At LEWIS & DICKSTEIN, P.L.L.C., we understand that money is valuable and anything you spend on legal fees is less that you can save and use for your family. By the same token, we also understand that having expert criminal defense representation and doing what is necessary to help you get the best possible result is a valuable investment.
If you are in need of assistance from a highly experienced, aggressive and effective Michigan Criminal Attorney, please call us for a free consultation and confidential case evaluation. We will find a way to help you and most importantly…we are not afraid to win!
Weapons Offenses in Michigan
Carrying a Concealed Weapon
Carrying a concealed weapon without a license, or carrying a weapon in a car, is a felony punishable by up to 5 years in prison and substantial fines. This offense, although often innocuous, is treated seriously by courts and prosecutors. It is not uncommon for defendants, without retained counsel, to end up stuck in jail awaiting court because of an unnecessarily high bond. In many cases, defendant’s charged with CCW are innocent and a good lawyer can get the charges dismissed.
Illegal Possession of a Firearm
Illegal possession of a firearm can refer to several instances and is probably not a charge but a generic phrase covering one or more other offenses. Carrying a concealed gun without a concealed carry permit or concealed pistol license (CPL) is one example (this would probably be charged as a Carrying a Concealed Weapon). Others could be Felon in Possession of a Firearm (having a gun if you have a felony on your criminal record) or Felony Firearms (carrying a gun at the time that you commit a separate, unrelated, felony crime).
Felon in Possession of a Firearm
In Michigan, a convicted felon is forbidden from carrying a gun unless they have undergone a very strict process to have their gun rights restored. A felon found in possession of a gun is subject to felony charges. For some offenses, a felon’s right to possess firearms may be automatically restored and other convictions require a court order for restoration of gun rights.
Possession of Firearms on Certain Premises
It is against Michigan law to carry a gun into certain buildings. These laws apply to long guns and pistols. These prohibited buildings including banks, churches, daycare facilities, courts, hospitals, theatres, and establishments licensed under liquor control. This prohibition extends even to those that have a lawful concealed weapons permit (CPL). A violation of possessing a weapon in a prohibited business can result in misdemeanor charges and jail time of up to 90 days.
Carrying a Dangerous Weapon with Unlawful Intent
If someone is found to possess a weapon, including a gun, that they intended to use it unlawfully or in the commission of a crime (even a misdemeanor), they could be charged with this felony. It is a very serious crime punishable by up to five years in prison.
Illegal Discharge of a Weapon
Even registered, legal gun owners can be charged for what is deemed “reckless” or “unsafe” firing of that weapon. Firing a gun to celebrate a holiday, inside a building, in a crowded area, or even just outside in a residential neighborhood can all result in a charge for illegal discharge of a weapon. If death or serious bodily injury occur as the result of an illegal or reckless discharge of a firearm, the maximum possible prison sentence is greater.
Not all weapons are guns. Some knives, pepper spray, brass knuckles, and Tasers are examples of weapons that are not firearms. Not all weapons are legal in Michigan, and anyone found carrying a prohibited weapon is subject to serious felony charges. If the weapon is concealed or in a car, there may be multiple felonies that are charged.
Felony firearm refers to the crime of carrying a firearm while another felony is being committed (or attempted). Felony firearm is a separate felony charge from the felony that was being committed at the time the weapon was possessed. A Felony Firearm conviction carries a 2 (two) year mandatory prison sentence that follows any other convictions. This means that sentence for Felony Firearm does not start until any other prison sentences are concluded. Another word for this is consecutive sentencing.
Larceny of a Firearm
An accusation of stealing a firearm is a felony charge that may result in a sentence of up to 5 years in prison.
Brandishing a Firearm
It is illegal under certain circumstances to display a firearm, even if not pointed at someone. This offense is referred to as Brandishing a Firearm and may result in a sentence of up to 90 days in jail.
A Criminal Conviction Can Be Life Changing
In addition to jail and employment problems, a criminal conviction can result in loss of your driver license, changes in child custody, civil lawsuits, damage to your reputation, and more. We know that you want someone who will represent you like they would their own family member. This is the type of care and dedication you will get from LEWIS & DICKSTEIN, P.L.L.C. We have an unparalled track-record for winning in Troy and in Oakland County, Michigan.
Do not hesitate to call us for a free consultation with an experienced criminal defense attorney at (248) 263-6800 or you can fill in the Contact Request Form and we will promptly contact you.
“We will find a way to
help you and, most importantly,
we are not afraid to win!“
– LEWIS & DICKSTEIN, P.L.L.C.