Are There Defenses for a Felony Firearm Possession Charge?

 Posted on June 06, 2024 in Criminal Defense

If you are facing a felony firearm possession charge, you might feel overwhelmed and uncertain about your future. The consequences of a conviction can be severe, including hefty fines and lengthy prison sentences. However, remember that an arrest does not equal a conviction. With the right legal strategy with a Maryland lawyer, you may have defenses available to fight the charges and protect your rights.

Make Sure You Understand the Felony Firearm Possession Charge

In Maryland, it is illegal for certain individuals to possess firearms, including those convicted of a felony, a misdemeanor, or a crime of violence. If you are caught with a gun under these circumstances, you could face felony charges.

Potential Defenses for Felony Firearm Possession

While every case is unique, there are several common defenses that a criminal defense attorney may explore when defending against felony firearm possession charges:

Lack of Knowledge or Intent

One potential defense is arguing that you did not know the gun was present or did not intend to possess it. For example, if you were in a car with others and a gun was found, but it was not yours, and you did not know of its presence, this could be a viable defense.

Illegal Search and Seizure

The Fourth Amendment protects you against unreasonable searches and seizures. If the police got the firearm through an illegal search, such as searching your home without a warrant or probable cause, your attorney may argue to have the evidence suppressed.

Temporary Possession

Sometimes, you may have a defense if you only possessed the firearm temporarily and for a legitimate purpose, such as self-defense or preventing a crime. However, this defense is limited and depends heavily on the specific circumstances.

Restoration of Rights

If a conviction previously resulted in the removal of your right to possess firearms, but you later had it restored through a legal process, you may have a defense against the charges. Your attorney can help determine if this applies to your case.

Constitutional Challenges

In rare cases, your attorney may challenge the law's constitutionality. While this is an uncommon defense, it is worth exploring with your lawyer to see if it could apply to your unique situation.

The Importance of a Strong Legal Defense

Facing felony firearm charges can be daunting, but remember that you have rights and options. Building a strong defense is crucial to fighting the charges and minimizing the potential consequences.

Working with an attorney is essential. Look for a lawyer with experience handling felony firearm cases who can guide you through the legal process and build a strong defense strategy. Your lawyer is your advocate; he or she needs to know all the facts to defend you effectively. Be honest about the circumstances of your case, even if some details may seem unfavorable. Your attorney can help determine the best approach based on the full picture.

Contact a Glen Burnie, MD Criminal Defense Attorney

With the right legal strategy, you can potentially fight felony firearm charges and work towards the best possible outcome. With a Bel Air, MD criminal defense lawyer on your side, you can have a better chance of securing the results you seek. Call Seger Law, LLC at 443-208-4692 for a free consultation.