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 one is charge with or being investigated 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. Please call LEWIS & DICKSTEIN, P.L.L.C. for a free consultation or fill out a Request for Assistance Form and we will promptly contact 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. There is no discretion…two years 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 a gun was possessed 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. To make matters worse, the sentence for felony firearm must be served consecutive, as opposed to concurrent, to the sentence given for all other charges in a case.
While there are a number of firearm and weapons charges that 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 considered per se dangerous weapons. Having a gun or weapon that is concealed (not in plain sight) or 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 a gun that is lawfully concealed cannot be taken into certain prohibited zones like schools, church, 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 a period of time after their sentence is completed. This crime is a felony and carries a penalty of up to five years in prison.
The illegal discharge of a firearm, even one lawfully possessed or carried is a crime in Michigan. Illegal discharge is defined as either unsafe or reckless. Again, prosecutors have wide and broad discretion in determining what is unsafe.
A person who commits an assault with a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other 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.
How We Help You
When we are retained to represent someone who is either charged with a weapons crime or being investigated 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.