Possession of Firearm by Felon or During Commission of Drug Offense
Under the law, if you have been convicted of a felony, you are no longer allowed to possess a firearm. A felony is defined as any offense for which the punishment is more than one year of imprisonment. It is best to speak to a criminal defense lawyer after such a conviction to determine if it will be considered a felony for this type of charge. Felon in possession of a firearm is usually charged as a federal crime when it is associated with other federal offenses. For example, if you are involved in illegal drug activity and possess a firearm in association with that activity, felon in possession will likely be included in your indictment if you are considered a convicted felon. Federal court may also intervene when the defendant has an extensive criminal past and is subject to the Armed Career Criminal Act, carrying a mandatory minimum of at least fifteen years.
The government takes this offense seriously and as a result, the penalties associated with a federal offense can be quite severe (up to ten years in prison) even if you were in possession of the firearm for innocent reasons. Further, it does not matter when the past conviction occurred, once you are convicted of a felony, you are no longer provided the Second Amendment right to bear arms. At first glance, a felon in possession indictment seems like a clear-cut case. The government need only prove that you were previously convicted of a felony and that you were in possession of a firearm. However, there may be important and substantial defenses to your particular situation, such as a constitutional violation by police or justification for possessing the firearm. Our attorneys pride themselves in providing our clients with the best possible defense. We will investigate the circumstances of your case thoroughly to determine any errors by the government and any potential defenses.
18 U.S.C. § 922(g) provides that it is unlawful for any person
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
South Carolina Defense Lawyer
Our South Carolina defense lawyers at Russell Mace & Associates, P.A. are aggressive and highly experienced with federal law. With over fifteen years of experience, we know exactly what it takes to obtain a favorable outcome in your case. We will do our best to ensure that all of your rights are protected and that you are kept fully informed through every stage of the process. With attorneys licensed in South Carolina, Georgia, Florida, and New York, we have the degree of knowledge that you are seeking in a defense lawyer. We represent clients in a variety of jurisdictions, including Charleston, Florence, Columbia, Greenville, Myrtle Beach, North Myrtle Beach, Conway, Aiken, and many more. If you or a loved one has been charged with a federal offense, contact one of our criminal defense attorneys for a free consultation. You may also contact us online.