Defending Against Gun Crimes Charges
In Indiana, you could be charged with unlawful possession of a firearm if you have a gun on you without a license or if you have been prohibited from having a weapon because of a prior conviction. Weapons charges can be pursued as Class A misdemeanors, Level 5 felonies or Level 4 felonies. The level is tied to the type of conduct involved and the statute that you allegedly violated. If you are convicted of a misdemeanor or a felony, you could be looking at anywhere from a maximum of one year in jail to up to 12 years in prison. Although the potential penalties for a gun crime are severe, do not lose hope for your case. Our defense attorney at the Law Office of B.D. Williams can fight to help you seek to avoid or minimize the punishments.
At our firm, our lawyer recognizes how a conviction can affect the lives of the individual charged and their family. He cares about protecting the rights and futures of the people he serves, which is why he delivers the hard-hitting defense people need. Attorney Brian Williams is thorough in his research and puts in the time and effort necessary to build solid and innovative legal strategies for our clients. When you choose us for your defense, you will be treated like a person. Our lawyer will take the time to learn about you and your needs and goals and will stand steadfastly beside you as he pursues optimal results.
What Constitutes Unlawful Possession Of A Firearm?
Indiana has several laws prohibiting people from possessing guns under certain circumstances. These statutes include:
- IC § 35-47-2-1: This law states that it is illegal for a person to have a firearm on them when they do not have a gun license. However, exceptions exist, such as when the individual has the weapon in a vehicle they own and it’s in a locked case in an inaccessible location, is on their own property, or is on another’s property and they have the owner’s consent.
- IC § 35-47-4-5: It is unlawful for a serious violent felon to possess a firearm. A serious violent felon is someone who has been convicted of an offense such as any of the following:
- IC § 35-47-4-6: Under this statute, it is illegal for a person to have a firearm if they have been convicted of domestic battery. Domestic battery includes offensive, rude or insolent touching or placing bodily fluids on a family or household member.
- IC § 35-47-4-6.5: An individual may be prohibited from owning a gun if a court has found them to be a dangerous person. A dangerous person is someone who is considered to pose an immediate risk to themselves or others, is likely to cause injury to themselves or others because of a mental illness, or has evidence against them supporting that they could potentially commit a violent or suicidal act.
Regardless of the type of gun-related crime that you have been accused of, entrust your case to our lawyer at the Law Office of B.D. Williams in Indianapolis. He gives each client the attention and legal representation they deserve.
Possible Sentences For Unlawful Possession Of A Firearm
The penalties for gun crimes are serious. They carry the potential for incarceration and fines. The exact punishments that a judge can impose depend on the facts of the case.
For instance, possession of a gun by an unlicensed person, unlawful possession by a domestic batterer and unlawful possession by a dangerous person are each Class A misdemeanors. In Indiana, Class A misdemeanors are penalized by up to one year in jail and/or up to $10,000 in fines.
Unlawful possession by an unlicensed person can increase to a Level 5 felony when the offense was committed on or in school property, on a school bus or by someone with a prior gun crime conviction.
The minimum sentence for a level 5 felony is one year of imprisonment; the maximum is six years. Additionally, the judge can impose a fine of up to $10,000.
Unlawful possession by a serious violent felon is a Level 4 felony. For this weapons charge, the minimum prison sentence is two years and the maximum is 12 years. It also carries a fine of not more than $10,000.
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Fighting a gun-related charge requires the ability to develop and present persuasive arguments. Backed by two decades of experience, our attorney has the skills necessary to defend you.