Carmel Serious Violent Felon in Possession of Firearm Attorney
Indiana law severely punishes serious violent felons who are found to possess firearms. Someone can be charged with a felony even if only one instance of possession is alleged. Charges involving serious violent felons in possession of firearms are charged very aggressively by the court, and these cases can move very quickly. To protect your rights, contact a Carmel serious violent felon in possession of a firearm lawyer as quickly as you can.
Possession charges are unique because they are considered status offenses. This means that instead of requiring certain actions like other firearms offenses, the state only needs to prove you possessed a firearm and meet the definition of a serious violent felon. Even though the law seems simple on the surface, these cases often involve complex legal and factual disputes.
About The Criminal Defense Team of Baldwin Perry & Wiley P.C.
Baldwin Perry & Wiley P.C., The Criminal Defense Team, is a criminal defense-only law firm located in Indiana that represents clients throughout Carmel. Although Carmel is located in Boone County, most of our cases are handled at the Hamilton County Judicial Center located in Noblesville. The address is 1 Hamilton County Square, Noblesville, IN 46060.
Here at The Criminal Defense Team, we function differently from most criminal defense attorneys. Firstly, our entire firm deals in major felony defense. Every serious case is handled with our team approach, which allows at least 2 attorneys and a paralegal to review all the evidence, identify the issues involved, and begin developing a strategy.
Our Team
The Criminal Defense Team has a former prosecutor on staff. Having an attorney who understands not only how police tend to construct their version of events but also how prosecutors work with their witnesses and evidence for trial can help any defense case.
There are only six Board-Certified* Criminal Trial Specialists in Indiana. What makes this number even more astounding is that five of them work at The Criminal Defense Team. For the record, only five of our lawyers are Board-Certified,* not the whole firm. The Criminal Defense Team’s team approach, along with over 100 years of combined legal experience, allows us to focus on only serious felony defense and handle every case with precision.
Serious Violent Felon in Possession of a Firearm Laws in Carmel, Indiana
Indiana Code § 35-47-4-5 is the statute often cited in firearm possession cases involving convicted felons. According to the law, individuals labeled as serious violent felons are prohibited from possessing a firearm, with intent or knowledge. Specifically, the law lists out the offenses that apply.
Murder, voluntary manslaughter, specific robbery convictions, aggravated battery, and certain sex offenses are among the crimes that fall into this category. Issues we commonly see with this charge are whether the previous conviction truly meets the statute’s definition.
What to Know
Just because you have been convicted of a felony in the past does not automatically make you a serious violent felon for the purposes of this charge. Another common issue is whether law enforcement lawfully seized the firearm. Indiana Code § 35-47-14 is commonly used by police when seizing firearms during a search.
It should come as no surprise that many firearms are recovered in conjunction with reported crimes. In 2023, Indiana law enforcement recovered and traced 13,170 firearms, including 1,493 firearms that were traced for possession of weapons violations.
When we’re talking about guns traced for possession of weapon offenses in 2023, we’re referring to 4,346 weapons. A large majority of firearms discovered throughout Indiana will be tied to possession of weapons and weapon offense investigations.
Serious Violent Felon in Possession of a Firearm Penalties
Possession of a firearm by a serious violent felon is usually charged as a Level 4 felony. Level 4 felonies are punishable by up to 12 years in prison and 2 years of supervised probation. While the advisory sentence is 6 years, you could face all of the following:
- Increased probation
- Community service
- More firearm restrictions
- Difficulty finding employment
- Difficulty renting an apartment
- Impact on your professional license
- Longer sentence if you have additional charges pending
These penalties can be severe. This is why it is important to hire a serious violent felon in possession of a firearm lawyer right away.
What Prosecutors Must Prove
Possessing a firearm can land you serious felony charges. The concept of possession is often challenged in these cases. If a gun was found near you but you did not know it was there, that may not be enough for constructive possession. The state must prove you had knowledge of and intended to exercise control over the firearm. Prosecutors must generally prove two elements beyond a reasonable doubt:
- You have been convicted of a crime that qualifies as a serious violent felony
- You knowingly possessed a firearm
Why Hire a Serious Violent Felon in Possession of a Firearm Lawyer
You wouldn’t hire just any doctor when you have medical problems; you would hire a specialist to take care of your specific needs. When facing legal problems, you should do the same.
When you retain a serious violent felon in possession of a firearm lawyer, you are making one of the most important decisions of your life if you have been charged with this offense. By hiring a lawyer early, your attorneys can stop mistakes before they happen. Don’t speak to the police without a lawyer present, you may say something you will regret later. Don’t consent to any searches if you don’t have to.
When you hire a Carmel serious violent felon in possession of a firearm attorney, you can have an ally. At The Criminal Defense Team, every case receives a team approach. Your case receives two lawyers and a paralegal who all take a close look at your defense. If you have been arrested for a serious crime, The Criminal Defense Team can help.
Contact The Criminal Defense Team Today
There are only six Board-Certified* Criminal Trial Specialists in Indiana, and five of them work at The Criminal Defense Team. Being charged with a serious violent felony in possession of a firearm in Carmel doesn’t mean you are automatically guilty. You should speak with an attorney who has experience with this offense immediately. Contact The Criminal Defense Team today for your consultation.
*Andrew Baldwin, Kathie Perry, Maxwell Wiley, Kelly Pyle, and Michael C. Cunningham are Board-Certified* Criminal Trial Specialists, as certified by the National Board of Trial Advocacy. Find out why having a Board-Certified* Criminal Trial Specialist as your defense lawyer is important here.