Felon in Possession Lawyer Howard County
A felon in possession charge in Howard County is a serious felony with mandatory prison time. You need a Felon in Possession Lawyer Howard County immediately. Law Offices Of SRIS, P.C. —Advocacy Without Borders. Our defense team understands Maryland’s strict gun laws and Howard County’s prosecution tactics. We build a defense focused on challenging the state’s evidence and protecting your rights. (Confirmed by SRIS, P.C.)
Maryland’s Felon in Possession Statute
A Maryland felon in possession charge is prosecuted under state public safety law. The statute prohibits possession of a regulated firearm by a person with a disqualifying conviction. This is a strict liability offense in many circumstances. The prosecution does not need to prove you intended to break the law. They must prove you possessed the firearm and have a prior conviction.
Md. Code, Public Safety § 5-133(c) — Felony — Maximum Penalty of 5 years imprisonment and/or a $10,000 fine. This law makes it illegal for a person with a prior disqualifying conviction to possess a regulated firearm. A disqualifying conviction includes any felony or a misdemeanor punishable by more than two years. The law applies to both actual and constructive possession of the firearm.
Howard County prosecutors apply this statute aggressively. The charge is not eligible for probation before judgment in most cases. A conviction results in a permanent criminal record. It also creates a new disqualifying conviction for any future firearm charge. You need a strategic defense from the start.
What is a “regulated firearm” under Maryland law?
A regulated firearm in Maryland includes handguns and specific assault-style long guns. The list includes pistols, revolvers, and certain rifles and shotguns. Common hunting rifles and shotguns are generally not regulated firearms. The exact model and features determine its classification. An experienced Felon in Possession Lawyer Howard County can analyze the firearm in your case.
What constitutes “possession” for this charge?
Possession means having direct physical control or the power to exercise control over a firearm. Constructive possession applies if the firearm was found in a place you controlled. This includes a car you were driving or a room in your home. The state must prove you knew of the firearm’s presence and had control over it. Mere proximity is not enough for a conviction.
Who is considered a “disqualified person”?
A disqualified person has a prior conviction for a crime of violence or a felony. It also includes convictions for specific misdemeanors punishable by over two years. Individuals with certain drug convictions are also prohibited. A person subject to a final protective order is disqualified. Juvenile adjudications for disqualifying offenses can also count.
The Howard County Circuit Court Process
Felon in possession cases in Howard County are heard in the Circuit Court. The Howard County Circuit Court is located at 8360 Court Avenue, Ellicott City, MD 21043. This is a felony court that handles the most serious criminal charges. The court follows strict procedural rules and timelines. Missing a deadline can severely damage your defense. Learn more about Virginia legal services.
Your case begins with an initial appearance or arraignment. You will be formally advised of the charges against you. The court will address bail conditions and appoint counsel if needed. The next major phase is the discovery process. The state must provide its evidence to your defense attorney.
Pre-trial motions are critical in firearm possession cases. Motions to suppress evidence can be filed if the gun was found illegally. A motion to dismiss may be appropriate if the statute does not apply. Procedural specifics for Howard County are reviewed during a Consultation by appointment at our Howard County Location. Filing fees and court costs apply throughout the process.
What is the typical timeline for a felony gun case?
A felony gun case in Howard County can take several months to over a year. The discovery phase alone can last 60 to 90 days. Pre-trial motions require hearings scheduled by the court. Trial dates are set based on the court’s crowded docket. A skilled attorney can sometimes expedite the process strategically.
What are the court costs and filing fees?
Court costs in a Howard County felony case can exceed several hundred dollars. Filing fees for motions and other pleadings are required. Fines are separate from court costs and are imposed upon conviction. The court may also order restitution in certain circumstances. Your attorney can provide a detailed estimate of potential financial obligations.
