Avoid Jail for Carrying Concealed Weapon Charge

Avoiding jail for carrying concealed weapon charge (CCW) is critical.

A serious felony, it’s punishable by up to 5 years in prison and a $2,500 fine.

If you don’t have a valid concealed carry permit, carrying a weapon concealed in your car (or concealed on your person) is illegal.

Below, we outline how Michigan defines these charges, the consequences, and how you can fight these charges with the right lawyer by your side.

Charged with CCW? Unhappy with your current attorney? Request a free consultation now.

How Does Michigan Define Carrying a Concealed Weapon Charge?

A carrying a concealed weapon charge doesn’t only apply to guns; it also applies to daggers, double edged knives of any length, or any other fatal weapon. This law doesn’t extend to hunting knives, or your home, land, or place of business.

There are other gun charges that a prosecutor can charge you with in addition to CCW. If alcohol was involved in your arrest, the consequences steepen.

Also, a felony firearm offense is when you carry a weapon while committing another felony. This punishment is much more serious than a CCW charge.

A first conviction carries a mandatory sentence of two (2) years in prison, whereas a second conviction carries a mandatory sentence of five (5) years in prison. Any subsequent conviction carries a mandatory ten (10) year sentence.

See also  Felon In Possession Of A Firearm vs. Felony Firearm

This punishment is in addition to any sentence of the offense. Since CCW is a felony, it’s possible for the prosecutor to charge you with CCW and Felony Firearm at the same time.

If you were already convicted of a felony (i.e. Felon in Possession of a Firearm), you can be sentenced up to five (5) years in prison and a $5,000 fine.

Additionally, a CCW conviction will result in the forfeiture of the weapon.

You’ll lose your gun rights for at least three to five years.

You’ll also be ineligible to obtain a concealed pistol license (CPL) for at least eight (8) years.

Charged with CCW? Unhappy with your current attorney? Request a free consultation now.

Defenses for Carrying a Concealed Weapon

If you’re facing CCW or felony firearm charges, you need an attorney knowledgeable about your rights and defenses.

A solid firearms attorney will review the facts of your case to help you get the best outcome for you to avoid jail time.

Subsequently, your attorney should fight for your rights to own a firearm and get a CPL.

Was there probable cause for police to believe you had a weapon? An attorney will review your case to determine if there was any “probable cause” for the police to arrest you.

Did you openly carry the weapon? One defense to CCW is that you were openly carrying the weapon. Additionally, carrying on your own property is another possible defense.

Did you know that the weapon was present? Sometimes, a weapon is in a vehicle without your knowledge.

One defense for felony firearm is if there was no underlying felony when charged. For felon in possession cases, we can raise the defense that your firearm rights were or that the felony was expunged prior to your arrest.

Regardless, each case is fact specific. A good attorney will raise any possible defenses for your charge.

Charged with CCW? Unhappy with your current attorney? Request a free consultation now.

The Best Outcomes for a CCW Charge

If it’s in your best interest to negotiate a resolution, there are options.

  • The Holmes Youthful Trainee Act (HYTA) is a program available to anyone under 26 years old. Under HYTA, charges are dismissed when you complete your sentence.
  • Diversion allows you to enter an agreement to complete certain conditions.upon successful completion of the conditions your charges can be dismissed.
  • Deferred sentence is when the court agrees to sentence you after a period of time and completion of conditions to a reduced charge or lesser sentence. Along with other options, an attorney will advise you of what’s in your best interest.

Avoid Jail for Carrying Concealed Weapon With the Right Attorney

If you’re facing CCW or Felony Firearm Charges (or both), you’re dealing with charges with extremely serious consequences. This is why you need an attorney to fight for your freedom and your second amendment rights

Our team of criminal defense attorneys will immediately and thoroughly evaluate your case. Then, we’ll develop a strategy to get the best outcome possible.

Charged with CCW? Unhappy with your current attorney? Request a free consultation now.

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