Michigan Firearm Charges Lawyer

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!