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Weapons Charges Defense

Weapons Crimes (Carrying Concealed Weapon for example)

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Some of the most serious criminal offenses in Michigan are weapons crimes. Carrying a Concealed Weapon (CCW), Felonious Assault (FA), Felony Firearm, Felon in Possession of a Firearm, Armed Robbery are some examples of offenses that routinely result in lifelong convictions and serious jail time. Your best defense is a seriously experienced and effective criminal defense attorney.

Weapons Crimes Defense AttorneyWhat is Defined as a Weapon?

Many things can be defined as a weapon, and it can be based on the inherent design (gun, knife, brass knuckles) or on the circumstances of their use, meaning used as a weapon against another person in combat or in furtherance of an assault or defense to an assault. In one Michigan case, a glass mug was found to be a weapon because of the way it was used. The persuasiveness of the defense attorney frequently makes the difference between a finding that an object is or is not a weapon.

Types of Weapons Crimes

  1. Carrying a Concealed Weapon: This law covers both knives and pistols. This law forbids carrying any dagger, dirk, stiletto, double-edged stabbing instrument or any other dangerous weapon concealed on your person or in your car. It also forbids carrying a pistol concealed on your person or in a car. Violating this law is a felony and carries a penalty of 5 years in prison. BB guns and pellet guns are not firearms according to the statute.
  2. Felony Firearm: If you are found to have possessed a gun during the commission of a felony, you may be charged with Felony Firearm, which carries a 2- year jail sentence for a first offense. Importantly, if convicted of this offense, the 2-year sentence starts after you finish serving the underlying felony jail term. In these cases, a BB or pellet gun, if used to commit a felony, will be treated as seriously as an actual firearm.
  3. Felon in Possession of a Firearm: If you have been convicted of a felony, you may not possess a firearm. If you are found to possess a firearm, you can be convicted of this crime. The penalty is up to 5 years in prison. It does not matter if the gun is actually operational, as long as it can be “readily converted’ to being able to fire or if it was originally designed and intended to propel a dangerous projectile. This means that even if the gun is broken and wont fire or taken apart, you can still be charged. This law also applies to possession of ammunition.
  4. Transporting a Stolen Firearm: If you are found to have transported a stolen firearm or ammunition, you may be charged with a 10-year felony.
  5. Felonious Assault: Assault is the placing someone in fear of an imminent battery. Assault is the threat. Battery is the actual physical touching. Pointing a gun at someone is clearly an assault. In many of these cases, the prosecutor charges defendants who possessed ordinary items because of how they were used during an alleged assault. This crime carries a 4-year prison term. Items that are often considered “weapons” include baseball bats, tire irons, belts, bricks or rocks, cars and any other object that can possibly cause serious bodily injury or death.
  6. Brandishing a Firearm: Brandishing means waving a gun around in a threatening manner. You do not have to point the gun at someone to be charged with this 90-day misdemeanor.
  7. Possessing a Firearm in Prohibited Places: There are some places where you cannot possess a firearm even if you have a concealed pistol license. These places include: a bank, church, court of law, theater, sports arena, day care center, hospital, and places with liquor licenses such as bars. Violation of this law is a misdemeanor and carries a 90-day penalty.
  8. Reckless Use of a Firearm: This offense occurs when someone handles or discharges a firearm in wanton disregard for the safety of others. This is often the charge prosecutors use when people fire off guns on the 4th of July or New Year’s Eve. This crime is a misdemeanor.
  9. Possession of a Firearm While Under the Influence: If you have more than .08 blood-alcohol level or are under the influence of drugs, you may not possess a gun. The reason why is obvious. This crime carries a 93-day penalty. If use of the gun under the influence causes a serious injury to someone, you may be charged with a 5-year felony.
  10. Illegal Transportation of a Firearm: In Michigan, a firearm that is transported in a vehicle, other than a pistol, mu7st be unloaded and be taken down, enclosed in a case, carried in the truck, or at least inaccessible from the interior of the car. A violation of this statute can result in a jail sentence up to 90 days.

Weapons Crimes Defense Attorneys

Federal Firearms Charges

The crimes listed above are all Michigan crimes. Of course, federal law also covers weapons of all kinds. The gun control Act of 1968 Title 18, United States Code, Chapter 44 is the federal law covering firearms. Federal crimes involving firearms almost always result in prison sentences unless the defense is particularly strong. If you are accused or charged with a federal firearms charge, hiring a top defense attorney is your best hope!

