If you were charged with possessing a firearm by a felon, a top-rated criminal defense lawyer can be a lifesaver. Under Indiana law, a serious violent felon possessing a gun is a Level 4 felony with two to 12 years in prison possible. These are severe potential consequences that can destroy your future.
The firearms charges are alarming, but the prosecutor must prove your guilt beyond a reasonable doubt. A seasoned Indiana gun crimes attorney will protect your legal rights and work diligently to get your case dismissed or the charges reduced. Please speak to our criminal defense attorneys today in a free consultation. Our gun crime law office attorneys were named to the Super Lawyers Rising Star List in 2018, 2019, and 2020. We will defend your constitutional rights against serious gun charges.
Understanding Firearm Possession Laws in Indiana
In Indiana, gun laws are intended to keep them out of the hands of certain people. If you’re a convicted felon, understanding state and federal gun laws is critical to avoid serious legal trouble. Possessing a firearm as a felon could put you behind bars fast.
Under Indiana Code 35-47-4-5, it is against the law for a serious violent felon to intentionally possess or knowingly possess a gun. A serious violent felon is a person who has been convicted for a serious felony, including murder, voluntary manslaughter, robbery, rape, or aggravated battery.
It can be a rifle, shotgun, or handgun. Possessing a firearm is illegal if you are a serious violent felon. You could be sentenced to up to 12 years on a Level 4 felony. A standard advisory sentence is six years and a $10,000 fine. Our law office can explain further consequences of a felony conviction.
Facing criminal charges in Indianapolis?
Call our Indiana Criminal Defense attorney at (317) 676-4747 or fill out our online contact form today to schedule a free consultation!
What Is Possession Of A Firearm?
So, what counts in Indiana as possession of a firearm? Indiana recognizes two types. “Actual possession” is you holding the gun. “Constructive possession” is trickier; it’s when you have control or intent to control a firearm, even if it’s not on you. For example, maybe you have a pistol in your car’s console or under your bed. Courts look at proximity, access, and knowledge. If you’re in a shared house and didn’t know about your roommate’s gun, you might avoid the charge, but proving that’s on you.
An experienced criminal defense lawyer may argue in court that you were not in constructive possession or actual possession of a firearm. This common, robust defense strategy has worked for many prior clients charged with a firearm felony.
Defenses Against Firearm Possession Charges
Defending against gun charges as a felon in Indiana hinges on exploiting gaps in the prosecution’s case, whether under state law as a “serious violent felon” or federal law (18 U.S.C. § 922(g)(1)) as any felon. The charge is a Level 4 felony in Indiana, 2-12 years as a maximum penalty, up to $10,000 fine, or up to 10 years federally. So you need a strong defense for this Indiana felony charge:
Challenging Possession
First, your attorney may challenge gun charges and possession. Indiana requires proof that you “knowingly or intentionally” possessed the firearm. Actual possession (gun in your hand) is straightforward, but constructive possession (gun near you, under your control) is shakier. Was it in a shared car or house? You can argue lack of knowledge or intent if you didn’t know it was there, like a roommate’s stash. Courts look at proximity, access, and evidence, such as your fingerprints and statements.
Challenge The Traffic Stop Or Search
The Fourth Amendment protects against unreasonable searches. If police lacked probable cause or a warrant, like pulling you over for a “hunch” or raiding your place without justification, the gun evidence could be suppressed. Say they found it in your trunk after a bad stop; a motion to suppress might kill the case. Dashcam or bodycam footage can make or break this; cops mess up more than you’d think.
Contest Serious Violent Felon Status
Your felon status itself can be contested. Indiana’s SVF law lists specific crimes, especially violent ones. If your felony isn’t on that list, a drug or theft charge, you’re not an SVF, and the state charge fails. Federal law bans possession for any felony over a year, but you might slip through if your conviction was misclassified or expunged. Your violent felony may have been misclassified.
Timing Matters For Firearm Rights Restoration After A Felony Conviction
Timing and restoration matter. If your felony is old and expunged under Indiana’s Second Chance Law, you could argue restored rights, though federal law might still bite unless a pardon clears it. R
A skilled criminal defense attorney can explain the charges and their meaning in your circumstances and create a vigorous defense.
What are the penalties for firearm possession by a felon in Indiana?
Severe consequences are on the table if you are convicted. Under state law, you can receive two to 12 years in prison if you are a serious violent felon and knowingly and intentionally possess a firearm. You can be fined $10,000 for the felony; more prison time is possible for prior convictions for firearm possession.
Probation is possible for a first-time felony offender, but if you avoid jail, expect up to three years of probation with drug tests, fees, and strict rules.
Gun Rights and Restoration in Indiana
Indiana’s Second Chance Law offers a path to expunge convictions for a felony, potentially restoring state gun rights. Eligibility depends on the crime and sentence:
- Misdemeanors: 5 years post-conviction, no pending charges, all fines paid. Expungement wipes the slate; gun rights return automatically.
- Non-SVF Felonies: 8 years post-conviction, same conditions. Courts must grant expungement if you qualify—gun rights typically restore under state law.
- SVF Felonies: 10 years post-conviction. Expungement is discretionary; judges can deny it. Even if granted, the firearm ban often stays unless you petition separately to restore rights, showing “good cause,” such as a good record in jail or a good job available. Success is rare.
Finding the Right Firearm Possession Lawyer in Indiana
If you’re facing charges related to a felon possessing a firearm, it is vital to hire an experienced lawyer who understands Indiana’s complicated firearm laws.
Look for an Indiana gun crime attorney with experience handling gun crime cases and a proven track record of success over many years. Also, hire an attorney who is a former prosecutor from Indiana who understands how prosecutors think and how the legal crime system works in Indianapolis.
Contact an Indianapolis Gun Crime Lawyer
Were you charged with gun possession as a felon in Indiana? You could do serious jail time if you are a serious violent felon, so you should retain a skilled Indiana gun crimes attorney today to challenge your felony charge.
Our experienced criminal defense attorney at Gemma & Karimi will review your case carefully and decide how to build a formidable defense strategy against the felony charge. We have an impressive record of acquittals, successful appeals, and reduced consequences for many clients accused of felony gun crimes. Contact us today at (317) 602-5970 for an immediate legal consultation. Our criminal law team provides aggressive criminal defense in both federal and state court. We will fight so you are acquitted and can return to everyday life.
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