eastern District of Virginia for many years. Together, Mr. Sris and his Of Counsel bring focused multi-state experience to federal firearms defense, helping clients navigate the overlapping demands of federal criminal procedure, sentencing advocacy, and life-planning after a criminal conviction. For a consultation, reach the firm at (888) 437-7747.

Frequently Asked Questions

What is the federal definition of felon in possession?

Federal law makes it illegal for any person convicted of a felony to possess, transport, or receive any firearm or ammunition. The prohibition is set out in 18 U.S.C. § 922(g), and it applies regardless of whether the underlying felony is violent or non-violent. The government must prove the defendant had a prior felony conviction, that the defendant knew of the firearm’s presence, and that the firearm had traveled in or affected interstate commerce — a requirement the courts interpret broadly. Even temporary handling of a firearm can constitute possession. Federal prosecution is separate from any state charge for the same conduct, and the penalties are often more severe because the federal system abolished parole and imposes sentencing guidelines that can result in lengthy incarceration.

What should I do if I am under investigation for a federal firearm offense in New Kent County?

If you learn you are under investigation, do not speak to any law enforcement agent without an attorney present and immediately contact a federal criminal defense lawyer. Federal agents may attempt an interview before charges are filed, and statements made during that interview can be used against you later. Preserve any documentation or evidence you have but do not discuss the case with anyone except your lawyer. Because New Kent County cases are often initiated after a traffic stop or search, it is critical to have counsel evaluate whether your constitutional rights were respected and to guide you through the pre-indictment phase, which can include grand jury proceedings where you will not have the opportunity to present your side.

Can a felon-in-possession charge be fought on the basis of an illegal search?

Yes, if the firearm was discovered as a result of an unlawful search or seizure, the evidence may be suppressed and the charges dismissed. The Fourth Amendment protects against unreasonable searches, and federal courts strictly enforce the requirement that police have probable cause or a valid warrant. In many firearm cases arising from New Kent County traffic stops, the defense team closely examines whether the officer had reasonable suspicion to initiate the stop and whether the search of the vehicle exceeded the scope of the stop. A successful suppression motion can disable the prosecution’s entire case because without the firearm, there is often no other evidence of possession. Mr. Sris and his Of Counsel have experience litigating these motions in the Eastern District of Virginia.

How does the federal sentencing process work for a firearm possession conviction?

Sentencing is determined by the U.S. Sentencing Guidelines, which calculate a range based on the offense level and the defendant’s criminal history, but the judge has discretion to depart or vary from the guidelines. For a felon-in-possession conviction under 18 U.S.C. § 922(g), the base offense level is driven by the defendant’s prior record and any enhancements — such as whether the firearm was stolen, whether it was used in connection with another felony, or whether the defendant has prior violent felony convictions. The guidelines also consider acceptance of responsibility, which can reduce the range if the defendant pleads guilty. Unlike Virginia state courts, there is no parole in the federal system, so the sentence imposed is effectively the time the defendant will serve, minus good-time credit. The Richmond division judges are experienced in imposing sentences that balance punishment, deterrence, and rehabilitation.

Do I need a lawyer if I am facing a federal firearm indictment?

Facing a federal indictment alone is extremely risky because federal prosecutors have high conviction rates, and the procedural rules are complex. An experienced federal criminal attorney can evaluate the strength of the government’s case, file appropriate motions, negotiate with the prosecutor for a favorable plea offer, and present mitigating evidence at a sentencing hearing. Even if you intend to plead guilty, having counsel who understands the Sentencing Guidelines can mean a substantially shorter sentence. In New Kent County cases proceeding in the Eastern District of Virginia, there is no substitute for an attorney who regularly appears before those judges.

What happens at an initial appearance in federal court for a firearms charge?

At the initial appearance, a magistrate judge informs you of the charges, advises you of your rights, determines whether you qualify for court-appointed counsel, and sets conditions of release or detention pending trial. The hearing must be held without unnecessary delay after arrest. The government may move for detention on the ground that you are a flight risk or a danger to the community; in firearm cases, the presumption often favors detention if there is a prior felony record. Mr. Sris and his Of Counsel can present arguments for release on conditions, such as bond, home confinement, or electronic monitoring. The outcome of the detention hearing can significantly affect your ability to participate in your defense, so representation at this early stage is critical.

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Last reviewed: July 2026

Reviewed by Mr. Sris, Owner and Founder

Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York

Practicing since 1997

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