Indianapolis Serious Violent Felon in Possession of Firearm Attorney
Indiana takes a zero-tolerance approach to cases involving felons found in possession of firearms. Violent felons are prohibited from possessing any type of gun. Police act quickly to arrest someone suspected of breaking this law, and it can take considerable time to clear their name. If you are facing these charges, you can rely on an Indianapolis serious violent felony in possession of a firearm lawyer to seek a resolution to your case that protects your freedom.
A Collaborative Team of Attorneys and Board-Certified* Criminal Trial Specialists
As a felon, being accused of possessing a gun is a serious accusation. The Criminal Defense Team of Baldwin Perry & Wiley P.C. represents defendants facing high-stakes criminal charges, including unlawful possession of a firearm cases. Our award-winning legal team takes a collaborative approach to managing cases, meaning anyone we represent benefits from our collective legal experience of over 100 years.
What sets our law firm apart is our exceptional training and extensive experience with the local criminal courts. We have five Board-Certified* Criminal Trial Specialists on staff, who have attained the highest level of certification by the National Board of Trial Advocacy. Your case deserves the strongest chance of beating your charges. We are prepared to give you that chance when you secure representation from our firm.
How Indiana Law Defines a Serious Violent Felon
The violent crime rate in Indianapolis is 3.008 per 1,000 residents in a typical year, and many violent crimes result in a felony conviction. Under Indiana law, not every felony automatically qualifies as a “serious violent felony.” That designation applies to individuals convicted of specific offenses listed in the statute, such as:
- Murder
- Voluntary manslaughter
- Certain robbery offenses
- Aggravated battery
- Certain sex crimes
Once a person is classified as a serious violent felon, Indiana law prohibits that person from possessing a firearm. Following an arrest for this offense, the suspect may be brought to Marion County Jail, located at 40 South Missouri Street in Indianapolis.
Defense Approaches to Serious Violent Felon in Possession Allegations
Being accused of possessing a firearm after a serious felony conviction could potentially lead to confinement among the roughly 49,000 people currently behind bars in Indiana. One defense strategy could focus on challenging whether the prior conviction qualifies as a serious violent felony.
An attorney representing the defendant could argue that the suspect did not knowingly possess or control the firearm. Demonstrating shared access to the location of the firearm could weaken the state’s argument that the defendant had sole access to the gun.
Why You Should Hire a Serious Violent Felon in Possession of a Firearm Lawyer
Whether you were arrested in Broad Ripple, Fountain Square, Irvington, or elsewhere in Indianapolis, you can protect your freedom when you hire a serious violent felon in possession of a firearm lawyer. Defense attorneys bring years or decades of experience managing complex criminal cases. They understand serious violent felon in possession of a firearm penalties and how to protect clients from the consequences of a life-altering conviction.
Your Indianapolis serious violent felon in possession of a firearm attorney can begin by carefully scrutinizing the evidence before moving forward with the right strategy. Your defense attorney can find weaknesses in the state’s case that support your innocence. Strategic negotiations can also yield favorable results. When needed, lawyers can take a case to trial to seek an acquittal for their client.
FAQs
Q: What Prior Convictions Qualify Someone as a Serious Violent Felon in Indiana?
A: Under Indiana law, only specific offenses qualify as a serious violent felony. These include murder, reckless homicide, aggravated battery, kidnapping, criminal confinement, rape, and child molestation. Not all felonies are considered serious violent felonies. Anyone accused of possessing a firearm after a conviction for one of these offenses could potentially face a new felony charge.
Q: Does the State Have to Prove I Knowingly Possessed the Firearm?
A: Yes, the prosecution must prove beyond a reasonable doubt that you knowingly or intentionally possessed the firearm. This means the state must show that you were aware of the firearm’s presence and had control over it. Accidental proximity or the mere presence near a weapon is not automatically sufficient for a conviction.
Q: Can Constructive Possession Lead to a Conviction?
A: Yes, constructive possession means the firearm was not physically on the person but was located in a place where they had the ability to access the gun. Shared spaces, vehicles, or residences can create ambiguity over who had possession of the gun. A focused defense can explore whether construction possession is a viable approach for contesting unlawful possession of a firearm charges.
Q: What Are the Potential Outcomes to My Case?
A: If you are charged with possessing a firearm as a convicted felon, your case will either result in a serious conviction or a more favorable outcome. Potential positive resolutions to your case could include reduced or dropped charges. If prosecutors cannot build a strong case, they may offer a favorable plea bargain agreement that protects your freedom.
Q: What Type of Lawyer Can Provide Defense Against My Charges?
A: If you are facing felony criminal charges, you need representation from an experienced criminal defense attorney. Indiana’s criminal laws function differently from civil court laws, and the experience of your criminal defense attorney can make a significant difference in the outcome of your case. A defense lawyer understands the court process and how to prevent prosecutors from meeting their burden of proof.
Choose a Defense Team With Proven Trial Experience
Serious criminal charges demand a robust defense that casts doubt on the prosecution’s case. The moment you secure representation from The Criminal Defense Team of Baldwin Perry & Wiley P.C., you gain the support of a respected and experienced team of trial lawyers. We maintain a legal staff that includes a former prosecutor and five Board-Certified* Criminal Trial Specialists who understand the local court system and what it takes to secure reduced or dropped charges.
Our lawyers work collaboratively because collective problem-solving greatly benefits our clients. While other firms take a “churn and burn” approach to defending clients, we allocate considerable resources and time to seeing cases through. Don’t delay. Contact our office today to receive the exceptional legal support your case deserves.
*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.