Carrying a Firearm With Unlawful Intent

Gun crime attorney in Grand RapidsIf you are accused of carrying a firearm with unlawful intent, you will need the assistance of a gun crime attorney in Grand Rapids. In Michigan, someone convicted of this offense faces very serious penalties.

Elements of the offense

Generally, prosecutors must prove the following two elements to convict someone of carrying a firearm with unlawful intent:

  • Carry a Dangerous Weapon. This means that the defendant must have carried a firearm or dangerous weapon such as a gun, pistol, or other firearm, dagger, knife, razor, dirk, or any other dangerous weapon. Typically, a knife with a blade of three inches or longer is considered a deadly weapon.
  • Unlawful Intent. This means that it must be shown that the defendant had the intent to use the dangerous weapon against another person. This element can be hard to prove, as prosecutors have to get into the defendant’s mind and prove his motives. An experienced gun crime attorney in Grand Rapids can attack the prosecutor’s evidence and help prove that this intent is lacking.

What are the penalties?

Carrying a firearm with unlawful intent is considered a felony in Michigan. Someone convicted of the charge faces a possible five-year prison sentence and up to a $2,500 fine.

Possession of a firearm while attempting a felony

Along with carrying a firearm with unlawful intent, a person who possesses a firearm while attempting or committing a felony faces an additional felony charge and penalty. This additional penalty is on top of the penalty for the underlying felony.

For example, if the defendant is arrested for an armed home invasion robbery, the defendant will face felony charges for the home invasion robbery and separate felony charges for possessing a firearm. The prison sentences for the two offenses may run consecutively. Someone convicted of possessing a firearm while attempting a felony faces up to two years in prison for the first offense.

Contact an experienced criminal defense attorney today

The penalties for gun possession are severe and your lawyer can help you review possible defenses. Contact Jolene J. Weiner-Vatter, an experienced gun crime attorney in Grand Rapids, at (616) 451-4446 to help you fight your gun possession charge.

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