Birmingham Weapons Charges Lawyer
Weapons charges are among the most serious crimes under Michigan law, as both police and prosecutors actively pursue cases for illegal possession, use, or transportation. Unless you know your rights, it can be almost impossible to present a defense and avoid a conviction. By retaining a knowledgeable Birmingham weapons charges lawyer, you are in a better position to fight the charges.
Our lawyers at the office of Paul J. Tafelski have years of experience defending clients in all types of criminal matters, including cases related to firearms, knives, and other dangerous items. We can work with you to develop a strong defense strategy, so you can avoid fines, jail time, and other sanctions. Please contact our firm to schedule a consultation with a Birmingham weapons charges attorney, and check out some important information regarding these cases.
Types of Weapons Charges
Michigan law refers to various types of offenses related to the possession, use, type of weapons, and other factors that can lead to weapons charges. First, you should note that it is illegal to purchase, carry, transport, or possess a firearm without the proper license. Beyond that requirement, additional provisions include:
Certain individuals are prohibited from getting a license to carry a firearm, so it is illegal for them to own, possess, or carry a gun. This ban applies to:
- Anyone under age 18;
- Convicted felons who have not had their rights restored;
- Individuals who have been declared legally insane by a court;
- Those with mental illness; and,
- Anyone who could not achieve 70% or higher on a graded firearm quiz.
Prohibited Types of Weapons
There are certain weapons that lawmakers have determined have no appropriate purpose, so there is an outright ban on:
- Machine guns;
- Billy clubs;
- Mufflers or silencers; and,
- Other weapons listed in the statute.
Use of Weapons in Commission of a Crime
Even if legally allowed to carry, own, or possess a weapon, you can face enhanced charges and increased penalties for using a weapon in the commission of a crime.
Other Specific Weapons Charges
Michigan law also includes provisions that apply to specific situations. Examples include a prohibition on carrying a firearm near a school.
A conviction for weapons charges can lead to fines or incarceration, but the severity of the sentence depends upon the crime. For a misdemeanor, you face up to two years in prison. Felony charges are more serious, so a conviction could lead to a maximum imprisonment of five years, a fine up to $2,500, or both.
How a Weapons Charges Attorney Can Help
Like any criminal case, a prosecuting attorney must prove that you are guilty beyond a reasonable doubt to obtain a conviction on weapons charges. A criminal defense lawyer can identify and exploit weaknesses, giving you an advantage in court. Plus, an attorney can use pretrial motions to have certain information excluded in court, especially if your constitutional rights were violated by police. Without key evidence, a prosecutor may not have enough to get a conviction.
Discuss Your Case Birmingham Weapons Charges Lawyer
For more information on weapons charges in Birmingham, please contact the office of Paul J. Tafelski at (248) 221-1060 or visit us online. We are happy to set up an appointment to review your case.