Maurice Davis is deeply experienced in these cases and has helped many offenders obtain reduced or vacated firearms charges. If you’ve been charged with a firearms related offense, hiring a Detroit firearms lawyer to defend your case can significantly reduce your chances of serving jail time or paying fines.
There are two broad categories of crimes involving firearms and other weapons: those that involve criminal intent and those that do not. Most firearms and weapons crimes do not require a prosecutor to prove that you were acting with criminal intent—mere possession under certain circumstances is sufficient grounds for a conviction. Learn more about possible defenses to weapons crime by contacting Maurice Davis online today.
Firearms and Weapons Crimes that Require Proof of Criminal Intent
Michigan statute 750.226 prohibits the possession of any kind of dangerous or deadly instrument with unlawful intentions. Violating this statute is a felony, and offenders can be sentenced to up to five years in jail and may have to pay a fine of up to $2,500.
Michigan statute 750.211 prohibits the possession of an explosive or incendiary device, such as a Molotov cocktail, with unlawful intentions. If you breach this statute, a court can sentence you to up to fifteen years in prison along with a $10,000 fine. The mere possession, without criminal intent, involves a more lenient sentence of four years jail time and a fine that can reach $2,000.
Proving criminal intent beyond a reasonable doubt is usually one of the most difficult aspects of a prosecutor’s case. Absent an admission from the defendant, the prosecution must rely on witnesses and circumstantial evidence. A skilled defense attorney can challenge the evidence’s admission, cross-examine the witnesses, or argue that the evidence does not permit the inference of the defendant’s guilt beyond a reasonable doubt. This is why it’s important to avoid talking to law enforcement and prosecutors after your arrest—any statement you make that sounds like an admission of your criminal intent can and will be used against you.
Firearms and Weapons Charges that Don’t Require Proof of Criminal Intent
Michigan has strict gun laws, and you can be convicted of a serious crime just for having a weapon with you in some situations—regardless of your lawful intentions. Below are some common weapons crimes from Michigan’s statutes:
- 750.224a, prohibiting sale or possession of a Taser without a permit
- 750.224b, prohibiting the manufacture, sale or possession of a short-barreled shotgun or rifle
- 750.224c, criminalizing the manufacture, distribution, sale, or use of armor piercing ammunition
- 750.224e, prohibiting the manufacture, sale, distribution, or possession of a semiautomatic firearm that has been modified into a fully automatic firearm.
- 750.224f, making illegal the possession of a firearm or distribution of ammunition by a person convicted of felony
- 750.226a, prohibiting the possession or sale of switchblades
- 750.227, criminalizing the carrying of a concealed weapon on your person, or in a vehicle (whether concealed or not), except for on your own property
- 750.227c and d, which make it illegal to transport a firearm or pneumatic gun in most vehicles unless it is unloaded AND in a trunk, a case, taken apart, or otherwise inaccessible from the vehicle’s interior
- 750.230, criminalizing the willful removal or alteration of the make, model, and serial number of a firearm. Note that mere possession of an unmarked firearm creates a presumption of guilt
- 750.234d Making it illegal to have a firearm (even with a permit) in banks, churches, courts, theaters, sports arenas, daycares, and hospitals
- 750.234e, prohibiting the brandishing of a firearm in public
If a court finds you guilty of any of the above, you could face heavy fines and jail time. As soon as you are arrested or charged, you should ask to speak to a lawyer and refrain from making any statements to the police or to a prosecutor. By following this advice, you will increase your defense attorney’s chances of securing your innocence.
