Felon in Possession Lawyer Maryland
If you are a felon in possession of a firearm in Maryland, you face a felony charge with a mandatory minimum prison sentence. You need a Felon in Possession Lawyer Maryland immediately. Law Offices Of SRIS, P.C.—Advocacy Without Borders. defends these serious charges. Our attorneys know Maryland’s strict gun laws and court procedures. We build a defense to protect your freedom. (Confirmed by SRIS, P.C.)
Statutory Definition of a Felon in Possession Charge
Maryland Public Safety Code § 5-133(c) makes it a felony for a person with a prior felony conviction to possess a regulated firearm, punishable by a mandatory minimum of 5 years in prison. This law is absolute for prohibited persons in Maryland. The statute does not require intent to use the firearm unlawfully. Mere possession is enough for a conviction. The state must prove you were previously convicted of a disqualifying crime. They must also prove you knowingly possessed a firearm. A regulated firearm includes handguns and specific assault weapons. Certain antique firearms are exceptions. The law applies to both actual and constructive possession. Constructive possession means you had the power and intent to control the firearm. This could be in a home or vehicle you control. The charge is separate from federal laws. You can be prosecuted under both state and federal statutes. Defenses often challenge the legality of the search or seizure. They may also question the proof of possession or prior conviction status. An experienced criminal defense representation team is critical.
What constitutes “possession” under Maryland law?
Possession in Maryland means either actual physical control or constructive control over a firearm. Actual possession is having the gun on your person. Constructive possession means you had the ability and intent to exercise dominion over it. The firearm could be in a drawer you own or a car you drive. Prosecutors use circumstantial evidence to prove constructive possession.
Who is considered a “prohibited person” for firearm possession?
A prohibited person in Maryland includes anyone convicted of a crime of violence or a felony. It also includes individuals convicted of certain domestic violence misdemeanors. Persons under the age of 21 are generally prohibited from handgun possession. Individuals who are habitually addicted to a controlled substance are also barred. The prohibition is lifetime for felony convictions unless rights are formally restored.
What is the difference between state and federal felon in possession charges?
State charges are filed under Maryland Public Safety Code § 5-133. Federal charges are filed under 18 U.S.C. § 922(g). The federal statute has broader reach and often carries harsher penalties. Federal prosecutions typically involve interstate commerce elements. You can be charged under both systems for the same act. A DUI defense in Virginia attorney would not handle this Maryland-specific charge.
The Insider Procedural Edge in Maryland Courts
Your case will begin in the District Court for the county where the arrest occurred, such as the District Court for Baltimore City at 111 N. Calvert Street. Procedural specifics for Maryland are reviewed during a Consultation by appointment at our Maryland Location. The initial appearance is typically within 24 hours of arrest. The court will set bail conditions at this hearing. A preliminary hearing may be scheduled if the case is a felony. The discovery process requires the state to share its evidence with your defense. Filing fees and court costs vary by county. The timeline from charge to trial can be several months. Local court rules dictate motion filing deadlines. Understanding these rules is a key part of your defense strategy.
What is the standard court timeline for a felony gun case?
The timeline from arrest to trial in Maryland often spans six to twelve months. The initial appearance happens within a day. A preliminary hearing may occur within 30 days if held. The arraignment, where you enter a plea, follows. Discovery and pre-trial motions can take several months. Trial dates are set by the court’s crowded docket.
The legal process in Maryland follows specific procedural requirements that affect case timelines and outcomes. Courts in this jurisdiction apply local rules that may differ from neighboring areas. An attorney familiar with Maryland court procedures can identify procedural advantages relevant to your situation.
How do bail determinations work for this charge?
Bail for a felon in possession charge in Maryland is not assured. The judge considers flight risk and danger to the community. The mandatory minimum sentence makes defendants a higher flight risk. Prosecutors often request high bail or deny bail altogether. Your criminal history heavily influences the judge’s decision. A strong defense argument at the bail hearing is crucial.
Penalties & Defense Strategies for a Maryland Charge
The most common penalty range is the mandatory minimum of 5 years in prison, with a maximum of 15 years. Fines can reach $10,000. A conviction also results in the permanent loss of your right to own firearms.
