Possession of Firearm by Convicted Felon Lawyer in Lake Charles

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A felon is one who has been convicted for a crime punishable by a prison time at hard labor. If you were convicted for certain felonies, you cannot possess a gun; your right to a firearm has been stripped for 10 years. Possession of a firearm by a felon is a crime under federal and state law. A felon is expected to stay away from firearms. The bar is raised as high as deeming it illegal for a felon to live in a house with someone who possesses a firearm or in premises holding a firearm.

Felonies are serious crimes, such as sexual assault, murder, grand theft, and other grievous crimes. A person convicted for felony loses several rights and the right to possess a firearm is one of those rights. The firearm law seeks to help restore sanity and caution to a felon. For example, keeping away firearms from a felon that was convicted for a violent crime involving a firearm may help prevent repeat offenses.

Key Requirements for Prosecution

Prosecution of possession of a firearm has some key requirements that determine if an individual is guilty of this charge or not;

· The first key requirement for this charge is that the person has a felony conviction. A felony conviction could be any crime, as long as the person is required to serve more than one year in prison. So, for an offender to be considered a felon, he must have had a conviction punishable by more than one year in prison. The crime for conviction may not matter in this case. It could be drugs, fraud, violence, murder, or any other felony.

· The second key requirement is possession, and not ownership. These two shouldn't be mistaken. A felony can only be prosecuted for possessing a firearm, not owning one. If a felon borrows a firearm or has one in his possession, he can be prosecuted. A felon who owns a firearm can have it locked away, not in the house either until their firearm right is restored.

· The last requirement is a firearm. A firearm is a weapon or gun. It could be a rifle or handgun capable of expelling bullet when fired. The firearm in possession must be in an operable condition for the charge to be supported.

Constructive Possession

A felon is banned from having a firearm around them or even living a house with a firearm. A felon can still be charged with constructive possession of fireman even if they are not entirely in possession. Constructive possession of firearm happens when you are not in actual physical possession of the firearm but you have a knowledge of the presence of the firearm in your property and when you can exercise control over the firearm.

A felon can be guilty of possession of a firearm in Lake Charles without even handling the firearm. If they borrow a car knowing that there is a gun in the trunk of the car, they can be charged for constructive possession.

Incriminating Factors or Circumstances for Possession of a firearm

The weight of your case depends on specific circumstances that you were arrested in. Some circumstances that can weigh heavily on your case include;

· The firearm being in proximity or plain view

· Firearm found in a felon's home

· Firearm found in a felon's bedroom

· Firearm found on the side of the car or control over a firearm

These incriminating factors or circumstances doesn't mean your case is shut and closed. Even amidst all these, there are defenses a skilled possession of a firearm by a felon lawyer in Lake Charles and Calcasieu Parish can still pull up. The most important thing to do when you get arrested for possessing a firearm is to contact Carl Barkemeyer, a defense attorney in Lake Charles and Calcasieu Parish area. He is skilled in pulling off defenses for possession of a firearm by a felon case.

What Happens If a Felon is Caught in Possession of a Firearm

Possession of a firearm by a felon is a felony crime punishable by a prison sentence between 1 to 3 years. Repeat offenses may be more severe and may attract harsher punishment from the court.

A felon caught in possession of a firearm may also be required to pay criminal fines and serve other punishments. Also, it may prolong the duration of your firearm right restoration and harm your ability to own a firearm in the future.

Can A Felon’s Firearm Rights Be Restored?

The good thing here is that you can be able to legally possess a gun/firearm again. There are possible ways for felons to seek firearm right restoration. Usually, the firearm right is restored when your crime gets expunged from your record. So, you may need to apply for the expungement of a criminal record.

In Lake Charles and Calcasieu Parish, your firearm right is restored when you complete your sentence, including parole requirements and probation. After 10 years of completing your sentence, you can legally possess a firearm. 10 years is the longest you need to wait for your right to possess a firearm to be reinstated.

Defense Against Possession of Firearm by A Felon

In Lake Charles, cases of possession of a firearm by a felon are usually taken seriously so the offender must get legal help from a skilled possession of a firearm by a felon lawyer in Lake Charles. Your lawyer works on getting valid defenses against the crime you are charged for so that you can get a favorable outcome.

· A typical defense used against possession of a firearm by a felon is a lack of knowledge. The defense lawyer raises a defense that the defendant wasn't aware of the firearm around him.

· Another defense that could be raised is the "fourth amendment", which prohibits unreasonable searches.

Talk to Carl Barkemeyer

Carl Barkemeyer is a defense Lawyer with long length experience in criminal cases, including possession of a firearm by a felon. Every case is unique and he does well to treat all uniquely. Contact Carl Barkemeyer for the defense you deserve.