Felon in Possession Lawyer Prince George’s County
A felon in possession charge in Prince George’s County is a serious felony with severe penalties. You need a lawyer who knows Maryland gun laws and the local courts. Law Offices Of SRIS, P.C. —Advocacy Without Borders. provides direct defense for prohibited persons facing firearm charges. Our Prince George’s County Location focuses on building a strong defense strategy from the start. (Confirmed by SRIS, P.C.)
Statutory Definition of a Felon in Possession Charge
Maryland Public Safety Code § 5-133(c) defines this offense as a felony with a maximum penalty of 5 years in prison and a $10,000 fine. This statute prohibits any person who has been convicted of a disqualifying crime from possessing a regulated firearm. A “disqualifying crime” under Maryland law includes any felony or a misdemeanor that carries a statutory penalty of more than two years. The law also covers attempts to possess, meaning you do not need to be holding the gun at the time of arrest. The state must prove you knowingly possessed the firearm and that you have a prior disqualifying conviction. This charge is separate from any other related offenses like drug possession or assault.
Prosecutors in Prince George’s County treat these cases aggressively due to local enforcement priorities. The statute’s broad language means many prior convictions can trigger this charge. Even an old felony from another state can be used against you. The definition of “possession” can be actual or constructive. Constructive possession means the firearm was in a place you controlled, like your car or home. This gives prosecutors significant use in building a case. Understanding the precise elements the state must prove is the first step in your defense.
What constitutes “possession” under Maryland law?
Possession can be actual physical control or constructive control over the firearm’s location. The state does not need to find the gun in your hand. If it is in your car, home, or a bag you own, that may be enough for a charge. Prosecutors will argue you had the power and intent to exercise control over the weapon. This is a critical area for a criminal defense representation to challenge.
What prior convictions disqualify a person from gun ownership?
Any felony conviction in Maryland or any other state is a disqualifier. Certain domestic violence misdemeanors also result in a lifetime prohibition. A conviction for a crime of violence, even if classified as a misdemeanor, will typically bar firearm possession. The list is extensive and includes many non-violent drug felonies. You need a lawyer to review your specific prior record.
How does Maryland define a “regulated firearm”?
In Maryland, a “regulated firearm” includes all handguns and specific listed assault-style long guns. The definition is broader than federal law and includes many common semi-automatic rifles. Certain shotguns and rifles are not classified as regulated firearms. The exact model and features of the weapon matter for the charge. An attorney must examine the firearm’s classification in your case.
The Insider Procedural Edge in Prince George’s County
Your case will begin at the District Court for Prince George’s County located at 14735 Main Street, Upper Marlboro, MD 20772. This is where initial appearances, bail reviews, and preliminary hearings are held. Felony charges may later be forwarded to the Circuit Court for Prince George’s County. The local State’s Attorney’s Location has a dedicated gun prosecution unit. They prioritize these cases, which means faster filing and less initial negotiation. You must act quickly to protect your rights.
The procedural timeline moves fast after an arrest. You will have a bail review hearing within 24 hours. A preliminary hearing is typically scheduled within a few weeks if the case remains in District Court. Filing fees and court costs apply at each stage, though specific amounts are set by the court clerk. Procedural specifics for Prince George’s County are reviewed during a Consultation by appointment at our Prince George’s County Location. Knowing which judge is assigned can impact strategy, as local judicial tendencies vary.
What is the typical timeline for a felon in possession case?
A case can take from several months to over a year to resolve, depending on the court’s docket. Initial hearings happen within weeks of an arrest. Discovery and pre-trial motions extend the timeline significantly. A case bound over to Circuit Court will have a longer schedule. Your lawyer must manage these deadlines aggressively. Learn more about Virginia legal services.
What court costs and fees should I expect?
Court costs and filing fees are mandated by the state and apply in every criminal case. These are separate from any fines imposed as a penalty. The exact amounts are subject to change and are confirmed at the time of filing. Additional fees may apply for transcripts or other court services. Your attorney will outline these potential costs early in your case.
