Felony Firearm Defense

The penalty for a felony firearm conviction is a mandatory 2 years (or 5 years for second offense) imprisonment consecutive to, or served before, the term of imprisonment imposed for the underlying felony or attempted felony conviction. The crime is established when you carry or have in your possession a firearm at the time a felony is committed or attempted to be committed. A third party can be convicted of aiding and abetting a Felony Firearm charge, if the person procured, counseled, or assisted the accomplice in obtaining or retaining possession of the firearm.

The Michigan statute specifically states the following:

MCL 750.227b Carrying or possessing firearm when committing or attempting to commit felony; “law enforcement officer” defined.

(1) A person who carries or has in his or her possession a firearm when he or she commits or attempts to commit a felony, except a violation of section 223, section 227, 227a or 230, is guilty of a felony, and shall be imprisoned for 2 years. Upon a second conviction under this section, the person shall be imprisoned for 5 years. Upon a third or subsequent conviction under this subsection, the person shall be imprisoned for 10 years.

(2) A term of imprisonment prescribed by this section is in addition to the sentence imposed for the conviction of the felony or the attempt to commit the felony, and shall be served consecutively with and preceding any term of imprisonment imposed for the conviction of the felony or attempt to commit the felony.

(3) A term of imprisonment imposed under this section shall not be suspended. The person subject to the sentence mandated by this section is not eligible for parole or probation during the mandatory term imposed pursuant to subsection (1).

(4) This section does not apply to a law enforcement officer who is authorized to carry a firearm while in the official performance of his or her duties, and who is in the performance of those duties. As used in this subsection, “law enforcement officer” means a person who is regularly employed as a member of a duly authorized police agency or other organization of the United States, this state, or a city, county, township, or village of this state, and who is responsible for the prevention and detection of crime and the enforcement of the general criminal laws of this state.

Contact attorney Joseph Cross direct at (877) OWI-LAWS to learn what avenues of defense or plea bargain may be available to you. You can also complete our Free Online Case Review and Mr. Cross will contact you.

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