Firearm Possession by Felon
A convicted felon can face state or federal charges if he or she is in possession of a firearm. This is a felony offense that can have very stiff consequences, including a lengthy prison sentence and substantial fines.
In these cases, it is important to remember that prosecutors still have the burden of proving an alleged offender knowingly possessed a firearm. This can be difficult in cases involving “constructive possession,” where a firearm is not physically found on the convicted felon but instead discovered close to that person.
West Chester Firearm Possession by Felon Lawyer
If you have been previously convicted of a felony and are now facing charges of prohibited firearm possession, you should immediately seek legal representation. Ciccarelli Law Offices serves clients throughout Chester County as well as Philadelphia County, Montgomery County, Lancaster County, and Delaware County.
Our criminal defense attorneys have more than four decades of combined experience. We can provide a free, confidential consultation to review your case as soon as you call (610) 692-8700.
Chester County Firearm Possession by Felon Information Center
- What felony conviction apply to this charge?
- What penalties do I face if convicted?
- Are there any defenses against these charges?
Under Pennsylvania Consolidated Statute § 6105, you are prohibited from possessing, using, controlling, selling, transferring, or manufacturing or obtaining a license to possess, use, control, sell, transfer or manufacture a firearm in Pennsylvania if you have been previously been convicted of a felony relating to any of the following offenses:
- Aggravated assault
- Aggravated indecent assault
- Arson and related offenses
- Assault by prisoner or life prisoner
- Causing or risking catastrophe
- Corrupt organizations
- Corruption of minors
- Criminal trespass, if the offense is graded a felony of the second degree or higher
- Facsimile weapons of mass destruction
- False reports to law enforcement authorities, if the fictitious report involved the theft of a firearm
- Impersonating a public servant, if the person is impersonating a law enforcement officer
- Intimidation of witnesses or victims
- Involuntary deviate sexual intercourse
- Involuntary manslaughter, if the offense is based on the reckless use of a firearm
- Luring a child into a motor vehicle or structure
- Possession of firearm by minor
- Possession of weapon on school property
- Prohibited offensive weapons
- Prohibiting of paramilitary training
- Receiving stolen property, upon conviction of the second felony offense.
- Retaliation against witness, victim or party
- Robbery of motor vehicle
- Sale or lease of weapons and explosives
- Theft by extortion, when the offense is accompanied by threats of violence
- Voluntary manslaughter
- Weapons of mass destruction
- Weapons or implements for escape
- Unlawful restraint
- Unlawful taking or disposition, upon conviction of the second felony offense
It is a second degree felony offense for a convicted felon to possess a firearm. This can result in penalties that may include:
- Up to 10 years in state prison
- Up to $25,000 in fines
Additionally, some cases may involve or be referred to one of the three United States Attorney’s Offices in Pennsylvania. Such cases will result in federal charges under Title 18 U.S. Code § 922(g) and carry punishments that can be even more severe.
There are numerous defenses that may be employed in fighting illegal firearm possession charges, and these may include, but are not limited to:
- Inadequate evidence of firearm possession
- Unknowing possession of firearm
- Firearm discovered through warrantless search and seizure
- Firearm possession was strictly for self-defense purposes
Find the Best Firearm Possession by Felon Lawyer in West Chester
Ciccarelli Law Offices represents clients all over Chester County who are facing felony firearm and weapon charges. Our firm fights to defend the rights of people in such communities as West Chester, Phoenixville, West Goshen, Coatesville, West Caln, and Easttown as well as the greater Philadelphia area.
Our criminal defense attorneys will work to obtain the most favorable outcome to your case with the fewest possible punishments. We can review your case and discuss your legal options when you call (610) 692-8700 to schedule a free, no obligation consultation.