Penalties and Defense Strategies for Howard County
The most common penalty range for a first-time felon in possession conviction is 18 months to 5 years. Maryland law imposes a mandatory minimum sentence for this offense. Judges in Howard County have limited discretion to suspend all of the prison time. A conviction will also result in the loss of your right to possess firearms permanently. The collateral consequences extend far beyond the prison sentence.
| Offense | Penalty | Notes |
|---|---|---|
| Felon in Possession (First Offense) | Mandatory minimum 5 years, with all but 18 months suspended possible. Maximum 5 years. | Judge may suspend part of the sentence but not all. |
| Felon in Possession (Subsequent Offense) | Mandatory minimum 5 years without parole. Maximum 15 years. | Prior conviction for a crime of violence triggers this enhanced penalty. |
| Possession of Firearm in Drug Trafficking Crime | Additional mandatory 5-year sentence, consecutive to other sentences. | Charged separately under Md. Criminal Law § 5-621. |
| Wearing, Carrying, or Transporting a Handgun | Up to 3 years imprisonment and/or a $2,500 fine. | Often charged alongside the felon in possession count. |
[Insider Insight] Howard County prosecutors seek the mandatory minimum sentence in nearly every felon in possession case. They rarely offer plea deals that avoid prison time. Their strategy focuses on securing a felony conviction and prison sentence. The Circuit Court judges generally follow the state’s sentencing recommendations. An aggressive defense challenging the legality of the search or the possession is essential. Learn more about criminal defense representation.
Can you avoid jail time on a first offense?
Avoiding all jail time on a first offense is extremely difficult in Howard County. The law requires a mandatory minimum period of incarceration. A judge cannot suspend the entire sentence. The best strategy is to challenge the evidence before trial. A successful motion to suppress can lead to a dismissal of charges.
What are the long-term consequences of a conviction?
A conviction permanently bars you from legally possessing any firearm in Maryland. It can affect professional licensing and certain employment opportunities. You may face restrictions on where you can live or travel. The felony record will appear on all background checks. It can also impact child custody and visitation determinations.
Why Hire SRIS, P.C. for Your Howard County Gun Charge
Our lead attorney for firearm offenses is a former law enforcement officer with direct insight into prosecution tactics. This background provides a critical advantage in building your defense. We know how police build these cases and where their weaknesses lie.
Attorney Background: Our firearm defense team includes attorneys with decades of combined trial experience. We have handled numerous prohibited person gun charge cases in Howard County. We focus on challenging the legality of searches, seizures, and statements. We scrutinize the chain of custody for the firearm and forensic evidence. We prepare every case as if it is going to trial to force the best possible outcome.
SRIS, P.C. has a dedicated team for criminal defense representation in serious felony cases. We assign multiple attorneys to review each client’s file. We develop case-specific strategies rather than using a one-size-fits-all approach. Our Howard County Location allows us to respond quickly to court developments. We provide clear, direct advice about your options and the likely outcomes.
Localized Howard County Firearm Charge FAQs
What should I do if I am arrested for a gun charge in Howard County?
Remain silent and request an attorney immediately. Do not answer any police questions or make statements. Contact a Felon in Possession Lawyer Howard County as soon as possible. We will arrange a case review and begin building your defense strategy. Learn more about DUI defense services.
How long does the state have to file felony gun charges?
The statute of limitations for a felony in Maryland is generally three years. For a felon in possession charge, the time limit is three years from the date of the alleged offense. There are very few exceptions that extend this deadline. An attorney must review the specific facts of your case.
Can a felon in possession charge be reduced or dismissed?
Yes, a charge can be reduced or dismissed with an effective legal defense. Common strategies include filing motions to suppress illegally obtained evidence. Challenging the proof of possession or the disqualifying conviction can also work. The state’s case must be attacked aggressively from the beginning.
What is the difference between state and federal gun charges?
State charges are prosecuted under Maryland law in Howard County Circuit Court. Federal charges are prosecuted under U.S. law in federal district court. Federal penalties are often more severe with longer mandatory sentences. The same act can sometimes lead to prosecution in both systems.
Do I need a local Howard County lawyer for this charge?
Yes, you need an attorney familiar with Howard County judges and prosecutors. Local knowledge of court procedures and personnel is a significant advantage. SRIS, P.C. has a Location serving Howard County and understands the local legal area. We know how to handle this specific court effectively.
Contact Our Howard County Location
Our legal team serves clients facing serious felony charges throughout Howard County. We are accessible to residents in Ellicott City, Columbia, Jessup, and surrounding areas. Procedural specifics for your case are reviewed during a Consultation by appointment. Call our team 24/7 to discuss your felon with firearm defense needs.
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