LEWIS & DICKSTEIN, P.L.L.C., The Weapons Crimes Defense Attorneys

As can be seen above, the laws regarding weapons can be confusing if a person is not familiar with them. Actions that one may assume are legal may actually be illegal. When someone is charged with a crime involving a firearm, the stakes are high and everything possible must be done by a defense attorney to help the client avoid a conviction and/or a jail sentence if possible.

Michigan Criminal Defense Attorneys - Lewis & Dickstein PLLC

The dedicated, experienced and zealous defense attorneys at LEWIS & DICKSTEIN, P.L.L.C. have an unparalleled track record of successfully defending clients on misdemeanor and felony firearms related charges in Oakland, Macomb, Wayne, Washtenaw, and Livingston Counties and throughout Michigan. We have a well-earned reputation for providing the highest quality defense and aggressive representation, while showing empathy and care for each client. Call us today at (248) 263-6800 or complete a Request for Assistance Form and we will contact you promptly.

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“We will find a way to help you and, most importantly,
we are not afraid to win!

– LEWIS & DICKSTEIN, P.L.L.C.

Weapons Charges Lawyer Wayne County

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Firearms, Guns and Weapons Charges Defense Attorneys

At LEWIS & DICKSTEIN, we understand that money is valuable and anything you spend on legal fees is less that you can save for your family. By the same token, we also understand that having expert criminal defense representation that can help you get the best possible result is an invaluable investment.

Best Weapons Defense Lawyers for Wayne County

If you’ve been charged with any offense involving an alleged weapon in Wayne County, the prosecutor and the judge will be taking your case very seriously.  If you have a defense attorney that is not just as serious, you are in big trouble. The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. have decades of experience successfully defending clients charged in Wayne County with felony and misdemeanor weapons charges. We will take your case seriously and do whatever is necessary to give you the best possible defense.

Top Rated Michigan Criminal Defense Attorney

What is a weapon?

There are basically two types of weapons.  The first type of weapon are those objects that are designed to be used as a weapon like knives, swords, tasers, pistols, rifles, and other firearms.  The second type of weapons are items that are not designed to be a weapon but are used for inflicting bodily harm or physical damage. Examples of the second type of weapon are really limitless but common items used as a weapon include baseball bats, pipes, dishes/glasses, cars and more.

Weapons Charges in Wayne County

  • Carrying a Concealed Weapon – A person carries a concealed weapon when he has a weapon in his clothing that is not visible, in a container that is not visible or in a vehicle that is visible or not. The maximum possible sentence for CCW is 5 years in prison and up to 5 years on probation.
  • Illegal Discharge of a Weapon – A weapon is discharged illegally when it is fired in a way that is deemed “reckless” or “unsafe.” Firing a gun to celebrate a holiday, inside a building or in a crowded area can all result in being charged with illegal discharge of a weapon. In some cases, a gun might have discharged by accident and a felony charges is still filed.
  • Felon in Possession of a Firearm – A person with a prior state or federal felony conviction may not possess a firearm unless he or she has had their civil rights restored.  A first conviction for possession of a firearm by a felon is punishable by up to 4 years in prison and up to 5 years on probation.
  • Carrying a Firearm or Dangerous Weapon with Unlawful Intent – It is illegal in Michigan to possess a pistol or other firearm, or a pneumatic gun, dagger, dirk, razor, stiletto, or knife having a blade over 3 inches in length, or any other dangerous or deadly weapon or instrument with the intent to commit a crime against another person.  This offense carries a maximum prison sentence of up to 5 years.
  • Illegal Possession of a Firearm – There really is no charged called “Illegal Possession of a Firearm”; however, people often use this generic phrase to refer to a charge of Carrying a Concealed Weapon, Possession of a Firearm by a Felon, or Possession of a Firearm During the Commission of a Felony.
  • Possession of Firearms on Certain Premises – It is against Michigan law to carry a firearm or gun into certain buildings, including hospitals, courthouses, post offices, and schools. Although many people do not realize, this prohibition extends even to those that have a lawful concealed weapons permit (CPL). Possession of a firearm on a prohibited premises can result in a misdemeanor charge and jail time of up to 90 days.
  • Felony Firearm – A conviction for using a firearm during the commission of a felony results in mandatory prison time.  A first offense carries a mandatory prison sentence of 2 years that run consecutive (before or after) any other sentence imposed.  These cases are extremely serious and only a highly qualified and experienced lawyer has a chance of successfully defending against this type of charge.
  • Possession of an Illegal Weapon – It is legal in Michigan to possess certain “weapons” such as pepper spray, knives, hunting rifles, etc…  On the other hand, certain weapons are illegal and the simple possession of such weapons is a felony punishable by prison time.  Examples of illegal weapons include machine guns, grenades, pipe bombs, brass knuckles, and chemical weapons.
  • Manufacture or Sale of an Illegal Firearm or Accessory – It is illegal in Michigan to manufacture or sell a machine gun, silencer, metallic knuckles, gas weapon and much more.  The manufacture or sale of any of these items is a serious felony that is likely to result in prison time without a very aggressive defense.

