Atlanta Felony Gun Possession Charges
In Georgia, felony gun possession is usually an additional charge that is tacked on when a felon is arrested for a different crime. The gun charge raises the stakes of the criminal case considerably. For example:
- Punishment for the gun possession charge is added on top of any punishment for the underlying offense.
- In federal court, possession of a firearm can be used an enhancement in federal court sentence guidelines, which would make the accused ineligible for a prison sentence below the mandatory minimum.
- Possession of the gun during the commission of a felony can make the underlying charge more serious. For example converting an assault into an aggravated assault.
- You could be subject to the Armed Career Criminal Act of 1984, which provides sentence enhancements for felons who commit crimes with firearms.
For the past 70 years, Garland, Samuel & Loeb has displayed a commitment to vigorously defending those accused of serious crimes such as firearm charges. The firm’s founder, Reuben Garland, traveled the back roads of Georgia, defending both white and African-American clients, often saving the latter from “mob justice.” To this day, our lawyers strongly adhere to our commitment to tenacious advocacy for our clients in the southeastern United States and beyond.
Defenses in Gun Possession Cases
Our attorneys have the skill and determination to aggressively pursue the legal and factual issues in your case. Possession of the weapon has to be “knowing possession.” In other words, if the gun was in your car, the prosecutor has to prove that you knew it was there. If someone else was in your car with you, the prosecutor has to prove that you were in possession of the gun and not the other person. If the search and seizure was unlawful, the gun evidence can be suppressed.