In Michigan, felony firearm charges can arise when the weapon was used during a felony offense. They carry a mandatory prison term of two years, even for a first felony conviction. Courts must impose this term consecutively with the sentence for any underlying felony that was involved.
A second felony firearm conviction carries a five‑year term. These sentencing rules make informed decision making during felony gun crime cases essential.
How felony firearm charges work
Michigan felony gun charges apply when someone is in possession of a firearm during the commission or attempted commission of a felony. The law covers both actual possession and constructive possession.
Actual possession means the firearm was found in a person’s direct, physical control. Constructive possession means it was found near enough for an individual to take control of it. Examples include having a firearm in a vehicle, in a nearby location or stored in a place under a person’s control.
Many people believe constructive possession is less serious than actual possession. However, it can still lead to a harsh outcome upon conviction.
Common defenses in felony cases
Firearm cases charged as felonies often involve disputes about possession. Prosecutors try to demonstrate that the person knew about the firearm and had the intent and ability to control it. Potential defenses include the following:
- Lack of knowledge of the weapon
- No actual or constructive possession
- Firearm was not used during a felony
- Unlawful search or seizure
The court will review the underlying felony charge, the firearm evidence and the person’s history. With solid evidence and skilled legal guidance, it is possible to present a solid defense against serious gun charges.