Felon in Possession of a Firearm Attorney

Utah has very favorable gun laws, but not everyone is entitled to own and carry a firearm. Utah law prohibits possession of a firearm by certain people. These individuals — called “interdicted” or “prohibited possessors” — include felons and people convicted of domestic violence.

Even in state court, gun charges are serious. Certain situations only make the penalties worse. These “enhancements” include the presence or use of drugs or gang activity.

I represent a wide range of people, including convicted felons, gun dealers and alleged illegal buyers. Many of my clients face gun charges in addition to other charges, including drug charges or criminal charges linked to gang activity.

When I consider the whole situation, I often discover that the crime is only part of the real problem. Life situations, including addictions to drugs and alcohol, can be large factors leading to the alleged commission of robbery, theft, and weapons crimes. I develop an effective defense strategy tailored to my clients’ unique situations and goals.

In some circumstances, I can have gun charges reduced or dismissed. I also seek to have clients acquitted of the charges they face. My hard work in a felon in possession cases – as well as my past experience as a judge – keeps convicted felons out of prison so that they can continue moving forward and rebuilding their lives after serving their initial sentences.

Understanding Felon in Possession of a Firearm Charges

Being charged as a felon in possession of a firearm is a serious offense under both federal and Utah state law. Under 18 U.S.C. § 922(g)(1), it is illegal for anyone convicted of a felony to possess a firearm or ammunition. Utah law also enforces strict penalties under Utah Code § 76-10-503, making it unlawful for convicted felons to own, possess, or control a firearm. A conviction can result in severe consequences, including prison time, hefty fines, and the loss of civil rights. If you are facing these charges, seeking an experienced felon in possession of firearm attorney is critical to protecting your future.

Both violent and non-violent felons can be charged with unlawful firearm possession. Many people assume that only individuals convicted of violent crimes fall under this restriction, but any felony conviction—including drug offenses, fraud, or white-collar crimes—can lead to a firearms prohibition. Even if the original felony conviction occurred years ago, the law still applies. In some cases, individuals may not even realize they are violating the law, making legal guidance from a skilled felon in possession of firearm attorney essential.

Possession of a firearm does not always mean that the weapon was physically on a person at the time of arrest. The law distinguishes between actual possession (when the firearm is directly on a person, such as in a pocket or holster) and constructive possession (when the firearm is in a location under the person’s control, such as a car or home). Even if a firearm belongs to someone else, a felon can still face charges if they had access to it. Because these cases often rely on circumstantial evidence, a knowledgeable felon in possession of firearm attorney can challenge the prosecution’s claims and fight for the best possible outcome.

Common Defenses for Felon in Possession of a Firearm Charges

Several legal defenses may apply in a felon in possession of a firearm case, depending on the circumstances. One of the most effective strategies is arguing lack of possession—if the firearm did not belong to the defendant or was not under their control, the prosecution may struggle to prove their case. Another powerful defense involves illegal search and seizure—if law enforcement violated Fourth Amendment rights by conducting an unlawful search, any evidence obtained may be suppressed in court. A skilled felon in possession of a firearm attorney will thoroughly analyze the details of the arrest to determine whether law enforcement followed proper procedures.

Additional defenses include mistaken identity or wrongful classification as a felon. If an individual was never convicted of a felony or was misidentified, the charge may not be valid. Additionally, if the prior conviction was expunged or pardoned, the firearms restriction may no longer apply. In these cases, a felon in possession of a firearm attorney can provide crucial legal assistance by presenting the necessary documentation to have the charges dismissed.

How a Criminal Defense Attorney Can Help

When facing felony firearm possession charges, having an experienced felon in possession of firearm attorney is essential. The right attorney will conduct a detailed case investigation, reviewing police reports, body camera footage, and search warrants to identify potential violations of rights. If law enforcement failed to follow proper procedures or if there is weak evidence, an attorney can argue for case dismissal or suppression of key evidence.

In some cases, negotiating a plea deal may be the best strategy. An attorney can work to reduce charges or seek alternative sentencing options such as probation, diversion programs, or firearm rights restoration. If the case proceeds to trial, a skilled felon in possession of firearm attorney will fight aggressively to challenge the prosecution’s case and seek the most favorable outcome. With your freedom and future at stake, having strong legal representation is crucial. Contact our office today for a confidential consultation and let us help you build a strong defense.

These Are Often Federal Charges In Salt Lake City

Restricted persons caught with guns face serious trouble — often in Federal Courts. Federal Courts often have power over the case (called jurisdiction) because it is likely that the gun originated in a state other than Utah, making it a federal matter.

In Federal Courts, people face long prison sentences if they are convicted. These sentences are determined according to federal sentencing guidelines, which give judges little discretion to lower the number of years to be served.

When I handle federal cases, I often try to have them removed to State Court where the penalties are more favorable. While I still seek to have charges dismissed or lowered to lesser offenses, my clients gain some assurance that there is less at stake.