Felony charges are not something to take lightly at all. This is a label that follows you for the rest of your life, and in many ways defines who you are. It becomes a part of your identity even if you clean up your act and become a better person.

Being named a felon creates many barriers in your life for what you can and cannot do. You end up living with a more strict set of rules than the rest of society, and you can face more serious consequences if these rules are broken.

For example, a felon cannot carry a gun on his or her person at any time, and they cannot own one either. However, some felons try to fly under the radar with their gun – until they get caught, that is. This can have serious implications, but each person’s situation is different.

To get a better understanding of what happens if a convicted felon is caught with a gun, you have to understand a few other things first.

Defining a Felon

The word criminal gets tossed around a lot, but most people understand it’s a more serious offense to be a felon. Still, not everyone understands what exactly a felon is

To be a felon means a person has been convicted of a crime that is punishable by over a year in prison. The crime can be violent or non-violent. The conditions for being given a felony charge as well as the rights that a felon loses vary among state lines.

As such, it’s the responsibility of each convicted felon to research and fully understand their new set of rights. They can work with a lawyer like the professionals at Grieco Law Center to do this. Getting professional insight is ideal in situations like these; it helps felons get an absolutely clear definition of what they can and cannot do as a member of society.

Various Forms of Gun Possession and Charges

Under federal law, a felon cannot own a gun or carry it on their person.

This should be a straightforward rule for convicted felons to follow, but there is one caveat. The law doesn’t apply if the gun has not been transported across state lines before it came into the possession of the felon.

When a gun stays within one state, it’s a local issue, not a federal offense.

Other details about possession worth looking into are listed below.

Possession and Constructive Possession of Guns

To have possession of a gun means to have it on your person. This could mean an individual has it in their pocket or slipped into their jeans or inside a carrying item (backpack, briefcase, purse, etc.).

Constructive possession is a little different. This applies to the possession of a gun in someone’s home or vehicle even if the person is not present in these areas.

For example, say a felon was taken in for a crime unrelated to gun possession. If the police decide to search his/her property with a warrant and they find a gun, the felon could be charged with possession even though they did not have the gun on their person at the time of arrest.

The Different Federal Gun Charges

The thing about being a convicted felon charged with gun possession is that it becomes another felony on the person’s record. When felonies start to add up like this, the individual’s freedom becomes more and more difficult to maintain. It’s not unlikely for convicted felons to end up back in jail for longer terms when they commit additional crimes.

Typically, though, federal gun charges range from 5 years – life sentences. Each person’s sentence depends on the intent they had for having/using the gun as determined by the court of law. Prior convictions have an influence, while a clean record may work in a person’s favor.

From Being Caught to Getting Charged

As with any other kind of case, a convicted felon who is caught with a gun is innocent until proven guilty. Thanks to the United States Judicial System in place, the felon does have a chance of winning their case and walking away from a potential gun charge.

This kind of chance is usually slim, but it’s there. It’s up to the individual in question to understand this and act on it. He or she should get a lawyer as soon as possible and get to work.

It’s also worth mentioning different cases have different outlying factors and all kinds of timelines. One convicted felon may have a gun-related charge pending for months while another may be caught and tried within a few weeks. Every person’s situation is different, but a few things are the same across the board.

The similarities are:

• it’s in a felon’s best interest to get a lawyer
• the felon has rights regarding what they can and cannot say/share
• sentences and convictions can be pleaded/negotiated*

Case pleas and negotiations tend to make the situation even more complicated for a felon, but they’re not that uncommon. These are the “deals” that attorneys try to make with the court in order to prove the innocence of their client or to lower their sentence. Pleas and negotiations are a felon’s final hope when facing another felony charge due to gun possession.

What Happens if a Convicted Felon is Caught With a Gun: Nothing Good if You Don’t Get a Lawyer!

There’s no telling what may be the outcome of a convicted felon’s case if they don’t get a lawyer as soon as possible. This is the support they need to face a judge and jury whenever they’re facing any kind of case, but especially something gun related.

What happens if a convicted felon is caught with a gun is usually nothing good. If you or someone you know have found yourself in this situation, though, you need to figure out how to get a lawyer right away.

Click here for insight on how to do so.