With a growing number of high-profile crimes being committed with firearms, prosecutor’s offices around the country are making examples of individuals charged with illegal gun possession. In Michigan, illegal gun possession can carry strict penalties even if you did not know you were breaking the law. In some instances, possession of a firearm can land you in prison for a guaranteed two years. To further crack down on gun crimes, some prosecutor’s offices have implemented special procedures for negotiating plea offers on gun cases. For your best chance at avoiding the major penalties that accompany gun crimes, you need to hire a defense lawyer who understands both the processes to get you the best plea offer possible and, if that fails, where the holes in the law are to fight a gun charge at trial.
Carrying a Concealed Weapon (CCW)
In Michigan, Carrying a Concealed Weapon (CCW) carries a maximum penalty of five years in prison. It is one of the most commonly charged crimes in the state. Often times, it is very easy for the government to prove because individuals may admit what they are doing while not even knowing they are breaking the law. Carrying concealed means that an individual is carrying a weapon in a way that makes the weapon not easily seen by those who come into ordinary contact with that person. This means carrying a weapon in an inside-the-waistband holster, in a clothing pocket, in a handbag or backpack, or in a car, is carrying concealed. Unless you have properly stored your weapon or you have a license to carry concealed, you could be facing serious fines, forfeiting your weapon, losing your right to own, use, and possess a firearm, probation, or even jail time for a first-time offense.
Luckily, there are many strategies good defense attorneys employ to fight against CCW charges. Because the genesis of CCW cases is often during a traffic stop, these types of cases are also good opportunities for a sharp defense attorney to file a motion to suppress the evidence based on improper police conduct. Without a full understanding of your constitutional rights, a defense attorney may miss an opportunity to file such a motion, meaning your case may result in a conviction instead of a dismissal.
KBW Criminal Law’s founding attorney, Kevin, has handled more CCW case than any other charge. Kevin knows the ins and outs of negotiating pleas on concealed weapons cases and how to evaluate the strength the prosecution’s CCW case to determine if there is a good chance of success at trial. To increase your chances of a favorable result for your CCW case, call a lawyer with expertise and trial experience in these types of cases. Call KBW Criminal Law as quickly as possible.
Felon in Possession of a Firearm/Ammunition (FIP)
If you have been convicted of a felony in Michigan (or elsewhere) you may not have a legal right to own a firearm. Despite this, you may feel you need to own a firearm for protection, enjoy hunting, or be in the wrong place at the wrong time when a gun is around. If you are in one of these situations and a police officer finds a gun in your possession, the government may charge you with FIP – a felony that carries a maximum penalty of five years in prison.
While possession of a firearm without having your rights restored is most common, prosecutors can also charge individuals who are simply in possession of ammunition. A single bullet in your car, home, bag, or pocket may be enough to send you to prison. And because prosecutors can use FIP to charge Felony Firearm as well (see below), you may end up spending an additional two years in prison on top of any punishment for FIP.
The good news is, like CCW charges, FIP charges are ripe for motions to suppress evidence based on police misconduct. When police officers pull individuals over, they must follow constitutional and local laws that protect your rights. If they fail to do so, a judge may stop the prosecution from introducing any illegally obtained evidence against you at trial. This can be a huge advantage to you or even stop the prosecution’s case in its tracks.
But you need to hire the right defense attorney who knows what motions to file and when. While some lawyers may think it is wise to file motions indiscriminately, sometimes filing a motion can end up actually hurting your case. That is why it is so important you hire a discerning defense attorney with vast motion to suppress experience. Throughout his career as a criminal lawyer, KBW Criminal Law’s founding attorney, Kevin, has handled countless motions to suppress based on alleged police misconduct. Kevin knows what types of motions to file, and whether to file them, to give you the best chance for the best possible outcome.
Felony Firearm (FF)
Felony Firearm (FF) may be the most dreaded charge in Michigan because a conviction carries a mandatory two years in prison. For a second offense, the penalty increases to a mandatory five years in prison. For a third offense, a mandatory ten years. Judges have no discretion when sentencing someone after an FF conviction – they must sentence the full two, five, or ten years.
Prosecutor’s offices charge FF when they believe someone had a firearm in their possession while that person committed a felony. Sometimes, accused individuals are found guilty of FF even when they are not found guilty of the underlying crime. This means that simple possession of a firearm could result in a two year stay in the Michigan Department of Corrections.
Some prosecutor’s offices require defense attorneys to submit special letters or negotiate with different parts of their office to try and get a plea offer that dismisses the felony firearm charge. Without a diligent lawyer who understands these processes, you could find yourself without a viable plea offer and thus forced to go to trial, even if it would have been beneficial for you to plead on other charges.
If you do have to go to trial, you need a lawyer who has taken FF charges to trial, like KBW Criminal Law’s founding attorney, Kevin. Kevin has won at trial on several FF charges and knows the intricacies of what the prosecution must prove. A good defense attorney could be the difference between a dismissal and a conviction, a favorable plea and a trial, or even probation and two years in prison.