CCE and felony firearms charges
2016/7/22 9:09:03
Question
QUESTION: Please note - this happened two years ago but it has been bugging me. Can a person who holds a CCW in Michigan be tried for felony firearms if he displays his weapon in self defense?
ANSWER: Depends on the law he was charged with and what the circumstances are.
---------- FOLLOW-UP ----------
QUESTION: In brief - he was approached by three men who threatened him. He displayed is weapon but did not discharge it. The three men contacted police and he was arrested and charged with felony firearms and felonious assault. Later, the firearms charge was dropped. His attorney (who we later discovered - had no experience with this type of matter - displayed an attitude that he was already guilty) claimed that his work got the FF charge dropped. In the end, he now has a felony record for felonious assault and performed 90 days of service on the Detroit work force program. After retaining this attorney, we could not afford to fire him and retain another attorney but in researching and asking for free legal advise - I can't help but remember the words that a well known Detroit attorney said "How can he be up against FF charges if he was registered to carry?" In all of my research during that time, the simple things never entered my mind......I was digging deep instead of just looking on the surface. I know we probably can't change anything now but it has bothered me for two years so I thought Id look into how things could have been.
Answer
Well, since I still don't know all the facts, I can only guess, but if he is authorized to carry and he was carrying the in good faith with his permit, then no intent existed so no jury would convict and most judges should not even let it go to a jury. As for the Felony assault, it sounds like he took a plea deal and plead to a lower sentence. A common trick for City Attorney's/District Attorneys, so they can clear the books and get their conviction stats up.
Factors that would have been considered by the jury, judges and attorneys would have been, who was the primary aggressor, who was more believable (one guy or three guys), 3 guys had witnesses, not sure if the one guy had any, was the incident avoidable, could the guy with gun have left and avoided it, did he display the gun too quickly, could he show a real believable fear for his safety, was their a real threat, who called the police, why didn't the guy that was threatened call the police, did any of the parties have prior criminal records and many things, that only the a few people had, you may not know all the facts, your attorney should have done a discovery motion to get all statements and evidence so you would know the entire story before deciding to make a plea deal.
In some states, if you convicted of a felony and never did a day in prison (different than jail) then it can be reduced to a misdemeanor. The squeaky wheel gets the oil. If you make enough noise, there is a way to get this dropped to a misdemeanor. However, if the cops know the gun carrying guy, have a belief about him that is negative, does not think he should be carrying a gun, then they will fight and block this, but again, if you get the right people behind you and put up enough of a fight, you can get the conviction reduced or correct. However, two years is a little long so the facts and witnesses may be gone or harder to find.
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