If you face illegal possession of firearm charges in Columbus, Ohio, it is critical that you contact a defense attorney for help. Convicted felons are already scrutinized. And if you’re arrested for possession of a firearm by a convicted felon, the state will likely try to ensure you receive a conviction with a harsh sentence.
Don’t trust your defense to a public defender or try to handle things alone. Get the defense you deserve from a private criminal defense lawyer.
At Luftman, Heck & Associates, we are passionate about helping people avoid life-changing convictions. Your gun charge lawyer will analyze the evidence to formulate a defense strategy that is sure to result in an acquittal.
Unlawful Possession of Firearm Charges
Ohio law recognizes the constitutional right for individuals to own guns. But under the law, convicted felons do not have the right to own firearms.
Sometimes referred to as having a weapon under disability, “unlawful possession of a firearm” could destroy the life you have worked so hard to rebuild.
ORC §2923.13 states that a person cannot get, have, carry, or use a firearm or other weapon if any of the following apply:
- The person is a drug addict
- The person is a chronic alcoholic
- The person is a fugitive
- The person has been deemed mentally incompetent
- The person is under indictment
- The person has been convicted of a felony crime
As you can see, there are several situations in which you could be stripped of your right to have a firearm or other “dangerous ordnance.”
Examples of dangerous ordnance under Ohio law include:
- Firearm mufflers or silencers
- Automatic guns
- Sawed-off firearms
- Explosive devices
- Ballistic knives
- Any weapon manufactured for military purposes
The weapons crime charges you could face if you are accused of possession of a firearm by a convicted felon could have a devastating impact on your life. A gun charge lawyer could make all the difference in the outcome of your case.
When Possession of a Firearm by a Felon Charges Apply?
Few convicted felons will risk facing additional charges after they have done their time.
But not every convicted felon understands their rights. Many convicts will try to go on with their lives. They are unaware of how their rights have changed since their conviction. So, when they are arrested years later for trying to buy a firearm, they may be surprised and confused.
If this sounds like what you are going through, you are not alone. You may not have fully understood your rights. But that doesn’t mean your freedom should be taken away again. An aggressive defense is the best way to clear your name and avoid another conviction.
Penalties For a Possession of a Firearm By a Felon Conviction
Unlawful possession of a firearm by a convicted felon is a severe offense in Ohio. The state makes this a third-degree felony. These are punishable by a maximum prison term of five years. You could be ordered to pay fines as high as $10,000 as well.
Other criminal penalties you could deal with include:
- Community service
- Completion of an alcohol or drug treatment program
- Suspension of your driver’s license
- Suspension of any professional licenses
- Citizenship or immigration issues
If you were on probation or parole at the time of your arrest, you would likely have violated the terms of your release. You could be re-arrested and be incarcerated for the remainder of your original sentence. This will also be in addition to the charges you will face for possessing an illegal firearm.
Defending Against Gun Possession Charges
Presenting a compelling defense is essential if you hope to avoid being found guilty of the charges against you. The state’s prosecuting attorney has the burden of proof. They must prove beyond a reasonable doubt that you are guilty. It is our job to make sure the judge and jury doubt that you are guilty.
To obtain a conviction for unlawful possession of a firearm by a convicted felon, the state must prove that you knew you had an illegal gun. They will also need to show that you knew you should not have had a gun or weapon as a convicted felon.
There are several possible ways to defend your case. Some of the more common defenses used in unlawful possession of a firearm case include:
- Lack of intent
- Lack of probable cause
- Mental incompetence
- Police misconduct
- Inadequate lab results
- Improper lab practices
- Procedural issues
- Mistake of fact
Your weapons charge lawyer will carefully examine the details of your case. We can help you devise a strategic defense. The jury will have no other choice but to deliver a “not guilty” verdict.
Contact a Gun Charge Lawyer in Ohio
Are you facing gun charges? Possession of a firearm by convicted felon penalties is harsh. Don’t let your freedom be taken away. Get help preparing a powerful defense strategy. Contact a respected Ohio gun charge lawyer at Luftman, Heck & Associates. Schedule your free consultation today.