Carrying a Concealed Weapon Attorneys
Expert Michigan CCW Defense
If you are accused of possession of a concealed weapon, you need a law firm that has a lot of experience getting good results defending all types of weapons charges. The trial team at Kronzek and Cronkright, PLLC, knows how to protect you from conviction-hungry prosecutors that like to tack on gun charges in criminal cases whenever possible. If you need help from one of our NRA referral attorneys, or criminal defense attorneys, call (866) 766-5245.
Carrying a Concealed Weapon (CCW)
It is unlawful for a person to knowingly carry a concealed firearm or other dangerous weapon on one’s person or in a vehicle. The exception is that this is permissible in the individual’s house, business, or on other owned land.
What is a Concealed Weapon?
Besides guns or pistols, there are a number of other weapons that are prohibited here. These include a dirk; dagger; stiletto; double-edged nonfolding instrument of any length—commonly referred to as a dangerous stabbing weapon; and any other dangerous weapon as defined by law.
Exceptions to the Michigan CCW Law
There are some notable exceptions to what are considered a gun or a dangerous weapon here. Examples include a hunting knife, a BB gun; and an antique firearms. There is even an inoperable firearm defense. A word of caution is appropriate, here. This is not a complete list, and it is always necessary to know the statutory definition for the particular weapon or device. For example, your understanding of what a hunting knife is or what an inoperable firearm is. You should work closely with a knowledgable attorney before you make a decision to intentionally carry a weapon.
What if the Weapon in not Concealed?
Under Michigan law, a concealed pistol generally does not have to be completely hidden to be considered concealed. The weapon is considered concealed if it is not readily seen by others in the normal course of daily activities.
Penalties for CCW
A person in violation of Michigan CCW law may be charged with a felony with a maximum penalty of 5 years in prison, or by a fine up to $2,500.00. However, you should consider the fact that there are many firearms regulations on the Michigan books. It is very common for a person to be charged with multiple weapons related charges at the same time. For example:
- Use of a Firearm During the Commission of a Felony
- Felon in Possession of a Firearm
- CPL violations
- Assault with a Dangerous Weapon
When is it Legal to Carry a Firearm?
A concealed pistol license (CPL) allows a person to legally carry a loaded handgun for protection. However, a person must meet certain requirements for obtaining the license.
However, even if you are licensed to carry a concealed firearm, there are specific places where this is banned. This includes schools, day care centers, churches, stadiums, bars, hospitals, etc. Penalties for violations can include fines and possible jail time.
How Do We Defend a Carrying a Dangerous Weapon Charge?
Generally, a dangerous weapon is defined as any object that is utilized in a way that is likely to cause death or serious physical injury. This is kind of a catch-all category, as most of the dangerous weapons per se have their own definitions.
What determines if an object is a dangerous weapon is the way it is used or intended to be used in an assault. If the object is utilized in a way likely to cause death or serious physical injury, then it is a dangerous weapon.
Some weapons are dangerous because are designed to be so, and others are not dangerous unless turned to such a purpose. The character of a dangerous weapon attaches by adoption when used against another person as part of an assault. The purpose is evidenced by this act. In essence, a dangerous weapon could be any concealed item that the carrier utilized—or carried for the purpose of utilizing—as a weapon for defense or bodily assault.
At trial, if it is given that an object could be used as a dangerous weapon, then the jury would determine whether, in fact, the object was being used in a dangerous manner. So by showing a defendant lacked the intent of using the object as a weapon can lead to the charges being reduced or completely dismissed.
A Refreshing Approach to Criminal Defense
Every case is different, so we refuse to adopt cookie cutter defense strategies. We offer a free case evaluations with our aggressive criminal defense team. We offer individually-tailored defenses that fit your facts and circumstances. This is just the kind of criminal defense you need if you are going to have a good result to your case.
The starting point in developing your defense is to listen carefully to your story. This is why we spend a lot of time with our clients. We believe in working with you and not just for you. We win trials because we carefully prepare.
The Elements of a Successful Defense Team:
In most instances, good results (such as “Not Guilty” verdicts) don’t happen by accident. We find that most of our trial successes have these things in common:
- Our client considers himself part of the trial team. This means we roll up our sleeves and work on the case together.
- Our attorneys are well prepared for trial. Unfortunately, many attorneys are not. We insist on preparing of trial. Even if a case settles with a plea negotiation, there is likely to be a better result when the attorney is prepared.
- We understand your story. This seems simple but you would be surprised how many times attorneys go to trial without really understanding the facts of the case. We routinely tell our clients that we can’t go it alone. We know the law, but you know the fact of the case better than anyone. We need to work together.
Our attorneys have excellent courtroom skills, but no defense is complete unless we spend time with you, listen to your ideas, and listen to your version of events. