Defending Clients Charged with Firearms In Nashville And Nationwide
For convicted felons, federal charges alleging possession of a firearm or ammunition pursuant to 18 U.S.C. §922(g) are extremely serious, and carry harsh penalties. Even seemingly minor and harmless circumstances involving felons and guns can result in up to 10 years of prison time. When persons charged as a felon in possession have prior convictions for certain crimes of violence or serious drug offenses, the Armed Career Criminal Act often causes that potential jail time to jump to 15 years to life in prison.
18 U.S.C. §922(g) forbids the use or possession of a “firearm” (which is defined to include a destructive device) by a person who is a “prohibited person.” The possession of the firearm can be “actual” possession or “constructive” possession (meaning you never actually touched the firearm but had the ability to do so). The list of prohibited people as defined by 18 U.S.C §922(g) includes: (1) a felon; (2) a fugitive from justice; (3) an unlawful user or addict to any controlled substance; (4) a person “adjudicated as a mental defective” or committed to a mental institution; (5) an illegal alien; (6) a person dishonorably discharged from the military; (7) a person who renounced U.S. citizenship; (8) a person subject to an order of protection or restraining order; or, (9) a person with a misdemeanor domestic violence conviction.
Often, circumstances involving charges of possession of a firearm or ammunition by a “prohibited person” are harmless and unintentional. Perhaps, your friend or partner failed to tell you there was a registered gun in his or her glove compartment when you were left alone in a car. Perhaps, you cleaned a friend’s gun as a favor, and were left alone with it. Or perhaps, the person you live with didn’t lock the gun safe, leaving you alone with an array of hunting weapons or bullets that you have never even handled. Or perhaps, you used your friend’s firearm in an emergency to defend your own life or the life of another person, and although that action was life-saving, you now find yourself charged with the possession of that firearm.
Unfortunately, innocent-seeming circumstances involving weapons can lead to serious weapons charges that can have life-altering consequences.
Do not assume that your felony conviction will “fall off” your record after a long period of time passes or that with enough passing time, your status as a “prohibited person” will change. Without intervening action, such as a legal expungement or pardon, you will remain a prohibited person for your entire life.
Focused, Experienced Defense Against Weapons Charges
The Law Office of Kimberly S. Hodde has successfully represented numerous felons and other “prohibited persons” charged with possession of a firearm or ammunition. Based in Nashville, Ms. Hodde defends clients throughout Middle Tennessee and across the country.
Kim Hodde devotes her law practice exclusively to criminal defense and is experienced both in the range of legal defenses available in weapons charges and the investigation that is often needed to mount an effective defense. Ms. Hodde limits the cases she accepts, allowing the firm the time needed to conduct a diligent and creative legal defense for weapons possessions charges.
If you have questions regarding felon in possession of a firearm or ammunition charges, contact Hodde & Associates. Kimberly S. Hodde can be available for evening and weekend appointments. Ms. Hodde is mindful that you may not have budgeted for funding your defense; so, under some circumstances, she will work with defendants and/or their families on a reasonable payment plan. The firm is conveniently located in a freestanding building on Music Row, just one mile from the federal courthouse with an abundance of free parking. Contact us at 615-242-4200.