Gun Charge Attorney Serving Clients in Troy
Guns are a contentious topic in America. The United States Constitution grants us the right to bear arms, but there is considerable debate about an appropriate scope for the Second Amendment and the rights it grants. Because of this, gun laws vary from state to state, and an action with a gun that is perfectly legal in one state could be a serious crime in another.
Michigan, like every other state, imposes restrictions on the right to bear arms in an effort to keep residents safe. When an individual is accused of violating these restrictions or federally imposed firearm restrictions, he or she can face a gun charge.
Gun Charge Types
Many different actions can be charged as gun offenses. They are charged at different levels depending on their severity. A few examples of gun charges an individual in Michigan can face include:
- Carrying a concealed weapon without the proper permit to do so;
- Possessing a prohibited type of firearm;
- Possessing a firearm despite being prohibited from doing so due to his or her status as a convicted felon;
- Selling, transporting, or distributing firearms illegally;
- Carrying a concealed firearm into an area where firearms are prohibited;
- Altering a firearm’s identifying marks, like its serial number; and
- Illegally discharging a firearm.
Having a gun on one’s person while committing another criminal offense can elevate, or aggravate, the charge he or she faces for the offense. For example, allegedly using a gun to commit an act of assault elevates the charge to felonious assault.
Penalties for Gun Convictions
The penalties you face for a gun-related charge depend on the charge itself, the presence of any aggravating or mitigating circumstances, and in some cases, your previous criminal history.
Penalties for gun-related convictions include:
- Community service;
- Probation; and
- If you are convicted of a felony, the loss of your right to possess firearms.
Defending Against a Gun Charge
There are many different strategies for defending against a gun-related charge, and the right strategy for your case depends on your unique circumstances. Potential defense strategies include:
- A lack of evidence linking you to the offense that occurred;
- Proof that you were authorized to carry the gun you own;
- Demonstrating that you acted in self-defense;
- Showing that the evidence used to support the charge was collected illegally; and
- A lack of evidence showing that you willfully committed a criminal offense. This is not always a potential defense strategy, but in some cases, it can be.
Work with an Experienced Troy Criminal Defense Attorney
If you have been charged with a gun-related offense, start working with an experienced criminal defense lawyer as soon as possible to develop an appropriate legal defense strategy for your case. To get started, contact Michigan Defense Law today to set up your free legal consultation with experienced criminal defense lawyer Paul J. Tafelski.