Virginia law establishes specific statutory frameworks that govern these matters. Each case involves unique factual circumstances that require careful legal analysis. SRIS, P.C. attorneys evaluate every relevant factor when developing case strategy for clients in Maryland.
| Offense | Penalty | Notes |
|---|---|---|
| Felon in Possession (First Offense) | 5-year mandatory minimum, up to 15 years imprisonment; Fine up to $10,000 | Sentences are consecutive to any other sentence. |
| Felon in Possession (Subsequent Offense) | 10-year mandatory minimum, up to 20 years imprisonment; Fine up to $20,000 | Prior conviction must be for a crime of violence. |
| Possession of Firearm in Drug Trafficking Crime | Additional mandatory 5 years, consecutive to other sentences. | Charged under separate statute § 5-621. |
| Possession of Firearm on School Property | Additional penalties apply, including mandatory minimums. | Charged as a separate misdemeanor or felony. |
[Insider Insight] Local prosecutors in Maryland counties aggressively pursue these charges. They rarely offer plea deals that avoid the mandatory minimum prison time. Their strategy focuses on securing a felony conviction. Defense must attack the search, the chain of custody, or the knowledge element.
Can you avoid the mandatory minimum sentence?
Avoiding the mandatory minimum in Maryland is extremely difficult. It requires a legal victory before sentencing. This means winning a motion to suppress evidence or an acquittal at trial. Prosecutors have no discretion to waive the mandatory minimum via plea. Your our experienced legal team must find a flaw in the state’s case.
What are the long-term collateral consequences?
Collateral consequences include a permanent felony record. You will lose the right to vote until completion of sentence. You will be barred from possessing firearms for life. Employment, housing, and professional licensing become major hurdles. Federal benefits like student loans may be denied. These consequences last long after any prison sentence ends.
Court procedures in Maryland require proper documentation and adherence to filing deadlines. Missing a deadline or submitting incomplete filings can negatively impact case outcomes. Working with an attorney who handles cases in Maryland courts regularly ensures that procedural requirements are met correctly and on time.
Why Hire SRIS, P.C. for Your Maryland Defense
Our lead attorney for these matters is a former prosecutor with over 15 years of trial experience in Maryland circuit courts.
Attorney credentials include membership in the Maryland State Bar Association. He has handled numerous felony firearm possession cases. His background provides insight into prosecution tactics. This allows for effective counter-strategies during pre-trial motions and at trial.
The timeline for resolving legal matters in Maryland depends on multiple factors including case type, court scheduling, and the positions of all parties involved. SRIS, P.C. keeps clients informed throughout the process and works to move cases forward as efficiently as possible.
SRIS, P.C. has a dedicated team for complex gun charge defenses. We assign multiple attorneys to review every case detail. We investigate police conduct and evidence handling from the start. Our goal is to identify constitutional violations. We prepare every case as if it is going to trial. This posture often leads to better pre-trial outcomes. We provide clear, direct advice about your options and risks.
Localized FAQs on Felon in Possession Charges in Maryland
Can a felon ever legally own a gun in Maryland?
No. A person convicted of a felony in Maryland is permanently prohibited from possessing a regulated firearm. State law provides no process for restoration of firearm rights for felons. This is a lifetime ban under Maryland Public Safety Code § 5-133.
What is considered a “regulated firearm” in Maryland?
A regulated firearm in Maryland primarily means a handgun. It also includes specific enumerated assault weapons and their copies. Rifles and shotguns are generally not “regulated firearms” under this specific statute. The definition is critical for the charge.
Does the gun have to be working to be charged?
No. Maryland law defines a firearm as a weapon that expels a projectile by action of an explosion. An inoperable firearm can still meet this definition if it was designed to expel a projectile or can be readily restored to operating condition.
Financial implications are often a significant concern in legal proceedings. Virginia courts consider relevant financial factors when making determinations. Proper preparation of financial documentation strengthens your position and supports favorable outcomes in Maryland courts.
Can I be charged if the gun was found in my house but not on me?
Yes. This is constructive possession. If the gun was found in a common area you control, like your bedroom, prosecutors will charge you. They must prove you knew of the gun and had the ability to control it.
What should I do if I am arrested for this charge?
Remain silent and request a lawyer immediately. Do not answer any police questions about the gun, its ownership, or your record. Contact a Felon in Possession Lawyer Maryland from SRIS, P.C. as soon as possible to begin building your defense.
Proximity, CTA & Disclaimer
SRIS, P.C. provides defense representation across Maryland. Our attorneys are familiar with courts in Baltimore City, Prince George’s County, Montgomery County, and Anne Arundel County. We analyze cases from every jurisdiction in the state. Consultation by appointment. Call 24/7. Our team will assess the details of your arrest and the evidence against you. We develop a defense strategy specific to Maryland law and your local court. The Law Offices Of SRIS, P.C. serves clients throughout the state. We understand the severe penalties you face. Immediate action is necessary to protect your rights.
Past results do not predict future outcomes.