Firearms Lawyer – Gun Charges Defense Attorney
Lawyers Dedicated to the Tenacious Defense of those Charged in Michigan with Firearms Charges and Other Gun Crimes and the Advancement of Second Amendment Rights
In the State of Michigan, judges impose harsh penalties on gun cases, and expert prosecutors are often assigned to ensure the best chances of a conviction. Because the stakes are so high, the gun charges defense team with LEWIS & DICKSTEIN, P.L.L.C. is committed to providing fearless and passionate representation. No matter how aggressive and persistent a gun crimes prosecutor can be, we will not stop until we have done whatever is necessary to achieve an extraordinary result for our clients!
We Can Help You
The best defense is a good offense. When an aggressive prosecutor goes after one of our clients, we will stand up to them and use a tenacious, intelligent, and creative approach to find a way to help. If you or a loved is facing charges, or under investigation for an offense that involves the possession, use, theft, or sale of a firearm or other weapon, we would like to take the time to talk to you and find a way to help you.
Gun Crimes Penalties
Maybe the most serious charge in Michigan regarding firearms is the charge of felony firearm. The Michigan felony firearms statute requires a two-year mandatory prison sentence for a FIRST offense. A judge has no discretion and must impose a two-year prison sentence and not a day less or more. A second offense carries a mandatory five years in the Michigan Department of Corrections. For the crime of felony firearm, there is not a distinction between guns that are legally or illegally possessed. The only issue is whether the defendant possessed a firearm during the commission of a felony. Many prosecutors broadly and liberally define “possession,” and the theory of constructive possession is often used to imprison as many defendants as possible. The sentence for felony firearm must be served consecutively, as opposed to concurrently, to the sentence given for all other charges in a case.
While many firearms and weapons charges are prosecuted in Michigan, these are the most common:
Carrying a Concealed Weapon (AKA Illegal Possession of a Gun or CCW)
This offense applies to all types of dangerous weapons and non-hunting knives. Guns and all types of firearms are per se dangerous weapons. Having a concealed gun or weapon or a weapon inside a motor vehicle is a felony in Michigan and is punishable by up to five years in prison if the person does not have concealed weapons permit (CPL). It is not a defense that a gun is “registered” unless the holder has a permit to carry the firearm. Even lawfully concealed guns are prohibited into certain zones like schools, churches, hospitals, sporting arenas, and other places. Having a legally concealed weapon in a prohibited zone is also a crime.
Illegal Sale, Purchase or Possession of a Firearm by a Felon
Moreover, it is also illegal for convicted felons to buy, sell, possess, or carry any firearm or weapon for several years after they complete their sentence. Being a felon in possession of a firearm or ammunition is a felony and carries a penalty of up to five years in prison.
Illegal Discharge of a Firearm
The illegal discharge of a firearm, even one lawfully possessed, is a crime in Michigan. Illegal discharge is the discharge of a firearm in an unsafe or reckless manner. Prosecutors, when deciding whether to charge a suspect, have wide and broad discretion in determining what is unsafe.
Felonious assault is an assault with a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or another type of dangerous weapon. An assault does not require an injury or even a touching; it only requires an action that puts another person in fear of an imminent battery. Felonious Assault carries a maximum possible sentence of up to four years in prison.
Crimes Involving Automatic Firearms
Defendants accused of possessing or transferring ownership of automatic firearms or machine guns face the possibility of stiff penalties in state and federal court. Serious firearms charges can result in decades in prison under aggravated circumstances.
How We Help You
When LEWIS & DICKSTEIN, P.L.L.C. is retained to represent someone who is either charged with a weapons crime or under investigation for a crime with a gun, our team mobilizes to intervene, limit damage, collect evidence, preserve exculpatory evidence, attack scientific proofs and do the necessary legal research to gain every possible advantage for our clients. Our highest priority is to achieve a dismissal of all charges when possible. In those cases where a dismissal is not possible, we work to achieve a highly favorable settlement when desired by the client or fight for an acquittal at trial when appropriate.
Firearms Defense Lawyer in Michigan
You need a lawyer that will faithfully, honestly and fearlessly represent you and protect you in court on firearms charges. The defense team with LEWIS & DICKSTEIN, P.L.L.C. is comprised of dedicated criminal defense attorneys who are handpicked to be among the best litigators in Michigan. If there is no room for errors, mistakes, weakness, or false promises, you need LEWIS & DICKSTEIN, P.L.L.C. by your side. We are not afraid to win!
Call us today at (248) 263-6800 for a free consultation, or complete a Request for Assistance Form and we will contact you promptly.