One of the collateral consequences that comes with a felony conviction is the loss of your right to transfer, sell, own, possess, or use a firearm. Therefore, there are steep consequences that a felon may experience if they are found to be in possession of a gun.
If you have been charged with possession of a firearm by a convicted felon in McDonough, it is crucial that you seek legal counsel right away. Despite your criminal record, you still have rights, and our seasoned gun defense attorneys could protect yours.
Both state and federal laws prohibit felons from owning a gun. As such, convicted felons in McDonough who are caught with a firearm may face steep penalties that can vary with the circumstances. Typically, a conviction for gun possession by a convicted felon can lead to a prison term between one and five years. While the court is granted some leeway in imposing these sentences, there are some situations in which the law requires a conviction to lead to the maximum penalty of five years.
Under state law, the original felony that resulted in the defendant losing their gun rights may be a factor in whether this person receives the maximum prison sentence. For example, if the underlying offense was a forcible felony the court must sentence the defendant to the maximum of five years. Some examples of forcible felonies include robbery, kidnapping, or murder. There is also a possibility of a maximum fine of $25,000. The judge does have the option to issue a prison sentence, a fine, or both.
The penalties under federal law are significantly higher compared to state law. The federal offense known as possession of a firearm or ammunition by a prohibited person carries a maximum prison term of ten years. While uncommon, it could be possible to face prosecution both in state and federal court on these charges.
In addition to the potential for serious prison time, federal charges may carry other penalties including monetary fines. A person convicted of possessing a firearm as a felon under federal law could bring a fine of up to $250,000.
As is the case with every criminal prosecution, there are possible defenses to this charge. Some potential defenses that a lawyer in McDonough might use if a convicted felon is charged with possession of a firearm is lack of evidence, arguing that no weapon was present, and illegal search and seizure.
It is the state’s burden to prove a felon unlawfully had a gun. If the evidence against the defendant is limited, it could lead the judge or jury to an acquittal. As such, there must be proof that the defendant had control over a weapon. This weapon may be any rifle, shotgun, handgun, or gun-like device that can expel a charge.
Possession of a firearm by a felon is a serious criminal offense in McDonough. If you are facing these charges, it is vital that you seek legal counsel right away. Reach out to our trusted lawyers to learn more about your legal options.
For more information on Possession of a Firearm by a Convicted Felon, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (470) 728-1725 today.