As in all criminal cases, in order to be convicted of Felony Firearm, the prosecutor must prove all of the elements of the crime beyond a reasonable doubt.
The Felony Firearm statute, technically called “possessing a firearm during the commission of a felony” was created by the Michigan Legislature in the 1970’s. In essence, the law says that if you are in possession of a firearm during the commission of one of a certain list of felonies, then you are guilty of Felony Firearm. Upon your first conviction of FF, you will face a MANDATORY 2 years in prison. This sentence is to be served consecutive to any other convictions stemming from your case. A second FF conviction will result in a 5 year prison sentence, and a third conviction will result in a 10 year prison sentence, both to be served consecutively.
The Felony Firearm law can be applied in a very vague manner, making it very frustrating for defendants and their attorneys. If you are charged with possession with intent to deliver marijuana and there happened to be a gun in your trunk when you were stopped by the police, you will be charged with Felony Firearm. If you are charged with UNarmed robbery and you are alleged to have had a gun on your person, but NEVER used it during the alleged robbery, you will be charged with Felony Firearm. If you’ve been convicted of a felony and are simply in possession of a firearm, you will be charged with Felon In Possession AND Felony Firearm (and likely Carrying a Concealed Weapon too!).
Technically speaking, there must be a “nexus” (connection) between the gun and the underlying felony. This technicality is where the skill and experience of Nessel and Kessel Law will go to work for you. While many defense attorneys will simply try to get their client to plea solely to the Felony Firearm, Nessel and Kessel Law will work hard establishing that there was no connection between the gun and the alleged crime. Further, as with many gun cases, there are often complex 4th Amendment issues that will come into play in a Felony Firearm case. You need a Felony Firearm defense attorney who can protect you and your rights.
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.