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Defending Clients Charged With All Types of Firearm Charges in All of Michigan
The State of Michigan has very strict laws regarding firearm laws and
will not hesitate to prosecute you to the full extent of the law. If you
have been charged with any type of serious gun charges, you should
contact a Michigan Criminal Attorney who is knowledgeable about the gun
laws in Michigan and can help build a strong defense strategy for your
case. Most of the various gun charges in Michigan are considered a
felony and carry long jail or prison terms as a penalty. A first time
offender of any felony firearm charge will be charged with a mandatory 2
year minimum prison sentence. If this is not your first offense, felony
firearm charges carry a minimum 5 year prison sentence. David M. Clark
and The Clark Law Office can help you in your time of need. The most
common gun charges in Michigan include possession of a firearm without a
permit, illegal discharge of a firearm, carrying a concealed weapon, a
felony committed while in possession of a firearm, and a felon that is
in possession of a firearm.
Possession of a Firearm Without a Permit in Michigan
Failing to register a firearm is a common mistake that many people make,
and the consequences of doing so are quite severe. Registering a
firearm can be a complicated task and many people don't know that you
need to register the gun or simply forget to do so. You can be charged
with possession of a firearm regardless if the gun was concealed or not.
The law does not distinguish the difference between a concealed firearm
and a non-concealed firearm if the gun in question is unregistered. The
resulting penalty for illegally possessing a firearm is classed as a
felony and the resulting prison sentence is up to 5 years. This charge
also carries a fine of up to $2500.
Illegal Discharge of a Firearm
Whether you possess a gun legally or not, you can be charged with an
illegal discharge of a firearm. This law is meant to ensure gun owners
act responsibly and safely when they decide to use their firearms. In
most circumstances, a charge for an illegal discharge is when the weapon
is used in a reckless manner and unnecessarily. You can also be charged
for illegal discharge if the authorities feel that you utilized your
gun in a way that is considered reckless disregard for life or property.
This charge may not seem serious, but the penalties are still severe
and a Lansing criminal lawyer can help fight the accusations made
against you.
Concealed Weapon Charges (CCW)
The most common type of gun charge in the state of Michigan is carrying a
concealed weapon. Most people charged with this offense are unaware of
the complicated concealed weapon laws and truly believe they are closely
adhering to the law by legally registering the firearm in question.
Unfortunately, it doesn't matter if you believe you are following the
law. It is illegal to carry a gun on you and sometimes even your car if
you do not have a specialized CCW permit. You can also be charged if the
authorities believe that you are planning on using the firearm to
endanger the livelihood of others, even if the gun or dangerous weapon
is not concealed which is called "Carrying With Unlawful Intent". This
charge is punishable by a prison sentence of no longer than 5 years and a
fine not exceeding $2500. Since the CCW law in Michigan is quite
extensive and complicated, you should contact an experienced Lansing
criminal attorney who routinely deals with firearm charges.
Committing a Felony While in Possession of a Firearm
If you have been charged with possession of a firearm while committing a
felony, such as a felony drug charge or felony DUI charge, the
punishment carries a mandatory minimum prison sentence. If this charge
is your first offense, the required prison sentence is 2 years and a
second offense charge carries a mandatory 5 year sentence. The prison
sentence is in addition to the sentence imposed for the conviction of
the felony or the attempt to commit a felony. The prison sentence must
be served consecutively with and preceding any term of imprisonment
imposed for the conviction of the felony or attempt to commit a felony.
The prosecutor must prove that the felony charge was committed or that
the defendant attempted to commit a felony crime. An attempt is defined
as intent to commit the crime and that the defendant took some action
toward committing the alleged crime, but failed to actually complete the
felony crime. Just planning the crime or arranging how it will be
committed does not qualify as an attempt. In other words, the crime
would have been completed if it had not been interrupted by outside
circumstances. The act must also clearly and directly be related to the
crime the defendant is charged with attempting and not some other
objective. Additionally, the firearm in question is not required to be
loaded and a firearm includes any weapon from which a dangerous object
can be shot or propelled by the use of explosives, gas, or air.
Felon Possessing Firearm (Non-Specified)
In order to be convicted of a felon possessing firearm charge, it must
be found that the accused actually possessed, used, transported, or
sold/received a firearm in the state of Michigan. It must also be proven
that the defendant was indeed convicted of felony. In addition, the
prosecution must also prove that is has been less than 3 years since all
fines were paid, all imprisonment was served, and all terms of
probation have been met.
Felon Possessing Firearm (Specified)
In order to be convicted of a felon possessing a firearm charge
(specified), the prosecution must prove that the defendant possessed,
used, transported, or sold/received a firearm in the state of Michigan.
Just as in a non-specified charge, the prosecution must prove that the
defendant was convicted of a felony. The main difference between a
specified and non-specified felon possessing a firearm charge is that
for a specified felony charge, it must be proved that less than 5 years
have passed since all fines were paid, all imprisonment served, and all
terms of probation has been completed. In addition, it must also be
proved that the defendant's right to a firearm has not been restored
according to Michigan law.
Contact a Michigan Gun Charges Defense Lawyer
Every firearm charge is unique, and at The Clark Law Office we can
formulate a specialized defense strategy based on the individual
circumstances of your case. Our Michigan criminal defense lawyer can
help you with your defense, fight for reduced bail, and will start an
investigation to strengthen your defense. Contact a Michigan firearm
charges lawyer today for a free consultation at (517) 347-6900!