Zionsville Serious Violent Felon in Possession of Firearm Attorney
Indiana has strict laws prohibiting serious violent felons from possessing firearms, and one accusation of possession can lead to felony charges. Boone County aggressively pursues these cases, and they can move quickly through the system. It is important to have a Zionsville serious violent felon in possession of a firearm lawyer on your side as soon as possible.
These charges are unique because they are status offenses, as opposed to other firearms crimes that depend on what someone did with a weapon. If the state can show you meet the definition of a serious violent felon in possession of a firearm, that may be enough to get you charged. Although these cases are, by statute, relatively straightforward, many legal and factual issues can arise.
About The Criminal Defense Team of Baldwin Perry & Wiley P.C.
The Criminal Defense Team of Baldwin Perry & Wiley P.C. is an Indiana-based criminal defense law firm. We’ve represented clients across Boone, Hamilton, Hendricks, Marion, and Johnson Counties. We’ve built strong defense cases for clients who appear before judges at the Boone County Courthouse, located at 100 N. Main Street, Lebanon, IN 46052.
At The Criminal Defense Team, we operate differently from most criminal law practices. Our entire firm focuses on major felony defense. Every serious case receives our team approach with at least 2 attorneys and a paralegal reviewing all evidence, identifying issues, and helping craft a strategy.
Our Legal Team
Our team includes a former prosecutor with experience in serious felony prosecutions and in homicide cases. Understanding not only how police develop their version of events, but also how prosecutors prepare their witnesses and evidence for trial can benefit any defense case.
There are only six Board-Certified* Criminal Trial Specialists in Indiana, and all five work at The Criminal Defense Team. To clarify, our entire firm does not consist of Board-Certified* attorneys. Only five of us are. Our team approach, combined with over 100 years of legal experience between us, allows us to focus on serious felony defense and take a methodical approach to every case.
Serious Violent Felon in Possession of a Firearm Laws in Zionsville, Indiana
Indiana Code § 35-47-4-5 is the statute you will likely be charged with violating if you are accused of being a felon in possession of a firearm. This statute makes it illegal for a “serious violent felon” to knowingly or intentionally possess a firearm. The statute goes on to identify specific crimes that qualify as a predicate offense.
Some of these crimes include murder, voluntary manslaughter, certain robbery convictions, aggravated battery, and certain sex crimes. One common issue we see is whether the prior conviction actually meets the definition outlined in the statute. Not every prior felony conviction automatically triggers this charge. Another issue involves the lawful seizure of firearms by law enforcement.
Indiana Code § 35-47-14 is frequently cited by law enforcement to justify the seizure of firearms found during searches.
Gun Statistics
Guns are frequently found in connection with reported crimes, as seen by the 13,170 firearms that Indiana law enforcement recovered and traced in 2023, including 1,493 that were traced for possession of weapon charges. In 2023, 4,346 weapons were linked to weapon offense categories, and a significant percentage of all firearms found in Indiana were linked to possession and weapon offense investigations.
What Must Be Proven
Simple possession of a firearm can lead to serious felony charges. However, possession is often argued in these cases. Simply being near a firearm is not enough for constructive possession. Courts have held that the state must prove you had knowledge of and intended to control the firearm. To convict you of this offense, prosecutors must generally prove two elements:
- You have a prior conviction that qualifies as a serious violent felony.
- You knowingly or intentionally possessed a firearm.
The law recognizes two forms of possession: actual and constructive. Actual possession means the weapon was found on your person. Constructive possession is subjective and may involve a firearm allegedly found in an area you could access or had control over.
How These Charges Typically Occur
Boone County law enforcement typically makes arrests in these cases following traffic stops or domestic disputes. Some situations where these charges may arise include:
- Police stop a vehicle and find a firearm during a subsequent search.
- Police respond to a house for a domestic disturbance and find a firearm inside.
- Police execute a search warrant for drugs and find a gun in a closet.
Serious Violent Felon in Possession of a Firearm Penalties
A serious violent felon in possession of a firearm is generally charged as a Level 4 felony. Level 4 felonies are punishable by up to 12 years in prison and 2 years supervised probation. The advisory sentence is 6 years. However, a convicted person may face additional penalties, including:
- Longer probation
- Community service
- More firearm restrictions
- Challenges in employment
- Trouble securing housing
- Impact on professional licensing
- Increased sentence, especially if you have other pending charges
Hire a Serious Violent Felon in Possession of a Firearm Lawyer
Just as you wouldn’t hire any doctor for your medical issues, you wouldn’t hire any lawyer for your legal issues; you would hire a specialist.
When you hire a serious violent felon in possession of a firearm lawyer, it is one of the most important decisions you will make if you have been charged with this offense. By retaining legal counsel early, your attorneys can help prevent mistakes. Avoid saying things to the police that you might regret later, and don’t agree to any searches you’re not legally required to permit.
When you hire a Zionsville serious violent felon in possession of a firearm attorney who focuses on serious felonies, you benefit from knowing that every major case receives our team approach, with multiple attorneys and a paralegal reviewing every detail. The Criminal Defense Team only accepts serious felony cases. If you have been charged with a Level 4 or higher felony, you need to speak with a lawyer who focuses on felony defense.
Contact The Criminal Defense Team Today
There are only six Board-Certified* Criminal Trial Specialists in Indiana, and five are with The Criminal Defense Team. Being charged with a serious violent felony in possession of a firearm in Zionsville or any part of Boone County can be a scary experience. You should seek knowledgeable legal counsel immediately. Contact The Criminal Defense Team today for a 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.