Possession of Firearms Increase Penalties of Felony ChargesJan 09, 2017, by Felony, Firearms Charges, Legal Blog in
If you get accused of committing a crime while you’re carrying a firearm, you may face additional charges and criminal penalties. In some situations, your possession of firearms may be considered a separate felony. If you get convicted of a criminal charge and a weapons possession offense, the consequences can be devastating. From long prison sentences and crippling fines to a tarnished reputation and diminished rights, a felony weapons conviction can turn your life upside down.
Felony Weapon Possession
According to Michigan Penal Code section 750.227b, it’s a felony to possess a firearm while committing or attempting to commit any felony – with some exceptions. You may not face felony weapons charges if the underlying offense is:
- Illegally selling firearms or ammunition (section 750.223)
- Carrying a concealed weapon (750.227)
- Unlawful possession of pistol (750.227a)
- Altering or removing a firearm’s serial number (750.730)
If you get charged with committing any other felony while you allegedly had a weapon in your possession, you may receive the following penalties (with no possibility of parole, probation, or a sentence suspension) in addition to the sentence that you would face for the underlying offense:
- First offense – Up to two years in prison
- Second offense – Up to five years in prison
- Third offense – Up to 10 years in prison
The weapon doesn’t actually have to be in your hand or in your pocket for a felony weapons offense to apply. Under the doctrine of “constructive possession,” a court of law will assume that you possessed the weapon if it was under your control, such as in your bag, your vehicle’s glove box, or any other place where you could access it immediately.
How Can a Detroit Weapon Possession Lawyer Help?
If you get charged with felony assault after allegedly threatening someone with a weapon, you will also face felony weapon possession charges under 750.227b. This means facing two serious felony charges at the same time. If you get convicted, your life will never be the same. Fortunately, a skilled Detroit firearms defense attorney can help you deal with felony charges.
Depending on the facts specific to your case, your lawyer may be able to have the charges dismissed if they are sustained by illegal evidence – such as the results of a warrantless search or an unlawful traffic stop. It may also be possible to refute the prosecutor’s case at trial. Finally, in some cases it may be beneficial to work with the prosecutor to negotiate a beneficial plea agreement under which you might receive the guarantee of a lenient sentence or a conviction for a lesser offense.
Whatever you do, it not advisable to plead guilty to your charges before talking with a lawyer. There may be one or even several defense strategies available to you. To find out what options might be open to you, call Davis Law Group today at (313) 818-3238 for a free and confidential consultation of your case.