I Was Charged as a Felon in Possession of a Firearm – What Are My Options?

I Was Charged as a Felon in Possession of a Firearm – What Are My Options?

If you have been charged with being a felon in possession of a firearm, you are probably feeling scared, overwhelmed, and unsure of what to do next. I totally get it – this is a serious criminal charge that can result in years behind bars if convicted. However, there are options and defenses that a skilled criminal defense attorney can use to try to get your charges reduced or even dismissed. Don’t lose hope! Read on to learn more about the felony firearm possession laws, potential penalties, and legal strategies that may help your case.

The Felon in Possession of a Firearm Law

Under federal law, it is illegal for anyone who has been convicted of a felony to possess a firearm or ammunition. This law applies even if your felony conviction occurred many years ago. The legal statute is 18 U.S.C. § 922(g)(1). There are also similar state laws prohibiting felons from having guns.

To be convicted under this statute, prosecutors must prove these key elements beyond a reasonable doubt:

• You have been convicted of a felony – either federal or state crime punishable by imprisonment for more than 1 year
• After the conviction, you knowingly possessed a firearm or ammunition
• The firearm or ammo was connected to interstate commerce in some way (i.e. crossed state lines)

This crime is punishable by up to 10 years in federal prison. Penalties may be increased based on your criminal history. Some states also impose additional penalties like fines, probation, etc. Bottom line – these are very serious charges that you need to take seriously.

When Were You Allegedly in Possession?

A key fact that can impact your defense is when you allegedly possessed the firearm. There are a few scenarios:

• Before the felony conviction – If you had the gun prior to being convicted of a felony, you may be able to argue that you did not violate the law, which applies to firearm possession after a felony conviction. But timing is key.
• After the felony, but civil rights restored – Some states have procedures for restoring certain civil rights, like gun ownership, after a felony sentence is complete. If your right to own a gun was legally restored, you may not have violated the law.
• Inherited or unknown possession – You may not have knowingly possessed the firearm, for example if you inherited it or someone left it at your house without your knowledge.

When you allegedly possessed the firearm can significantly impact available defenses. Your attorney will thoroughly investigate the timing and circumstances.

Possible Defenses to Felon with a Firearm Charges

While these charges are serious, there are often viable defenses that a skilled lawyer can raise on your behalf. Some potential defenses include:

You Did Not Knowingly Possess the Firearm

Recall that “knowing” possession is required. You may not have intentionally and consciously possessed the gun. For example, if a friend left a gun in your car without telling you, or you unknowingly picked up a bag containing a gun. Lack of knowledge can negate this key element.

You Had No Control or Dominion Over the Firearm

Possession requires control and dominion over the object. If you were simply in the vicinity of a gun but did not have personal control, a lawyer may argue no possession occurred. Being near a gun or having access to it is generally not enough to constitute possession.

The Firearm Was Not Connected to Interstate Commerce

The government must prove the gun traveled across state lines at some point, like being manufactured in one state and then transported to another. If there is no evidence of interstate commerce, your lawyer can challenge this element.

You Were Misidentified

Mistaken identity is another potential defense. If you were wrongly identified as the person who possessed the gun, you cannot be convicted.

Your Felony Conviction Was Invalid

In rare cases, a prior felony conviction can be challenged as invalid, for example if your constitutional rights were violated. Getting a conviction overturned is very difficult however.

Duress or Necessity

You may have only possessed the firearm under threats or because you had no other choice in an emergency. While tough to prove, duress and necessity are possible defenses in extreme cases.

Sentence Reductions and Plea Options

Rather than going to trial, your attorney may be able to negotiate with the prosecution for reduced charges or a lighter sentence. Some options include:

• Plea to a misdemeanor – Plead guilty to a lesser misdemeanor firearm charge in exchange for dismissal of the felony.
• Diversion programs – Complete a diversion program, avoiding conviction and receiving record expungement.
• Minimum sentence – Argue for the lowest possible sentence under sentencing guidelines.
• Time served – Agree to plead guilty in exchange for a sentence of time already served in jail pre-trial.

An experienced negotiator can often work out deals like this with the prosecution.

Don’t Go It Alone – How a Lawyer Can Help

Never try to navigate felony firearm possession charges on your own. An experienced criminal defense lawyer can protect your rights, build a strong defense, and negotiate for reduced penalties. Here’s how a lawyer can help:

• Fully examine the evidence and challenge any illegally obtained evidence
• Interview witnesses and conduct an independent investigation of what occurred
• Negotiate with prosecutors for reduced charges or alternate resolutions
• Suppress evidence due to constitutional violations
• Obtain experts to evaluate and testify in your defense
• Navigate the complexities of plea agreements
• Advise you on possible consequences and outcomes so you can make informed decisions

Never go through this alone. The stakes are too high. With an aggressive defense lawyer on your side, you can give yourself the best chance at the most favorable outcome possible.

The Bottom Line

Being charged as a felon in possession of a firearm is scary. But there is hope. With an experienced criminal defense lawyer helping build your case, educate you on the law, and negotiate on your behalf, you may be able to get charges reduced or even dismissed. Don’t wait to seek legal help. A strong defense takes time to build. The sooner you contact a lawyer, the sooner they can start protecting your rights.

I know this is an overwhelming situation. But hang in there. With the right legal team fighting for you, there are options. Don’t lose hope!

References

Here are some references used in this article:

18 U.S.C. § 922(g)(1) – Federal law prohibiting felons from possessing firearms.

DOJ Resource Manual on Firearm Possession by Felons – Overview of federal prosecution.

Nolo – Can a Felon Possess a Gun? – Discussion of state laws and restoration of rights.

Shouse California Law Group – Examples of possible defenses in California.