Penalties & Defense Strategies for a Prohibited Person Gun Charge
The most common penalty range for a first-time felon in possession charge is 18 months to 5 years in prison. Judges in Prince George’s County have wide discretion within the statutory limits. The mandatory minimum sentence can be severe if certain aggravating factors are present. A conviction will also result in the permanent loss of your right to own firearms. You need a strategic defense to avoid these consequences.
| Offense | Penalty | Notes |
|---|---|---|
| Felon in Possession (First Offense) | Up to 5 years prison, $10,000 fine | Classified as a felony; no parole for first 1/2 of sentence if violent prior. |
| Felon in Possession (Subsequent Offense) | Up to 15 years prison, $15,000 fine | Enhanced penalty; mandatory minimum sentence often applies. |
| Possession While Committing a Crime of Violence | Additional 5-20 years, consecutive | Sentence stacks on top of penalties for the underlying violent crime. |
| Possession of a Firearm by a Drug User | Up to 10 years federal prison | Can be charged federally, separate from state charges. |
[Insider Insight] Prince George’s County prosecutors seek jail time in nearly all felon in possession cases. They rarely offer probation before judgment on a standalone gun charge. Their initial plea offers are typically for a sentence within the standard guidelines. Defense strategy must focus on challenging the legality of the search or the link between the client and the firearm. Success often depends on filing strong suppression motions early.
What are the best defense strategies for this charge?
Challenge the legality of the search or seizure that found the firearm. Argue lack of knowledge or constructive possession. Contest the validity of the prior disqualifying conviction. File a motion to suppress evidence if police violated your Fourth Amendment rights. An experienced our experienced legal team will identify the weakest point in the state’s case.
Can I avoid jail time on a first offense?
Avoiding jail time is difficult but possible with the right defense strategy. It requires negotiating with prosecutors or winning at trial. Factors like the circumstances of the arrest and your personal history matter. A skilled lawyer can argue for alternative sentencing like home detention. The outcome depends heavily on the specific facts of your case.
Why Hire SRIS, P.C. for Your Felon in Possession Defense
Our lead attorney for firearm offenses is a former prosecutor with direct insight into state tactics. This background provides a critical advantage in anticipating and countering the prosecution’s moves. We understand how Prince George’s County builds these cases from the inside. We deploy that knowledge to protect your rights and your future.
Attorney Background: Our firearm defense team includes attorneys with decades of combined trial experience in Maryland courts. They have handled hundreds of prohibited person cases, achieving dismissals and reduced charges. They know the local judges, prosecutors, and procedural nuances of the Upper Marlboro courthouse. This localized experience is irreplaceable. Learn more about criminal defense representation.
SRIS, P.C. assigns a dedicated legal team to each client from the first meeting. We conduct an immediate independent investigation, often visiting the alleged scene. We secure and review all evidence, including police body camera footage, before the first hearing. Our approach is proactive, not reactive. We fight the charge on every possible front, from suppression motions to trial. You need this level of commitment for a felony gun charge.
Localized FAQs for a Felon in Possession Charge in Prince George’s County
What should I do if I’m arrested for felon in possession in Prince George’s County?
Remain silent and ask for a lawyer immediately. Do not discuss the case or your prior record with anyone. Contact SRIS, P.C. as soon as possible to begin building your defense. We will guide you through the bail process and initial hearings.
How long does a felon in possession case take in Prince George’s County?
A direct case can resolve in 6-9 months. Complex cases with motions or a Circuit Court trial can take over a year. The timeline depends on court scheduling and the defense strategy employed. Your lawyer will provide a realistic estimate based on your charges.
Can a felon in possession charge be reduced or dismissed?
Yes, charges can be reduced or dismissed through pre-trial motions or negotiations. Success depends on the evidence and the strength of your defense. Common paths include suppressing illegal evidence or challenging the state’s proof of possession. An aggressive legal strategy is essential.
Will I go to jail for a first-time felon in possession charge?
Jail time is a strong possibility, but not an absolute certainty. The judge considers the facts, your record, and the sentencing guidelines. A strong defense can argue for probation or alternative sentencing. The goal is to present reasons why incarceration is not necessary.
What is the difference between state and federal charges for this offense?
State charges are filed in Prince George’s County court under Maryland law. Federal charges are filed in U.S. District Court under federal law, which often carries longer sentences. You can be charged in both systems for the same act. You need a firm like SRIS, P.C. that handles both.
Proximity, CTA & Disclaimer
Our Prince George’s County legal team is strategically positioned to serve clients throughout the county. We are familiar with the courthouses in Upper Marlboro and the practices of local law enforcement. Consultation by appointment. Call 301-637-5392. 24/7. We provide direct, focused defense for individuals facing serious firearm charges. Do not face this alone.
Past results do not predict future outcomes.