As in all criminal cases, in order to be convicted of Carrying a Concealed Weapon, the prosecutor must prove your guilt beyond a reasonable doubt.
More often referred to as CCW, Carrying a Concealed Weapon is a very common charge brought in the State of Michigan. The maximum penalty for a CCW conviction is up to 5 years in prison and a $2,500.00 fine. A CCW conviction can prevent you from getting you Concealed Pistol License, have employment consequences, and even have an effect on your driver’s license.
To be convicted of CCW, the prosecutor must prove that: 1) that you were carrying a gun or dangerous weapon; 2) that the gun/dangerous weapon was concealed or partially concealed while you were carrying it.
A dangerous weapon can be any number of things. Case law in Michigan has shown that a dangerous weapon can include a knife, sword, brass-knuckles, switchblade…etc. If you get stopped by the police and are found to be carrying this type of item, you could be charged with a felony.
4th Amendment Rights
More often than not, weapons charges will involve complex 4th Amendment issues. These cases usually stem from a “stop and frisk” or the execution of a warrant…or lack of warrant in some cases. These issues not only require a criminal defense attorney who knows the law, but also one who can paint officers into a corner where they have to admit that they violated your rights. While the average attorney may be able to tell you that the 4th Amendment protects you against unreasonable searches and seizures, it takes a expert defense lawyer to know all of the facets of 4th Amendment law and how to use the law to your advantage.
As previously stated, many CCW cases will turn on whether or not there were any violations of you 4th Amendment rights. However, even if a judge determines that your rights were not violated all hope is not lost. A prosecutor must prove that you knew the weapon was in your possession and that the firearm was actually operable. These are almost always points of contention which can be used to your advantage, particularly when the weapon was found in a vehicle.
The Nessel and Kessel Approach
When a client retains Nessel and Kessel Law we immediately begin to develop a comprehensive strategy for success. Sometimes success means convincing the prosecutor to dismiss the charges completely, or have them greatly reduced. Other times it means a motion to suppress evidence to have the case dismissed by a judge, or fully preparing for trial and securing a not guilty verdict. Each case and set of facts are different. Contact Nessel and Kessel Law today and see what success can mean for you.