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Objects such as clubs, explosive weapons, firearms, and knives over a certain length can be characterized as dangerous weapons in Midland. If an individual has these weapons when they are committing another offense or at a location that is weapon restricted, they could face charges of unlawful possession.
If you face unlawful possession charges, you should speak with a Midland prohibited possession of weapons lawyer as soon as possible. A seasoned gun attorney could stand by you and work on your behalf through the pre-trial process, and if necessary, they could fight for you in court.
Elements of an Unlawful Possession Charge
To successfully convict someone of unlawful possession, the prosecution must demonstrate that the person was in control of the weapon, they were possessing it, and something about their possession made it illegal. Scenarios that can make weapon possession illegal are:
- The individual is in the wrong place, such as a school zone
- They are a felon
- They are committing another offense at the same time
- The manner in which they are using the weapon is unlawful
An individual does not need to have the weapon on their person for these charges, as the weapon just has to be within their control. This is often interpreted as being within an arm’s reach or in the vehicle with them. If an individual is in a vehicle, they are in control of the property inside that vehicle. Depending on the circumstances of a situation, a Midland prohibited possession of weapons lawyer could attempt to argue that an individual was not actually in possession of a weapon.
If someone is a convicted felon. They cannot possess a firearm. If they have been found guilty of a crime of violence, they cannot possess a firearm. If they have been convicted of a misdemeanor and get jail time as part of the punishment. They can still possess certain firearms like long guns and shotguns. But they cannot possess a handgun for at least five years.
The defendant is a convicted felon and was using the firearm in a reckless or dangerous manner. They could possibly be facing additional charges based on how the firearm was used. If they had a criminal history. Then that criminal history would be used to enhance the penalties on the current charge.
Penalties for Prohibited Possession of Weapons
Prohibited possession of weapons charges can be charged as a felony, which carries prison time. For example, assault with a deadly weapon is a second-degree felony, which can result in up to 20 years in prison.
The mandatory minimum for a possession of a weapon by a felon. Or possession of a firearm by a felon, is two years in prison. The defendant can get probation instead of prison time, but the minimum length of probation would also be two years.
Hiring a Midland Prohibited Possession of Weapons Attorney
It is always good to work with a local attorney who knows the local court system, prosecutors, the sheriff’s office. Law enforcement agencies, and knows what kind of evidence they typically have the capacity to collect. Because local officials and attorneys are familiar with each other. A local attorney could be better able to negotiate a favorable deal on behalf of the accused.
If you face unlawful possession charges in Midland, you should consult with a capable lawyer as soon as possible. The charges you face could result in jail time. But a Midland prohibited possession of weapons lawyer has the ability to examine the circumstances of your case and build a defense.