What is Felony Firearm?

Felony firearm is carrying a gun while committing a felony, even if the gun is not used in the felony.

Examples:

• Robbing someone with a gun in your waistband, even if it is not used to commit the robbery or known about by the victim.

Penalties:

• For a first conviction, up to 2 years in prison

• For a second conviction, up to 5 years in prison

• For a third conviction, up to 10 years in prison

What Defenses Are There?

Jury Instruction:

1. The defendant is also charged with the separate crime of possessing a firearm at the time he committed or attempted to commit the crime of __________.

2. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

3. First, that the defendant committed or attempted to commit the crime of __________, which has been defined for you. It is not necessary, however, that the defendant be convicted of that crime.

4. Second, that at the time the defendant committed or attempted to commit that crime he knowingly carried or possessed a firearm.

5. This charge includes possession of a firearm during either a completed crime or an attempted crime. An attempt has two elements. First, the defendant must have intended to commit the crime of __________. Second, the defendant must have taken some action toward committing the alleged crime, but failed to complete the crime. It is not enough to prove that the defendant made preparations for committing the crime. Things like planning the crime or arranging how it will be committed are just preparations; they do not qualify as an attempt. In order to qualify as an attempt, the action must go beyond mere preparation, to the point where the crime would have been completed if it had not been interrupted by outside circumstances. To qualify as an attempt, the act must clearly and directly be related to the crime the defendant is charged with attempting and not some other objective.

6. It does not matter whether or not the gun was loaded.

7. A firearm includes any weapon from which a dangerous object can be shot or propelled by the use of explosives, gas, or air

Why Hire the Ambrose Law Group for your Weapons Case?

We are Michigan Criminal Defense lawyers located in Walled Lake, Troy, Berkley, Roseville, and Oxford. We offer FREE case evaluations, and will give you personalized advice and information so that you know what you are up against and understand what defenses you have. We have the experience, the knowledge, and the resources to protect you.

Not all law firms are the same! Where most Criminal Defense Attorneys work alone, the Ambrose Law Group has a staff of trial lawyers to investigate, prepare, and defend you at trial! The lawyers of the Ambrose Law Group are graduates of the National Criminal Defense College, The Western Trial Advocacy Institute, and Gerry Spence's Trial Lawyer's College.

We engage in full discovery in every case. We can’t advise you on the best course of action in your case until we know everything about it. When we are hired, we immediately demand the police reports, all video and audio recordings, and booking videos before the police have an opportunity to destroy them. Only after having reviewed the police reports and videos can we advise you on how to best resolve your case.

You may have defenses that other lawyers will not find for you. You should not simply walk into court and plead guilty without first having your case evaluated by a skilled, knowledgeable and trial-tested lawyer. Not all cases are defendable, but all situations are explainable. It only makes sense to know all of your options before making a decision that will affect the rest of your life.

Related Topics

• Carrying a Concealed Weapon

• Felony Firearm

• Felon in possession of a firearm

• Firearm Discharged at Dwelling

• Unlawful Sale of a Firearm

• Weapons in a Motor Vehicle