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Gun & Weapons Charges

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Gun & Weapons Charges

Being accused of a gun or weapons crime is frightening; the stakes are high, and your future is on the line. Michigan’s laws in this area are complex, and a conviction can lead to harrowing consequences, including prison time and the loss of fundamental rights. When your freedom is at risk, you need trial-tested attorneys who will fight for you.

For over 25 years, Lucido & Manzella, P.C. has defended clients against serious criminal charges across Michigan. We have a deep knowledge of firearms law and a track record of protecting our clients’ rights. We don’t offer cookie-cutter solutions; we develop a personalized, aggressive defense strategy for every case.

What Gun or Weapons Offenses Exist Under Michigan Law?

Michigan law defines many different firearms and weapons violations. Each carries its own set of penalties and legal nuances. Some of the most common offenses include:

  • Carrying a Concealed Weapon (CCW) Without a Permit: It is illegal to carry a pistol concealed on your person or in your vehicle without a valid Concealed Pistol License (CPL). A conviction is a felony punishable by up to five years in prison.
  • Possession of a Firearm by a Felon: Individuals with felony convictions are generally prohibited from possessing firearms. Violating this law is a felony that can result in up to five years of imprisonment.
  • Possession of a Firearm in a Restricted Location: Michigan law designates several “weapon-free zones,” such as schools, hospitals, and government buildings. Possessing a firearm in these areas is illegal, with penalties that increase with subsequent offenses.
  • Unlawful Use of a Firearm: This category includes offenses like brandishing a weapon to cause fear, discharging a firearm from a vehicle, or shooting at a building. These are serious charges, often classified as felonies with severe penalties.
  • Felony Firearm: Using or possessing a firearm during the commission of another felony adds a separate, mandatory two-year prison sentence that must be served consecutively with the sentence for the underlying crime.

What Penalties Might I Face If Convicted?

A gun crime conviction can change your life forever. The penalties differ based on whether the offense is a misdemeanor or a felony, but they are consistently severe. Depending on the charge, you could face:

  • Imprisonment: Sentences can range from months in county jail for misdemeanors to many years in state prison for felonies.
  • Fines: Significant fines, often thousands of dollars, are common.
  • Probation: A lengthy period of probation with strict conditions may be ordered.
  • Criminal Record: A permanent criminal record can create lifelong barriers to employment, housing, and educational opportunities.
  • Loss of Firearm Rights: A felony conviction will result in the loss of your right to own or carry firearms under both state and federal law.

What Defenses Are Available in a Gun Charge Case?

An arrest is not a conviction. There are several powerful defenses that a skilled attorney can raise to challenge the prosecution’s case. These include:

  • Illegal Search and Seizure: If law enforcement found the weapon through an unconstitutional search of your person, vehicle, or home, the evidence may be suppressed.
  • Lack of Possession: A prosecutor must prove you had control over the firearm. We can challenge cases of “constructive possession” where you were merely near a weapon you didn’t know was there.
  • Lack of Intent: For certain crimes, the prosecutor must prove you knowingly violated the law. We can argue you had no criminal intent.
  • Self-Defense: You may have been lawfully using the weapon to protect yourself or others from imminent harm.

Let Lucido & Manzella, P.C. Protect Your Future

Gun charges are serious, but a conviction is not your only outcome. Strong, effective legal representation can make all the difference. Contact Lucido & Manzella, P.C. for a consultation today. Let us evaluate your case, explain your options, and begin building a defense tailored to protect your rights and your future.

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