Possession of a Firearm during the Commission of a Crime O.C.G.A. 16-11-106
You can Prove Your Innocence in an Atlanta Georgia Possession of a Firearm During the Commission of a Crime
You may be familiar with crimes involving the use of a weapon such as armed robbery. Possession of a Firearm During the Commission of a Crime is a very serious felony in Georgia. This charge can land you in prison for a long time.
An individual accused of robbery takes property belonging to another with the intent to deprive the owner of their possession. In addition, the individual is accused of committing violence, threatening or intimidating the victim to obtain the property. Armed robbery involves the use of a weapon such as a firearm.
The armed robbery is considered a theft crime. You may be charged with another crime involving the use of a firearm found under the statute of 16-11-106.
It is Illegal to Possess a Firearm during the Commission of a Crime in Atlanta Georgia
Possession of a firearm during the commission of a crime is a weapons crime. According to 16-11-106, it is illegal to have a firearm within arm’s reach to either commit a crime or attempt to commit a crime such as:
- Any type of crime involving or against another individual
- The unlawful entry into a building or vehicle. One example of this crime is burglary.
- Any theft from a vehicle or building
- Crimes involving the delivery, possession, manufacture, distribution, selling or any other type of crime involving drugs
- Any crime involving trafficking illegal drugs such as marijuana or cocaine
The statute also makes it illegal to possess a knife with a blade more than three inches long during a crime.
Having a Firearm during the Commission of a Felony is an Additional Charge in Atlanta Georgia
If you are charged with possessing a firearm, it is mostly like the second criminal charge you will face. According to state law, if you are charged with this crime, you will also face the crime you allegedly committed.
For example, you are accused of committed armed robbery. Prosecutors will also charge you with the crime of having a firearm during the commission of a crime. The armed robbery charge is the underlying charge.
The Penalty for a Conviction of Possession of a Firearm During the Commission of a Crime Carries Prison Time
The penalty for the underlying charge will depend on the crime you are accused of allegedly committing. If convicted of Possession of a Firearm During the Commission of a Crime, you will face about five years in prison. The criminal sentence must be served consecutively to any other criminal punishment you receive.
Creating a Legal Strategy in Your having a Firearm in Commission of Crime Charge
A defenses strategy is a way to prove you are innocent of the crime. It is created after talking to an attorney. For instance, after you tell your version of what happened to your attorney, you two will collaborate to come up with a defense that works in court.
This strategy is based on what you tell your attorney. So you have to honest about what happened. Your attorney cannot turn you into police. Everything is kept confidential because of attorney-client privilege.
One defense to having a gun during the commission of a crime is lack of evidence. Maybe the state is claiming you had a gun when you allegedly committed a crime, but one was not found. Another defense is actual innocence. You had an alibi for the time you allegedly committed the crime. Therefore, you did not have a gun and did not commit a felony crime.
Another strategy in your crime to prove that you did not commit any other crime. You allegedly committed a crime and used a gun. You were not in the area when the crime happened, they have the wrong person or some other defense to eliminate the offense.
For example, you are accused of burglary. You have to show that you did not break into or enter into the property that you did not own. You also have to show that you did not try to or actually commit another crime. By proving you are innocent in one case, you may not have to provide a defense in this case.
You may read a lot of defenses you can use in court. Remember, they may not be based on the facts of your case.
Once the defense strategy is created, your defense will be used throughout your case. It will be presented at trial. It will be presented before your trial to get an advantage in pre-trial motions. For instance, your attorney may want to get evidence suppressed by using evidence supported by your defense strategy.
Prior to meeting with an attorney, remember to write down the fact surrounding your charge. It will help when telling your attorney everything that will create a great defense strategy.
Contact Georgia Defense Force, LLC regarding Your Atlanta Georgia Weapons Charge
You face two crimes. The first criminal charge is the crime you are accused of committing. The second charge is having the firearm during the crime. If you or your loved one was charged with a crime, do not leave your freedom and future to chance. Yes. There is a chance the prosecutor will fail in trying to prove their cases against you beyond a reasonable doubt. We will not leave it to chance.
We will plan a smart, tough defense strategy that will prove your innocence. If you want us to negotiate a favorable plea deal, we will. It is important for you to remember that you have legal options, use them. Contact us for your free case evaluation.