Felon in Possession of a Firearm
The Felon in Possession of a Firearm law makes it illegal to possess, transport, purchase or distribute a firearm when the person has been convicted of a felony or attempt to commit a felony. Some people get a Court order to expunge the prior felony conviction; Others just get a Court order restoring their right to carry a gun. Either action is an absolute defense to the charge of Felon in Possession of a Firearm in Michigan.
Prior Felony Convictions
In order to prove the charge of Felon in Possession of a Firearm, the Prosecutor must show the person has a prior felony conviction punishable by imprisonment for 4 years or more. Certain other felony convictions qualify, such as an attempt to commit a felony. If you have a prior felony conviction, contact Attorney Patrick S. Fragel to determine if the felony can be used to convict you of Felon in Possession of a Firearm.
What is Possession of a Firearm?
The second element of Felon in Possession of a Firearm is “possession”. For purposes of this charge, possession means using, transporting, selling, storing, purchasing [even remotely], shipping or distributing a firearm. Basically, any use or control over a firearm is considered “possession” under this criminal charge.
Firearm Possession Charges in Michigan – Maximum Sentence
If convicted of Felon in Possession of a Firearm, you could face up to 5 years in prison. The conviction also requires forfeiture of the weapons involved in the crime. If you’re in Michigan and have a prior felony conviction, high court misdemeanor or attempt to commit a felony, then your sentence can be enhanced under the Habitual Offender Statute.
If you are the focus of a criminal investigation, call us immediately. We carefully evaluate the facts of your case, and the charges filed against you. As an experienced criminal trial lawyer, Patrick S. Fragel will design a strategy to defend against the felon in possession charges. Check out our Client Reviews and give us a call.
