Criminal Attorneys & DWI Lawyers in Covington, New Orleans, and Shreveport
Possession of Firearm by Convicted Felons in Covington, Louisiana is a very serious felony that carries a sentencing range of 5-20 years in prison, without probation or parole. The effects of being convicted for a crime is often life-lasting, from the convict to the family of the convict and other people associated with them, this is part of the reasons it is very important to handle any criminal charge with great attention, especially when you are the accused. Getting the right information that can help your case is a step in the right direction, you should try to get a comprehensive guide to the crime you are being accused of committing. We will provide you with such guide in this article, we will discuss the meaning of Possession of Firearm by Convicted Felons in Louisiana, the elements that must be proven by the prosecutor to secure a conviction, the range of penalties of this crime, possible defenses and final the right person to contact if you are charged with this crime.
Meaning of Possession of Firearm by Convicted Felons
This crime is regulated by La RS 14:95.1. Under this statute possession of Firearm by convicted Felons can be said to mean:
A person who has been convicted of certain felonies as described in the relevant sections of this statute which includes burglary, violence, illegal use of weapons, making a bomb, forced entry into a place people live in, being in possession of a dangerous substance, dangerous weapon, incendiary object or any crime that is referred to as a felony, a sexual offense. Or attempting to commit any of the crimes mentioned above, or if the person has been tried and found guilty of a felony in Louisiana or other states in the US or by any other government entity of any nation or state anywhere in the world as long as if that offense is committed in Louisiana it would be a felony as explained above and that person carries with them a firearm or a weapon they have concealed is guilty of possession of a firearm by convicted Felons.
A firearm as referred to in this part of the Revised Statutes of Louisiana means the various types of guns that are out there, assault rifles, machine guns, pistols, and the likes fall under the definition of a firearm.
What Must Be Proven by Prosecutors for Possession of Firearm by Convicted Felons
What must be proven is often referred to as the elements or ingredients of a crime, if any of these are missing in the proof of the case by the prosecutor the case would fail and you would not be convicted for the crime. The elements of possession of a firearm by convicted felons are:
You were in possession of an object that falls under the classification of a firearm.
Your possession of said object was willful and you knew of it.
You were not supposed to or lawfully permitted to possess such an object so classified as a firearm.
You had been duly tried by a competent authority anywhere in the world and duly convicted of a crime that would be considered a felony in Louisiana as provided by the extant law. Or your conviction was in Louisiana and it was for a felony.
You intended to and concealed a weapon that is considered a firearm by the law in Louisiana.
You were caught while in the possession of said firearm.
Your case does not fall under any of the exceptions provided by the law.
When these elements are present in your case then the chances of getting convicted are very high, it would do you great good to contact a defense attorney to help you.
Penalties for Possession of Firearm by Convicted Felons in St. Tammany Parish
For every wrong or crime committed there are penalties, the penalties of this crime can further complicate your life since you have already been convicted of a felony, as a felon, it would be advisable that you avoid such an occurrence that would invariably further taint your records and life. The penalties for possession of Firearm by convicted felons in St. Tammany Parish District Court are:
Imprisonment: if convicted you shall be imprisoned with hard labor; the prison term can be up to 20 years but not below 5 years.
Lack of Probation, suspension, or parole: because of the nature of this crime the law provides that if you are convicted for this you shall not enjoy the benefit of these mitigating factors we have mentioned, so you must be imprisoned for the full duration of your prison term.
Fine: the fine for this crime is not below 1000 dollars and a maximum of 5000 dollars.
If you are convicted for attempting this crime then the prison term is at least one year and a maximum of seven years six months with hard labor, the fine shall be a maximum of 2500 dollars and a minimum of 500 dollars.
Possible Defenses against this Charge
You can rely on several defenses if you are being charged with this offense, some of the defenses are:
Legal Exception: the relevant sections of the extant law provide for exceptions to this crime such as the provisions not applying to a person whose end of their last sentence was more than 10 years before being tried for possession and since the end of their sentence has not committed any felony in those 10 years.
False accusation: you can raise this defense if you are not a convicted felon as this would destroy the very basis of this charge, therefore an accusation based on this would be baseless and false.
Coercion: if you did not willfully commit this crime but was forced by threat of hurt or force you can raise this defense.
No matter the combination of defense you want to use, you need a vibrant Covington defense attorney like Barkemeyer Law Firm to assist you.
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Louisiana Criminal Lawyers
Louisiana criminal lawyers and DWI attorneys at the Barkemeyer Law Firm providing legal defense services for clients in New Orleans, Metairie, Kenner, Gretna, Hahnville, Belle Chasse, St. Bernard, Slidell, St. Tammany, St. Charles, St. John, Laplace, Mandeville, Covington, Shreveport, Bossier, and Jefferson.
DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship.