Weapons, Firearm and Gun Crimes
Are you being investigated or charged with a misdemeanor or felony crime involving a firearm or assault? Our firm has amassed victories in criminal cases involving firearms and assaults in every jurisdiction and court located in Shelby Township, Macomb Township, Utica, Sterling Heights, Clinton Township, Harrison Township, St. Clair Shores, New Baltimore, Warren, Chesterfield Township and Romeo. Contact ABDO LAW to discuss your options and a strategy to get your case under control the way we have done for our clients since 1980. Toll Free: 844-Got Abdo, Metro Detroit: 586-412-5555.Michigan Firearm and Weapon Crimes
There are numerous laws on the books in Michigan that cover possession, ownership and criminal activity with respect to guns and weapons. In addition, the element of a weapon or firearm used or produced in connection with an altercation may also give rise to a misdemeanor or felony charge of assault or domestic violence. Assault crimes are always high on the list of the most prevalent misdemeanors and felonies in Michigan.
The following is a partial list of Michigan crimes pertaining firearms and assaults:
|Offense and Link||Maximum Jail Penalty|
|Armed robbery||Up to life|
|Possess or transport stolen firearm||10 years|
|Felon in possession of a firearm||5 years|
|Carrying a concealed weapon||5 years|
|Assault with a dangerous weapon||4 years|
|Assault with intent to do great bodily harm||10 years|
|Possessing firearm during commission of a felony||2 years|
|Intentionally discharging a firearm aimed without malice||1 year|
|Brandishing a firearm in public||90 days|
|Possessing a firearm on prohibited premises||90 days|
|Reckless discharge of a firearm||90 days|
|Intentionally aiming a firearm without malice||93 days|
|Possessing a firearm while under the influence||93 days|
All crimes that are punishable by more than 1 year in prison are considered felonies.Assault Crimes, Road Rage with Weapons or Firearms
Approximately 7% of the population in Michigan has a Concealed Pistol License (CPL). Each year there are over 100,000 CPL applications received by the Michigan State Police according to the Michigan State Police CPL Annual Report. Making a decision to use a firearm in a given situation can have devastating consequences.
An assault can occur by putting another person in fear of being physically attacked. The criminal charge of assault can occur with or without a weapon in the possession of the aggressor. If a weapon or firearm is involved during an assault or confrontation, the offender may be charged with an elevated assault crime that is classified as a felony such as:
- Assault with a Deadly Weapon
- Assault with Intent to do Great Bodily Harm
- Assault with Intent to Murder
Any of the above felony assault crimes can be pursued even if there was no physical contact with the alleged victim. The use of a weapon or firearm to accomplish an assault is often sufficient to put another in fear of great bodily harm or death. The crime of assault with a dangerous weapon is accomplished when an object, that is not otherwise considered a weapon but has the potential to be deadly (motor vehicle, shovel), is used as a means to place someone in fear of an assault.
The use of a firearm while operating a motor vehicle raises various legal questions and can lead to criminal charges such as brandishing a firearm or assault with a deadly weapon. When a weapon is produced (brandished), or pointed at someone, in a vehicular scenario, more than likely it will be reported as road rage. Because a motor vehicle can be used as a means to escape or retreat, a person that uses a firearm while on public road in a vehicular situation is not given the same protection that is afforded to the use of firearm within one’s dwelling. When a firearm is used in connection with a motor vehicle, a number of variables will be carefully analyzed by law enforcement officers such as:
- Whether there was means to escape to avoid an altercation,
- Whether there was an opportunity to call 911 for backup,
- Whether there was a safe place to retreat or take cover and,
- Whether the use of force (a firearm) was necessary under the circumstances.
There are always two sides to the story. Law enforcement officers do not always do their job in conducting an investigation. And don’t expect the prosecutor to help you defend your case against false allegations, or if you acted in self-defense, or without an intent to commit any crime.Possession of a Firearm During the Commission of a Felony
In Michigan, it is a separate felony known as “felony firearm” for a person to carry or possess a firearm during the commission of a crime that constitutes a felony. The penalty for felony firearm requires the judge to impose a mandatory 2 years in prison without parole. The prison term upon conviction for felony firearm must be served prior, or consecutively, to any sentence for other crimes arising out the same incident.
Possessing a firearm during the commission of any felony drug or larceny crime will constitute felony firearm even if the firearm is not in the actual possession of the perpetrator but is in the person’s potential or constructive possession.A Felony Conviction Precludes Possession or Ownership of Firearms
The ABDO LAW FIRM is a strong advocate of gun rights in United States. For the most part, those that own or possess firearms are responsible citizens that cherish their Second Amendment rights. Nonetheless, gun rights are fragile and can be lost completely or temporarily upon being convicted of a crime. A person convicted of any felony will lose all rights to own or possess a firearm pursuant to Federal and State of Michigan laws. A misdemeanor such as domestic violence or assault will also have an impact on the right to own or possess a firearm.
In Michigan, a person may obtain a Concealed Pistol License (CPL) upon meeting the legal requirements. However, a CPL may be taken away or denied upon being convicted of a misdemeanor for a period of 3 years or 8 years depending upon the offense:
|Misdemeanor Conviction||Years of CPL Denial|
|OWI 2nd or DWLS 2nd||8 years|
|Brandishing a firearm||8 years|
|Intentionally aiming/discharge firearm||8 years|
|Assault or domestic violence||8 years|
|OWI 1st||3 years|
|Disorderly conduct||3 years|
|Ignition interlock violation||3 years|
Weapon in Possession at Metro Airport Checkpoints
The Transportation Security Administration (TSA) lists various items that ae prohibited from being in your possession at security checkpoints at every airport in the United States. Knives and firearms are just a few of the items that are strictly prohibited.
Those that forget to remove prohibited items, such as a pocket knife or firearm, from their pockets or carry-on luggage face serious criminal charges. Once an item is found by airport authorities, the party will be investigated to determine if the situation was inadvertent or posed any potential threat or danger. This is the protocol when someone apprehended at the Detroit Metro Airport in Romulus, Michigan. Unfortunately, even individuals that are not considered a risk, will be charged with a criminal misdemeanor TSA checkpoint violation. Any weapon will be seized and the person will be instructed to contact the 34th District Court in Romulus, Michigan.
Contact ABDO LAW if you have been charged with a checkpoint violation involving possession of a weapon or any other prohibited item at Metro Airport in Romulus, Michigan. If you live out of state, the court has allowed us to handle these matters without your appearance. Furthermore, our law firm has a 100% proven track record of getting airport checkpoint violation cases dismissed.We Fight for Your Rights to Avoid a Conviction and Jail!
The Macomb County criminal defense lawyers at the ABDO LAW have attained the highest national ratings, including the coveted Martindale Hubbell “preeminent” rating, and we will you provide you with complete legal services if you are charged with any felony or misdemeanor.
We approach every case by getting all the pertinent facts and the complete background of the case. If the firearm or a weapon was used in connection with an alleged assault, there may be an issue of self-defense. The right to act in self-defense when faced with danger against another is recognized in Michigan and most other jurisdictions. Other legal strategies may include avoidance of a felony conviction or obtaining a disposition to get a dismissal pursuant to a first offense program or HYTA for youthful offenders.Blog Links
- Must read if you have a CPL in Michigan
- Meeting the eligibility for a CPL, brandishing a firearm
- CCW and important CPL topics
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