In this ever-evolving legal field, law enforcement officers are held to a high standard of proof. When facing weapons charges, we will typically question the facts of the charge, including:
- Was the firearm in working order?
- Was it constructive possession or actual possession?
- Can the officer prove that the item is truly a firearm?
In our criminal defense practice center, it is of direct benefit to our clients that we stay abreast of any changes in legislation. We ensure that the burden of proof remains squarely on the Commonwealth while vigorously fighting to protect your freedom.
Besides the amendments over the years that have given the Felony Firearms Act even more power, a related but even more stringent statute exists under federal law. The “Armed Career Criminal Act” imposes a minimum of 15 years imprisonment for individuals convicted of firearm possession when they have three underlying state or federal convictions for serious drug offenses or violent felonies. However, there is an exception in this statute that does not count towards a person’s past felonies any convictions that have been expunged from a person’s record, unless their expungement contained a specific provision to the contrary.