Farmington Hills Firearms Charge Lawyer
MICHIGAN WEAPONS CHARGE ATTORNEY
Any charge involving a weapon is likely going to receive special attention from both the prosecutor and the judge because of the potential for injury or loss of life. This is particularly true when dealing with gun charges. In areas with high levels of gun violence, prosecutors will often-times take a very aggressive approach both to the charges issued and in seeking incarceration.
Once a weapon is introduced into a criminal context it can result in a much more serious charge being issued than had a weapon not been involved. One example of this is felonious assault (also known as assault with a dangerous weapon). A situation involving misdemeanor assault and battery can be charged as felonious assault because of the use or threatened use of a ‘dangerous weapon.’ That means the difference between a 93 day misdemeanor and a four year felony.
Possession of a firearm during the commission of a felony can result in a felony firearm charge.
A felony firearm conviction results in a mandatory 2 year prison term served consecutive to the other underlying felony. In their zeal to prosecute gun charges, prosecutors frequently tack on a felony firearm charge to increase the potential prison time faced by a defendant.
Michigan Carrying a Concealed Weapon (‘CCW’)
Under Michigan law it is illegal to carry either a ‘dangerous weapon’ or a firearm concealed on or about your person or in a vehicle (concealed or otherwise) unless licensed to do so. Carrying a concealed weapon is a felony punishable by up to 5 years in prison and a $2,500 fine.
Michigan does have a concealed pistol license (‘CPL’) law that allows individuals to carry a firearm if they meet the statutory requirements. However, an individual licensed to carry a concealed pistol is prohibited from possessing a concealed pistol on their person or motor vehicle while they have any bodily alcohol content (.02 bodily alcohol content [BAC] or above) or a controlled substance. Violations can result in a civil infraction or a misdemeanor charge and loss of your CPL.
It is also felony to manufacture, distribute, sell or possess certain weapons including short-barreled shotguns and rifles, armor-piercing ammunition, silencers, brass knuckles and bombs.
Defending weapons charges requires a thorough knowledge of the many exceptions and legal defenses relating to these charges. It also requires a great deal of legal skill and courtroom experience. Jeffrey Buehner has successfully defended many clients charged with all manner of weapons offenses and he can provide you with the type of aggressive, effective defense you are looking for.