While the charges are not yet finalized, the Marion County Sheriff’s office shows that the victim was booked under Felony 5 Possession of a Handgun without a License charges. He is also charged with theft.
The crime of possessing a handgun without a licence is normally a misdemeanor, punishable with a maximum time in jail of one (1) year. The charge can be a Level 5 felony, such as the case here, if the person being charged with the crime of Possession of a Handgun Without a License has had a previous conviction for the same crime, had a prior felony conviction within fifteen years of the time the person is charged, or possessed the handgun handgun within 500 feet of a school. A Level 5 felony is punishable with a maximum time in jail of six (6) years.
In some circumstances, possession of a handgun can result in even more serious charges. If a person has already been declared a serious violent felon and that person is charged with possession of a handgun, the charge will likely be a Level 4 felony charge, punishable with a maximum time in jail of twelve (12) years. If the defendant commits a controlled substance offense while in possession of a firearm, an additional term of up to five (5) years may be added. If a silencer is involved, it can add up to twenty (20) years.
So if a person is charged with possession of a handgun, how can a person fight it? The best and easiest Defense is that the handgun is not a firearm – it doesn’t use an explosion to expel a projectile (think pellet gun). The next best defense is that the person charged did not possess the handgun. This defense is not going to be terribly successful if the handgun was found in the person’s pocket or waistband. But if a person has been charged with possession of a handgun and the handgun was not on the person (think under the seat of a car or in a closet at a house) then the defense of “I didn’t possess it” is a fantastic defense. While it’s still possible for the State to prevail in these circumstances, juries generally dislike “constructive” possession arguments.
Handguns are serious business in Indiana. If you or a loved one are facing handgun charges, call (317) 632-3642 and speak to the Attorneys at the Marc Lopez Law Firm. Or contact us by email.