Once drugs are found on a person after search and seizure by an officer, the next thing they usually look for is a weapon or firearm. More often than not, a firearm is found, especially if the person was looking to distribute or traffic the drugs to other people. Being caught with a firearm at the same time of drugs is a very serious charge in Louisiana and in the nation as a whole. This possession of firearm with drugs charge can carry very severe penalties in Livingston Parish and Denham Springs area and should not be taken lightly. Carl Barkemeyer, criminal defense attorney has defended numerous drug charges over the year including those that also had possession of firearm at the same time of the arrest for possession of drug charges. If you were recently charged with this, it is imperative you seek legal advice soon so that your case can be looked at and given the expertise it requires to help defend you in court.
The possession of firearm with drugs charge has a very specific definition in the Louisiana state law. It includes a few different circumstances in which it is illegal to possess a firearm at the same time as possessing other narcotics or illegal substances like drugs. It states that it is illegal to use, possess, or have under your immediate control any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon,
1. while committing or attempting to commit a crime of violence, or
2. while unlawfully in the possession of a controlled dangerous substance, except the possession of fourteen grams or less of marijuana, or
3. during the unlawful sale or distribution of a controlled dangerous substance
This law explicitly describes the situation in which the charge would be applied, including during a crime of violence, while in the possession of drugs, and/or during the distribution of those drugs in your possession. The Louisiana legal system generally combines the definitions of illegal possession of firearm and illegal possession of drug charges to come this legal definition which governs the state.
Because possession of firearm with drugs charges are serious, their punishments follow that up with very severe penalties. The punishments are stated as follows:
The offender shall be fined not more than ten thousand dollars and imprisoned at hard labor for not less than five (5) nor more than ten (10) years without the benefit of probation, parole, or suspension of sentence.
Upon a second or subsequent conviction, the offender shall be imprisoned at hard labor for not less than twenty years nor more than thirty years without the benefit of probation, parole, or suspension of sentence.
This goes to show how stringent the punishments are, especially if you have already been convicted of this charge in the past. The minimum prison time for a second offense is 20 years without probation or parole which is a huge majority of our adult lives. For this reason alone, it is imperative you get the legal help you need to help fight the charges and fight for your freedom in court.
Even though possession of firearm with drugs is a very serious charge in Louisiana, there are still viable defenses that can be applied to your case to help you achieve the most ideal outcome for your future. In the legal world, every case is different and facts are always different so they must constantly be looked at and checked for correctness. The defenses to any gun charge or drug possession charge are always fact-intensive which requires a great deal of knowledge and experience, similar to that of Mr. Barkemeyer’s since he has defended so many similar cases in the past. The prosecutor must prove that you knowingly and intentionally possessed the drugs and gun which can be hard to prove through inconsistencies and lack of evidence. We can find defenses in these possession cases by finding holes in their ability to prove possession and showing that possession could not be possible. An experienced criminal lawyer that handles drug and gun possession cases regularly like Carl Barkemeyer knows what to look for. It is extremely important that you come to us for legal assistance so we can start to take a look at your case and determine the best course of action to help defend your freedom and achieve a positive result in the case.
If you have recently been arrested and charged with illegal possession of firearm with drugs in the Livingston Parish or Denham Springs area of Louisiana, we highly recommend you reach out to us for help defending your case. The punishments that go along with this charge are extremely severe and can be life-altering when you look at just the minimum punishments. They carry very long prison times and heavy fines that can negatively impact your future and the future of your loved ones for a very long time. Our legal team here at the office of Carl Barkemeyer, criminal defense attorney are highly experienced and knowledgeable of cases involving illegal possession of firearm with drugs charges and have defended many cases in the past. Because of this, we know to setup a framework for your case so that all possible defenses are looked at to help fight for your freedom. For those charged with illegal possession of firearm with drugs in the Livingston area, contact us at 225-964-6720 so we can take a look at your case and start to provide legal assistance to help you achieve the most ideal result for the future of your wellbeing.
H. Taylor - Baton Rouge, Louisiana