Protecting Your Freedom.
In Michigan, most people have the right to carry firearms. Some individuals who have been convicted of crimes, though, cannot legally own or possess a gun, and if they are caught with a weapon in their possession, they may be charged with a crime. Additionally, even people without criminal pasts can be charged with weapons-related offenses in certain circumstances. A conviction for a gun crime can greatly affect a person’s rights and reputation, and it is wise for anyone charged with a weapons offense to speak to a Detroit gun crime lawyer as soon as possible. Ellen K. Michaels is a dedicated criminal defense lawyer, and if you are charged with a gun crime, she can assess the circumstances surrounding your arrest and craft effective defenses to provide you with a strong chance of a favorable outcome. She represents people in Macomb, Wayne, Oakland, and Monroe Counties, and throughout the Detroit metro area.Michigan Gun Crime Laws
Michigan has numerous laws regulating the ownership and use of firearms. For example, many people convicted of felonies are prohibited from possessing, transporting, selling, using, or receiving firearms. Thus, if the police find firearms in their possession, they can be charged with being a person convicted of a felony in possession of a firearm, which can result in imprisonment for up to five years and a fine of up to $5,000.
There are also several statutes that bar certain behaviors in gun owners who have not been convicted of felonies. For example, it is illegal for a person to use, carry, possess, or discharge a gun while under the influence of alcohol, a controlled substance, or a combination of both. A gun crime attorney in the Detroit area can handle these charges on your behalf. Using or possessing a firearm while under the influence of drugs or alcohol is usually charged as a misdemeanor punishable by up to 93 days in prison and a fine of $500, but in some circumstances, it is charged as a felony punishable by up to five years in prison and a fine of up to $5,000. It is also unlawful for people to carry concealed firearms without a license or to possess them on the premises of a bank, church, court, hospital, sports arena, or daycare center. People may also be charged with various crimes for aiming guns at other people, carrying weapons with the intent to use them unlawfully, and brandishing or discharging firearms in public.Defending Against Gun Crime Charges
Generally, gun charges arise out of a police investigation, either for criminal activity unrelated to the use of a firearm or due to a suspicion that the defendant unlawfully possessed or owned a weapon. Regardless of the circumstances that led to the charges, the State must prove each element of the charged offense to obtain a conviction. A Detroit gun crime attorney can attack any weaknesses in the prosecution’s case. For example, if a person is charged with unlawfully possessing a firearm or possessing an illegal firearm, the prosecution must establish beyond a reasonable doubt that the gun was under the person’s control. If the prosecution cannot meet this burden, the defendant should be found not guilty. Additionally, some crimes require proof of criminal intent. If the prosecution cannot show, therefore, that the person possessed an unlawful motive, the person should not be convicted. There may be other defenses that a person charged with a gun crime can assert as well, and the exact defenses available will differ depending on the facts of the case.Meet With a Capable Criminal Defense Lawyer
A criminal conviction can result in imprisonment and fines and may affect many aspects of a person’s life. If you are faced with weapons charges, it is in your best interest to speak to an attorney as soon as possible. Ellen K. Michaels is well-versed in what it takes to obtain a successful result, and if you hire her, she will diligently pursue the best outcome possible under the facts of your case. Attorney Michaels has offices in Detroit, Ann Arbor, Bloomfield Hills, and West Bloomfield, and she often defends people in gun crime cases in Macomb, Wayne, Oakland, and Monroe Counties, and throughout Southeast Michigan. You can reach Attorney Michaels via the form online or at (248) 202-3345 to set up a confidential meeting with a gun crime lawyer in the Detroit area.