Fishers Serious Violent Felon in Possession of Firearm Attorney
Serious violent offenders who are found in possession of firearms face harsh penalties under Indiana law. Even if there is only one alleged possession, a person may still face felony charges. The court takes a highly strong approach when charging dangerous, serious felons with firearms, and these cases can go extremely swiftly. Get in touch with a Fishers serious violent felon in possession of a firearm lawyer as soon as possible to protect your rights.
Because possession accusations are regarded as status offenses, they are distinct. This implies that the state just needs to demonstrate that you were in possession of a firearm and that you fit the criteria for a major violent felony, rather than demanding specific behaviors like other firearm offenses. Despite the law’s apparent simplicity, these instances can entail intricate factual and legal challenges.
About Us
The Criminal Defense Team of Baldwin Perry & Wiley P.C. is an Indiana law firm providing legal services to people throughout Fishers, Indiana, and Hamilton County for their criminal defense needs. Trying thousands of felony cases each year, the Hamilton County Courts are located at 1 Hamilton County Square, Noblesville, IN 46060.
Unlike most criminal defense lawyers, we at The Criminal Defense Team operate differently. First off, our entire business focuses on significant felony defense. Every significant case is handled using our team approach, which involves at least two lawyers and a paralegal examining all available information, determining the issues, and formulating a plan of action.
There is a former prosecutor on The Criminal Defense Team. Any defense case can benefit from a lawyer who is aware of how prosecutors use their witnesses and evidence at trial, as well as how police typically fabricate their version of events.
Our Approach
In Indiana, there are just six criminal trial attorneys who are Board-Certified.* The fact that five of them are employed by The Criminal Defense Team just serves to highlight how incredible this figure is. For the record, the entire firm is not Board-Certified;* only five of our attorneys are.
With more than 100 years of combined legal experience, The Criminal Defense Team’s collaborative approach enables us to manage every case precisely and focus primarily on serious felony defense.
Serious Violent Felon in Possession of a Firearm Laws
The law frequently referenced in firearm possession cases involving convicted felons is Indiana Code Section 35-47-4-5. The legislation forbids anyone classified as a serious violent offender from knowing or intending to possess a handgun. The statute specifically enumerates the relevant offenses.
This category includes convictions for specific robberies, serious battery, voluntary manslaughter, murder, and some sex offenses. One of the most frequent problems with this charge is whether the prior conviction actually meets the statute’s definition.
Indiana Law
For the purposes of this allegation, you are not necessarily a dangerous, violent felon just because you have previously been convicted of a felony. Whether the firearm was legitimately confiscated by law enforcement is another frequent question. Police frequently use Indiana Code Section 35-47-14 to seize weapons during a search.
A large number of firearms are found in connection with reported crimes. Law enforcement in Indiana found and seized 13,170 weapons in 2023, 1,493 of which were traced to infractions related to weapon possession. In 2023, there were 4,346 firearms found in connection with possession-of-a-weapon charges. Many firearms found in Indiana will be connected to investigations into weapon offenses and possession.
Serious Violent Felon in Possession of a Firearm Penalties
A Level 4 felony is typically charged when a serious violent criminal possesses a handgun. Level 4 offenses carry a maximum sentence of 12 years in prison and a two-year supervised probationary period. You could be subject to all of the following, even though the advisory punishment is six years:
- Probation increased
- Volunteering in the community
- More limitations on firearms
- Having trouble finding a job
- Difficulty renting an apartment
- Effect on your professional certification
- Longer term, if there are other charges against you
These sanctions may be harsh. For this reason, you should immediately seek a Fishers serious violent felon in possession of a firearm attorney.
What the Prosecutors Need to Show
You could face hefty felony charges if you own a handgun. In these situations, the idea of possession is frequently contested. It might not be sufficient for constructive possession if a gun was discovered close to you, but you were unaware of its presence. The state must demonstrate that you were aware of the firearm and intended to use it.
Generally, prosecutors must establish two things beyond a reasonable doubt: You were found guilty of a significant violent crime, and you knew you were in possession of a firearm.
Why Hire a Serious Violent Felon in Possession of a Firearm Lawyer
To address your unique medical needs, you would seek the services of a specialist rather than just any doctor. You should follow suit when dealing with legal issues.
If you have been charged, you should hire a serious violent felon in possession of a firearm lawyer. If you hire your attorneys early, they can prevent errors before they occur. You might say something you’ll later regret if you talk to the police without a lawyer present. If you are not required to, do not consent to any searches.
You know that every significant case is handled by our team when you work with us. A full team is working on your case, including two attorneys and a paralegal, closely examining every aspect. The Criminal Defense Team can assist you if you have been arrested for a serious offense.
Contact The Criminal Defense Team Today
The Criminal Defense Team employs five of the six Board-Certified* Criminal Trial Specialists in Indiana. You are not necessarily guilty if you are charged with a significant violent felony in Fishers and you are in possession of a firearm. You should consult with a lawyer who has dealt with this offense before you do anything else. For your consultation, contact The Criminal Defense Team today. Our team is ready to help.
*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.