Most gun crimes are treated seriously in Okmulgee, Oklahoma.
However, you may find yourself in even more trouble if you are accused of possession of a firearm by a convicted felon in Oklahoma.
If you or anyone you know has been charged with possession of a firearm by a convicted felon in Oklahoma, contact an experienced Okmulgee criminal defense attorney who can assist with your case.
Understanding Possession of a Firearm by a Convicted Felon in Oklahoma
It is illegal under Oklahoma law for any person convicted of any felony in any state to be in possession of a firearm for any reason.
In fact, even if the handgun has been legally registered, a charge of possession of a firearm by a convicted felon in Oklahoma is still a serious matter.
Oklahoma law provides one exception to this law for non-violent felons who have received pardons for their crimes.
Even under these circumstances, they must still apply to carry a firearm.
Proving Possession of a Firearm by a Convicted Felon in Oklahoma
Proving that a defendant is guilty of being a felon in possession of a firearm is straightforward for an Okmulgee prosecutor, who must prove each of the following elements beyond a reasonable doubt:
First, that the defendant acted knowingly and willfully;
Second, that the defendant possessed/(had under his immediate control)/(had in any vehicle he operated)/(had in any vehicle in which he was riding as a passenger)/(had at the place where the defendant resides);
Third, any pistol/(imitation/homemade pistol)/(machine gun)/(sawed-off shotgun/rifle)/(dangerous/deadly firearm);
Fourth, the defendant was convicted of a felony by any court in the United States.
Defending Yourself at Trial
The first two elements of the crime allow a defendant’s attorney to design an effective defense.
It is a defense that the defendant was unaware that a gun was present, for example.
It is also a defense that a defendant did not have “possession” of the gun, especially where the gun was not found on the defendant.
Here, an attorney may argue that the defendant was not in control of the gun.
Penalties
Being in possession of a firearm by a convicted felon in Oklahoma is a felony offense.
A conviction can lead to imprisonment in the State Penitentiary for 1 to 10 years.
Low-cost Consultation: Okmulgee Firearm Possession Defense Attorney
A conviction of a charge of possession of a firearm by a convicted felon in Oklahoma can lead to years in jail and severely alter one’s life.
If you or someone you know is faced with this charge, call our Okmulgee office at 918-756-9600 for a low-cost consultation.
Or, enter your legal question or concern in the form at the top right of this page, and one of our Okmulgee felony defense attorneys will promptly return your message.