Frank Murphy Hall of Justice - Wayne County

Experienced and Effective Weapons Charges Defense Attorneys

The Wayne County Prosecutor’s Office handles weapons and firearms cases differently than any other county in Michigan.  For example, the prosecutor has a special “Gun Board” with policies and practices that only an adept and skilled lawyer would know how to successfully navigate.  Each member of the Defense Team with LEWIS & DICKSTEIN, P.L.L.C. has decades of experience working with Wayne County prosecutors in getting weapons charges dismissed and reduced.  We have achieved unparalleled success in helping clients avoid jail and convictions in many cases.

If you are in need of assistance from a highly experienced, aggressive and effective Michigan Weapons Charges Defense Attorneys, please call us at (248) 263-6800 for a free consultation and confidential case evaluation.  If you complete a Request for Assistance Form, we will promptly contact you. We will find a way to help you and most importantly…we are not afraid to win!

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“We will find a way to help you and, most importantly,
we are not afraid to win!

– LEWIS & DICKSTEIN, P.L.L.C.

Concealed Pistol License Holders May Possess and Reasonably Use Tasers

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The Michigan Penal Code and Firearms Act (MCL 750.224a) was recently amended to allow the possession and reasonable use of device that uses electro-muscular disruption technology (EMD device), commonly known as a Taser, by a Michigan Concealed Pistol License (CPL) holder who has been trained in the use, effects, and risks of the device. However, all people allowed to carry a Taser under this amended statute are prohibited from using it against another person unless it is under circumstances that would justify that person’s lawful use of physical force. Violation of the statute is a two-year misdemeanor.

The amended statute requires that an authorized dealer or other person who sells a Taser to a Michigan CPL holder must verify that person does hold a valid Michigan CPL. The dealer must provide training on the use, effects and risks of the Taser at the time of sale. The Taser itself must contain an identification and tracking system that dispenses, when used, coded material traceable to the purchaser through records kept by manufacturer, and the manufacturer of the device has a policy of providing that identification and tracking information to a police agency upon written request of that agency.

When carrying a Taser a CPL holder must do the following: (1) have their CPL in their possession at all times. (2) show their CPL and driver license to a peace officer upon request. (3) immediately disclose to a peace officer that they are carrying a Taser concealed on their person or in their vehicle.

It is illegal to carry a Taser while under the influence of alcohol or a controlled substance or with a body alcohol level of .02 or more. Tasers are not permitted in schools, stadiums and hospitals.

Michigan Criminal Defense Attorney must be consulted when your freedom or your right to carry a concealed weapon is in jeopardy.

Michigan Criminal Defense Attorney

Michigan Firearms and Weapons Defense Lawyers

If you, or a loved one, are faced with violation of the Michigan Penal Code and Firearms Act for improperly carrying or using a concealed weapon, it is important that you be represented by an attorney who has extensive experience in concealed weapons cases. Your freedom and right to continue to be able to carry a concealed weapon is in jeopardy, you should not trust your future on an attorney from the telephone book or a friend’s referral. It is important that you have someone standing up for you that have many years of experience handling cases like this. The attorneys at LEWIS & DICKSTEIN, P.L.L.C. have a decades of experience representing people accused of weapons offenses. Please contact LEWIS & DICKSTEIN, P.L.L.C. at (248) 263-6800 for a free consultation or kindly complete a Request for Assistance Form and one of our attorneys will promptly contact you.

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“We will find a way to help you and, most importantly,
we are not afraid to win!

– LEWIS & DICKSTEIN, P.L.L.C.