What Happens if a Felon is Caught with a Gun in Wisconsin?

 Posted on February 22, 2023 in Gun Violations

The consequences of a conviction for committing a crime are generally restricted to the act of offering restitution, whether by paying fines, serving time in jail or prison, or completing acts of community service and probation. Other times, however, the consequences of a conviction lead to restrictions on behavior that are seemingly unrelated to the crime itself. Someone who has been convicted of any felony in Wisconsin faces an extreme example of this in the restriction of their Second Amendment rights. It is against the law for anyone convicted of a felony to possess a firearm in Wisconsin, and the penalties for doing so are severe. If you are facing charges for criminal gun possession and have a felony status, it is essential to retain an experienced, aggressive criminal defense lawyer right away.

Consequences For Felony Gun Possession

People are sometimes surprised to find themselves facing charges of a felon in possession of a firearm because they do not fully understand what constitutes “possession.” Does simply having a gun in your house count? What if you are staying at a friend's house, or a friend is staying at your house, and the friend has a gun? What if someone asks you to hold a gun for them, but you never intended to use the gun for anything? These are important questions and it is equally important to know the answers.

Knowingly having physical control of a gun - such as holding a gun in your hand or pocket for any reason - is possession. However, the law also recognizes something called “constructive possession,” which means that if someone has a gun in an area that he has control over, and he intended to exercise control over the gun, he could be charged with possession - even if he never touched the gun.

This means that if you are in a car, a house, or any other situation where there is a gun, and you are caught, the prosecutor has half the evidence they need to charge you with possession of a firearm. They just need to prove you knew about the gun and intended to control it. If someone caught in the car with you were to cut a deal with the prosecution and testify that you were on your way to use the gun, you could find yourself facing up to 10 years in prison and up to $10,000 in fines. It is essential, therefore, to avoid any situations in which you could be accused of possessing a gun and to be very aware of your surroundings at all times. If you are already facing charges of a felon in possession of a gun, get a criminal defense lawyer immediately.

Call a Milwaukee County, WI Gun Crimes Defense Lawyer

Get the criminal defense representation you need from the Jefferson County, WI gun crimes defense lawyer with Bucher Law Group, LLC. Our firm has experience, skill, and a firm commitment to defending your constitutional rights. Call 262-303-4916 today.

Source:

https://docs.legis.wisconsin.gov/document/statutes/941.29