While Americans have a constitutional right to keep and bear firearms, the law also imposes specific requirements and restrictions on their possession and use. Running afoul of criminal weapons laws can expose you to potential prosecution. However, you have legal rights that can help you build a robust, effective defense against gun charges.
Don’t put those rights at risk. Instead, contact the Law Office of John Freeman for an initial case evaluation with a dedicated firearms lawyer. We are ready to discuss the legal options available to you and how we can protect you from the force of the law.
Common Examples of Firearm Charges
There is a wide range of firearms offenses under federal and Michigan criminal law. These include the following:
- Unlawful manufacture, sale, or possession of illegal firearms, such as machine guns or silenced firearms
- Unlawful manufacture or possession of a short-barreled shotgun or rifle
- Unlawful conversion of semiautomatic firearms to fully automatic
- Possession of firearms by persons convicted of felonies or domestic violence offenses
- Possession of firearms for unlawful use
- Unlicensed concealed carrying of a pistol
- Possession of firearms during the commission or attempted commission of a felony
- Unlawful transportation of firearms in a motor vehicle
- Alteration or removal of serial numbers or identification marks from firearms
- Intentionally making false statements on applications for firearms licenses or using false identification to purchase firearms
- Intentionally pointing firearms at other people without malicious intent
- Intentional discharge of a firearm at another person without malicious intent
- Intentional discharge of a firearm from a motor vehicle (“drive-by shooting”)
- Intentional discharge of a firearm at a dwelling or potentially occupied structure
- Possession of firearms on prohibited premises (e.g., banks, houses of religious worship, courts, theaters, sports arenas, daycare centers, hospitals, bars/restaurants serving alcohol)
- Brandishing a firearm in public
- Unlawful underage possession of a firearm
- Injuring a person by discharging a firearm intentionally aimed at another person without malicious intent
Firearms offenses can also vary depending on whether a defendant faces prosecution under state or federal criminal law.
Consequences of a Firearms Conviction
The consequences of a conviction for firearm-related charges are serious. First, a conviction will impose a criminal sentence that can include specific penalties, depending on the severity of the crime. In addition to usual misdemeanor or felony penalties, many firearms statutes have specific sentencing provisions.
Misdemeanor offenses tend to impose less harsh penalties, such as jail time, probation in lieu of jail, and fines. Felony offenses can result in harsher penalties, including prison terms exceeding one year and substantial fines of thousands or tens of thousands of dollars.
Firearms convictions can lead to other collateral consequences. For example, a conviction may result in the suspension or revocation of an individual’s firearms licenses, which means the defendant must surrender ownership of their firearms. Convictions can also result in the suspension or revocation of professional licenses. Non-citizens may also face immigration consequences, including deportation, for a conviction. Felony firearms convictions may also result in the loss of the right to own or possess firearms.
Furthermore, a conviction will result in a criminal record that may appear in background checks. Having a criminal record in a background check can make it harder to obtain employment, housing, or educational opportunities.
Given the long-lasting consequences of a firearms conviction, a defendant should seek experienced legal representation to pursue a favorable resolution to their case that best preserves their reputation, rights, and future.
Defense Strategies in Firearm Cases
Depending on the facts of your case, you may have specific defense strategies you could pursue to reduce or dismiss your charges or advocate for an acquittal at trial. Common defenses include:
- Lack of possession : The defendant did not have or control the firearm in question.
- Lack of intent : Some firearms offenses require an individual to act with a certain level of criminal intent (e.g., willfully or knowingly). Therefore, a defendant may argue that they did not act with the required intent to impose criminal liability under the charged statute.
- Lawful possession : A defendant may present evidence to prove their lawful possession or use of the firearm, such as their firearms license or proof that they possessed a firearm in connection with their employment (e.g., possessing a firearm while on duty as a security guard).
- Self-defense/necessity : In certain circumstances, a defendant may fight a firearms charge by claiming self-defense or necessity, arguing that they possessed or used a firearm in a limited capacity for a lawful purpose, such as to defend oneself against an imminent threat of deadly force.
- Mistaken identity/alibi : Defendants may argue that someone else committed the charged offense by challenging eyewitnesses’ identification of the defendant as the perpetrator or presenting alibi evidence to prove the defendant was elsewhere when the crime occurred.
- Unlawful search and seizure : A defendant may seek to exclude a firearm or other evidence of a gun crime from the prosecution’s case by alleging that police unlawfully obtained the evidence through an illegal search or an interrogation that violated the defendant’s rights.
How a Bloomfield Hills Firearms Lawyer Can Help
Prosecutors have considerable resources to help them pursue convictions in firearms cases. That’s why you need dedicated, experienced legal counsel who can level the playing field for you to stand up for your rights. Let a gun charges attorney from the Law Office of John Freeman help you by:
- Helping you understand the details of your charges and the possible outcomes of your case so you can evaluate your legal options at each stage
- Independently investigating your charges to obtain critical evidence to build the most robust case possible
- Identifying potential defenses against your charges based on the facts and evidence in your case
- Challenging the prosecution’s case to seek a reduction or dismissal of your charges, if possible
- Advocating for an acquittal should you choose to take your charges to trial
Why Choose Our Michigan Criminal Defense Firm
The consequences of a firearms conviction are serious, and your choice of legal counsel can make a difference in the outcome of your case. You deserve seasoned, aggressive representation that will fight for a positive outcome to your charges. Turn to the Law Office of John Freeman for knowledgeable legal advocacy because:
- Attorney John Freeman has over 30 years of experience in criminal law and has a proven track record that includes some of the most complex and high-profile cases in Michigan. He has earned respect from clients and peers for tough, honest, and dedicated legal advocacy.
- Attorney John Freeman has worked as a federal and state prosecutor, giving him in-depth insight into how the government investigates and pursues criminal cases. He uses his experience to develop tailored legal strategies that help clients secure the best possible resolution given the specific facts of their cases.
- Our firm will fight hard on your behalf, even if that means going to trial. You can trust that we will never accept the first plea deal offered. Instead, we will work diligently to secure the most favorable result possible.
Contact Us Today for Advocacy and Support
Have you been charged with a firearms-related offense in Bloomfield Hills or anywhere else in Michigan? If so, contact the Law Office of John Freeman today for a confidential consultation with an experienced firearms attorney. We will discuss your charges and explain how our firm can help you seek the fair outcome you deserve.