No matter which side of America’s gun rights debate you’re on, the cold hard truth is that in Michigan your right to keep and bear arms is not absolute. Criminal laws prohibit discharge of firearms in particular locations and at certain targets. They also criminalize some types of possession, for example, a felon in possession of a firearm. Even the constructive possession of firearms during the commission of other crimes is punished severely.
Firearms and weapon offenses in places like Traverse City, Suttons Bay and other Northern Michigan towns are taken very seriously by prosecuting attorneys and law enforcement alike. A large portion of the gun felonies and weapons misdemeanors fall into the violent crime category. These include discharge of a firearm at an occupied dwelling, felonious assault1 (also known as assault with a deadly weapon), and armed robbery, to mention a few. If you are charged with any of these offenses, you are likely also facing felony charges. You will want to test the Government’s evidence and their theory of the case to determine where things don’t match up. Theses gaps can be illuminating. You may find that the eyewitness testified they heard three shots, but only one shell casing was recovered. You may have been seen in the driver’s seat, and yet the crime scene reconstruction and ballistic evidence clearly demonstrates that the shooter had to be sitting in the passenger or rear seat of the vehicle. Maybe the trove of ammunition seized from your residence fails to match the evidence found at the scene, though someone claims to have seen you in the area at the time of the shooting. You will only discover this critical evidence if your attorney is completely thorough in your defense.
There is another category of gun and weapon crimes in Michigan that are less nefarious, but in many instances equally as serious. These types of crimes are typically the result of mistake and bad judgment, such as carrying a concealed weapon while intoxicated, possession of an unregistered handgun, carrying a concealed weapon without a license, and the careless, reckless or negligent use of firearms, to name a few. These crimes often impact otherwise law-abiding people and can be extremely disruptive to a person’s life.
Our attorneys have defended numerous individuals charged with various Michigan gun crimes. Whether you’re a felon charged with possessing a firearm, have let your concealed permit lapse and continued to carry your loaded pistol, or are accused of being involved in something far more serious, we have the skills and strategy to aid your defense. As part of our efforts to secure favorable outcomes for our clients we have inspected seized firearms and ammunition and used real-life ballistics experimentation to determine shell casing travel and angle of discharge. Using our in-depth investigatory tools, our primed research and legal writing skills, and creative trial tactics we have kept many clients out of jail, prison, and in some cases, conviction free.
1 MCL 750.82.