Consequences for a Convicted Felon Caught With a Firearm

 Posted on August 12, 2024 in Criminal Defense

As a convicted felon in Maryland, possessing a firearm can lead to severe legal consequences. A Maryland lawyer can help you understand the potential penalties and important factors to consider if you find yourself in this situation.

Federal and State Laws

Both federal and state laws prohibit convicted felons from possessing firearms. In Maryland, this restriction applies to all types of firearms, including handguns, rifles, and shotguns. The law aims to protect public safety by keeping weapons out of the hands of individuals with certain criminal histories. This prohibition extends beyond ownership to include any form of possession, even temporary control of a firearm. 

It is important to note that these restrictions also cover ammunition and firearm components. The law applies to both actual and constructive possession, meaning a felon can face charges even if the firearm is not directly on their person but is under their control, such as in their home or vehicle.

Potential Penalties

If you are a convicted felon caught with a firearm in Maryland, you may face:

• Prison time: Up to 15 years in federal prison or up to five years in state prison

• Fines: Up to $250,000 for federal charges or up to $10,000 for state charges

• Probation or parole violation: If you are on probation or parole, possessing a firearm can result in additional penalties

The severity of these penalties often depends on factors such as your criminal history, the circumstances of your arrest, and the type of firearm involved.

Defenses and Legal Strategies

While the consequences are serious, there may be defenses available in your case. Some potential strategies include:

• Challenging the legality of the search that led to the discovery of the firearm

• Arguing that you did not knowingly possess the firearm

• Demonstrating that your rights have been restored through a pardon or expungement

For example, if law enforcement searched your vehicle without probable cause or a warrant, any evidence found during that search might be inadmissible in court. In one case, a client’s charges were dismissed after we successfully argued that the police officer lacked reasonable suspicion to initiate the traffic stop that resulted in finding the firearm.

Every case is unique, and the best defense strategy depends on the specific details of your situation.

Contact a Bel Air, MD Criminal Defense Lawyer

If you are a convicted felon facing charges for possessing a firearm, you should seek an experienced Towson, MD criminal defense attorney immediately. An attorney can evaluate the strength of the evidence against you and identify potential violations of your rights during the arrest or search. They can also negotiate with prosecutors for reduced charges or penalties and develop a strong defense strategy tailored to your case. Call Seger Law, LLC at 443-208-4692 to schedule a free consultation.