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Gun Prosecution

Due to the fact that concealed weapons permits are so common, gun crimes are becoming increasingly common where people are violating their conceal permit. The most common way that people violate their permit is by being intoxicated or using intoxicants when they have the weapon in their possession. For example, someone might have the weapon on them during the workday and then decide to stop on their way home from work and have a couple of drinks and still have the weapon in their possession or car.

They can be charged with having the concealed weapon under the influence of alcohol which is a potentially severe crime that leads to the CPL or the conceal permit being taken away. It can be revoked for a term of years or completely forfeited, depending on the circumstances. Part of that is based on the level of intoxication; the penalty is greater as the level of intoxication goes up.

If you are facing gun charges, contact a Michigan gun lawyer for assistance in fully understanding the process as well as changing trends in Michigan gun prosecution.

Elements of Proof

The elements the prosecution must prove for a person to be convicted of a Michigan gun charge depend on the alleged crime. Every crime is composed of elements and the prosecutor must prove every element beyond a reasonable doubt. For example, with a possession of a weapon charge, one of the elements is that an individual was actually in possession of that weapon. Possession does not necessarily mean that an individual has it in their hand or pocket, it is more broadly interpreted. Possession is an element of that crime and the gun case prosecutor in Michigan must prove that beyond a reasonable doubt.

The prosecutor also needs to prove that the weapon was, in fact, a weapon. That could potentially be an issue, particularly when the item collected by the police is a toy gun. The word "firearm" in Michigan is defined as any weapon which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive.

There may be some question as to whether or not it meets the definition under the law. Each crime has elements and all of those elements must be proved beyond a reasonable doubt before the prosecutor can prove that an individual is guilty of the crime charged.


Once the gun crime is charged, the prosecuting attorneys are very reluctant to dismiss those charges or reduce them because of the public and political pressure against doing so. Guns are inherently dangerous and are frightening to many people.

Michigan prosecutors of gun cases, who are in many instances elected officials, want to be sure that they are not handling high-visibility crimes in a way that causes the public that votes for them to lose confidence in their ability to exercise discretion, particularly as it pertains to dangerous weapons.

Changing Trends

Even in counties where prosecutors are prone to plea bargaining and are even lenient in their plea bargaining policies in general, almost every Michigan prosecuting attorney's office is far less willing to negotiate on gun charges and any type of sentence that might be imposed by the court.

In other words, the prosecutor most likely asks for the maximum penalty when a gun is involved. That is particularly true if the gun was not just possessed, but was actually used in a way that caused harm to someone else. Anytime a victim is involved along with a gun, a prosecutor is not willing to dismiss that charge.

Call Today! FREE Consultation Lawyer and Receive Immediate Attention for Your Criminal Law Case Patrick T. Barone is a Michigan Super Lawyer, who has maintained continuous top attorney ratings since 2007. In addition, the Michigan native is the author of multiple books on OWI, DUI and criminal law. The OUIL attorney near me has lectured at over 80 legal seminars all over America. He leads Barone Defense Firm in providing aggressive legal warriors for each client's criminal case.

Contact us 24 hours a day at our law firm’s easy to remember toll-free number, 1-877-ALL-MICH or 877-255-6424, for a free criminal case review. The Michigan attorneys near me at Barone Defense Firm travel the entire Great Lakes State, to help citizens in legal trouble in Michigan for alleged criminal law violations.

For your FREE lawyer consultation, call today to learn how to protect yourself from a possible unwarranted conviction. What do you have to lose, when the free legal advice with our litigation team’s criminal lawyers near me can answer many tough questions?

Client Reviews
Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
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