People convicted of felony crimes are often prohibited from owning weapons, and if they are stopped with guns in their possession, they can face criminal charges. Weapons crimes, like many offenses, often require the prosecution to establish the defendant’s intent. Thus, if the State cannot show that defendant knew it was illegal to possess a weapon, it should not be able to obtain a conviction for the crime of being a felon in possession of a firearm. This was demonstrated in a recent Washington opinion in which the court explained what the prosecution must prove with regard to the defendant’s mental status to establish guilt in weapons cases. If you are charged with unlawful possession of a firearm, it is prudent to meet with a Washington gun crime defense lawyer to assess your options.
The Defendant’s Arrest
It is alleged that the defendant has a storied criminal past, including convictions for multiple felonies. In 2011, an anonymous source advised a federal agent that the defendant possessed weapons and was selling drugs out of his home. As the defendant was on probation, the agent contacted a State corrections officer who conducted a probation search of the defendant’s home. The search revealed two guns, ammunition, and other weapons paraphernalia.
It is reported that the defendant was arrested and charged with being a felon in possession of a firearm in violation of federal law and other crimes. He was convicted on all counts, after which he filed numerous appeals. Continue reading