It is Time to Fight Your Possession of A Firearm by A Convicted Felon Charge in Atlanta Georgia
Georgia gun laws restrict who can carry or possess in the state. For example, a person does not need a permit to buy a gun. However, they do need a permit to carry a gun around Atlanta Georgia. According to Georgia 16-11-131 statute, the state restricts people who have a felony on their record from owning and possessing a firearm. If a convicted felon has a firearm he will be arrested and charged with Possession of a Firearm by a Convicted Felon. This is a very serious charge in the State of Georgia.
Do not get caught up in questioning why you were accused of committing this crime. A lot of people who are not convicted felons are accused, arrested and convicted of carrying a gun. For example, they are accused of carrying a concealed weapon.
No one is allowed to have a long gun, handgun or weapon on their property, inside their home, motor vehicle or business without a valid weapons carry license. This is according to Georgia’s statute. However, in other areas, a person must have a valid license to carry a concealed license.
In Atlanta Georgia, there are certain places you cannot carry a concealed weapon in Atlanta Georgia. These places are a:
- Mental facility
- Nuclear power plant
- Certain government building
- Within 150 feet of a polling place
In 2014, Georgia changed the law permitting people to carry a handgun into a place of worship, bar and non-secured areas of airports.
Carrying a concealed weapon illegal is a misdemeanor conviction. According to misdemeanor punishment, you face 12 months in county jail. You may also have to pay a fine ranging from $500 to $1,000.
It is Illegal in Atlanta Georgia for Someone Convicted of a Felony to Have a Firearm
If you are on probation for a felony or you have been convicted of a felony, you are not allowed to have a firearm. This is according to Georgia law. The felony can be a state felony or a federal felony. You are considered a felon when you are convicted of a crime with a criminal punishment of more than one year in prison.
If you are allegedly caught with a firearm, you can be charged with another felony.
Possession of A Firearm By A Convicted Felon is not the same as Carrying a Pistol without a License in Atlanta Georgia
Sometimes people may think that carrying a pistol without a license and possession of a firearm is the same charge. It is not. Carrying a pistol without a license is a misdemeanor offense for someone who does not have a felony on their criminal record. They have a pistol in their possession without having a valid permit to have one.
Possession of a firearm by a felon is the criminal act of having a firearm with or without having a valid permit.
What is considered a Firearm in Atlanta Georgia?
Not all weapons are considered a firearm in the state. For the purpose of this criminal charge, a firearm is considered a:
- Weapon that can be converted into a gun-like device to expel a projectile via an electrical charge or explosive
The Penalty of Possession of A Firearm By A Convicted Felon in Atlanta Georgia From Yeargan & Kert, LLC
As mentioned, the penalty for having a firearm in Atlanta Georgia if you are a felon in a felony. You could be sentenced to five years in prison.
You do have a Defense to Having a Firearm being a Felon
You may know some information about creating a tough defense strategy. Sometimes the defense strategy works and sometimes a person is convicted. The most important part of picking a good defense strategy is using the facts of your case to make your defense even stronger.
You have the right to a defense in this type of charge. Although the state may want you to automatically plead guilty, you do not have to do so. Some common defenses to prove you are not guilty of having a firearm includes:
Lack of evidence. You may be arrested for the charge, but that does not mean the state has strong evidence against you. By presenting this defense, even prior to trial, you can get the case dropped against you.
You did not have a weapon. This is traditionally called the actual innocence defense. You are completely innocent and did not have a weapon. You often present evidence such as witness testimony at trial.
You had the weapon as self-defense. This is a tricky defense because you are admitting that you have the weapon. However, you have to prove your life was in danger at the time you had the gun.
You had the weapon because you were defending others. Again, this is a tricky defense because you admit you had a weapon. You contend that you only had the gun because someone was actually in danger. You had to protect them.
In in the latter defenses, you are responsible for proving that you and/or another person was in immediate damage. This means someone was trying to harm you immediately, not sometime in the future. You were only protecting yourself from actual harm.
Your Yeargan & Kert, LLC is Your Legal Team Devoted to Representing You in Your Atlanta Georgia Possession of Firearm By A Convicted Felon Charge
You do not need us to tell you that possession of a firearm by a convicted felon is a serious criminal charge in Atlanta Georgia. If you have been arrested for this crime, you are at risk for enduring tough penalties.
During our free case evaluation, we will discuss the facts of your case and possible defenses. Immediately after our case evaluation, we investigate your circumstances and use the state’s evidence to help create the best defense option for you.
The goa of Yeargan & Kert, LLCl is to provide you with the tough defense and get the charge dropped or reduced. You do not need to go back to prison. Let’s get started working on your possession of firearm charge immediately. Contact Yeargan & Kert, LLC immediately.