Felon in Possession
Being charged with felon in possession of a firearm is a serious crime and can often add years to a prison sentence. To prove the charge, the government must show that the defendant is a felon and that he or she knowingly possessed a firearm. That's it. Often, the case will come down to whether the person knowingly possessed a firearm not whether the person is a felon. Proving possession can be tricky. Yet the defendant does not actually have to touch or hold the firearm. The government, to support a knowing possession of the gun, must establish the defendant had control or could have control over the firearm.
What is a Firearm?
Obviously, a gun qualifies as a firearm. But it gets trickier in cases related to ammunition. Most states do not include ammunition in the definition of a firearm. However, the federal government does include ammunition into the firearm statute. Oftentimes, antique weapons are exempt from qualifying.
When Can a Convicted Felon Possess a Firearm?
Generally, a convicted felon can never have or possess a firearm again. While some states allow the felon to possess a firearm after a certain amount of time has passed, the same is not true under federal firearm laws. So, even while a state like California may not charge the defendant, the federal government always can.
What Are the Consequences?
While felon in possession of a firearm charges are lower in seriousness compared to many other crimes, punishment can still range from two to ten years. The sentence can be even higher if the criminal history category of the defendant is high. This is true in both California and the federal courts.
Felon in possession of a firearm charges can be very difficult to defend considering the relatively easy elements of the law. Yet punishment can be very severe. Therefore, you need to hire an experienced felon in possession attorney who will help you beat your charges. Call the Law Offices of Nicco Capozzi at (559) 374-2012, today!