Carl Barkemeyer, Criminal Defense Attorney, is known for going “all-out” in the defense of his clients. We are based in the wonderful state of Louisiana. Within the state, gun charges and other related crimes carry severe consequences if not handled appropriately. Possession of firearms by a convicted felon is one of the more severe charges. In the region, those facing these gun charges are usually prosecuted with the full power of the law. But do not fret, Carl Barkemeyer gas been in the criminal defense scene for a good number of years now. Over the years he and his team of attorneys have gotten used to the Louisiana justice system. If you need a possession of firearm by convicted felon lawyer Lafayette in the region of Lafayette Parish then we are very much at your service.
However, we have a lot of other gun-related criminal allegations such as:
1. Illegal use of weapons
2. Illegal carrying of weapons
3. Gun charge
4. Illegal possession of stolen firearm
5. Illegal carrying of weapons with CDS
6. Possession of firearm by person convicted of domestic abuse
At Carl Barkemeyer Criminal Defense Attorneys we defend all of our clients who come in contact with firearm charges throughout the entire state of Louisiana.
This possession of firearm by convicted felon is a critical criminal charge in the region. At Carl Barkemeyer Criminal Defense Attorneys, we have successfully defended hundreds of clients in various parishes and cities of the state of Louisiana. This is a severe charge with corresponding severity in sentence served. Typical state defense attorneys do not like to get involved in representing such defendants. But that is not the case with Carl Barkemeyer. He and his team of lawyers have gotten used to cases involving gun charges. We have gotten used to the most appropriate defense for such criminal charges. With the passing of time, we have perfected our techniques with which we defend our clints over the years.
To understand the severity of the crime, you should first know the sentences and repercussions involved. If a conviction is successfully established, the defendant is to be imprisoned with hard labor for a minimum of 5 years and a maximum of 20 years without any benefits of probation, parole, or even suspension of sentence. Additionally, a fine of at least one thousand dollars and at most five thousand dollars is to be paid. In essence, at least five years of prison time with no hope for parole or probation. As for the exact amount of years to be served, that decision is left up to the judge after considering all situations surrounding the crime. The judge will most likely consider how much time has passed since the defendant's last felony charge or charges. The judge might also be interested in knowing whether the defendant was involved with drugs in any way during or before his or her arrest.
The firearms that convicted felons bearing these restrictions cannot handle according to the legislature include:
3. Machine gun
6. Black powder gun
7. Submachine gun
8. Assault rifle which is designed to fire or has the ability to fire any fixed cartridge ammunition or from which a shot or projectile is discharged.
However, not every convicted felon has the firearm restriction placed on them. According to the law, every citizen is allowed to own a firearm by right. But convicted felons who are not allowed to carry or handle firearms include those who have been involved in a number of cases. These cases include:
1. Those earlier involved with simple burglary.
2. Those convicted for felony crime of violence.
3. Those convicted earlier for burglary of an inhabited dwelling.
4. Those with a record of burglary of a pharmacy.
5. Those convicted with a felony involving the illegal use of weapons or other dangerous instrumentalities.
6. Those with a history of possession or manufacture of a bomb or any incendiary.
7. Those with a history of possession or manufacture of a delayed action incendiary device.
8. Anyone previously charged with possession of a firearm during the distribution or the sale or while in possession of a controlled dangerous substance.
9. Anyone having previous felony drug charges
10. Anyone with a history of any of the sex offenses listed in R.S. 15:541
11. Anyone with a history of a crime which is defined as an attempt to commit any of the above-mentioned crimes.
12. Anyone with a history of any of the domestic abuse charges found in 14:95.10
Before a convicted felon has his or her right to handle firearms returned, then a period of at least ten years should have passed since the day he or she completed his or her sentence. After ten years, then the person could be said to have completed his probation or parole. That is to say for instance, that if such a person is convicted of Possession and sentenced to two years of prison time on the 1st of January 2008. Then the probation period will start after he is released on the 1st of January 2010. Then ten years later in 2020, the rights of such a person to handle firearms would be reinstated.
However, before anyone can be charged with this crime, there are a few things that the state would have to prove. As a possession of firearm by convicted felon lawyer Lafayette, these requirements are useful in vindicating the clients, if used properly. The requirements are:
1. Prove that the defendant possessed a firearm
2. Prove the absence of the 10-year probationary period
3. Prove that the defendant was earlier convicted on one of the above-mentioned charges.
4. Prove that the defendant had general intent to commit the offense.
On this note, there is a lot of hope for those facing this particular charge. But the wrong lawyer would most likely make things more complicated. Carl Barkemeyer Criminal Defense Attorneys is invested in getting his client's best interest. If necessary we would like to represent you as possession of firearm by convicted felon lawyers Lafayette.
Lafayette Parish District Court
Lafayette Parish Clerk of Court
H. Taylor - Baton Rouge, Louisiana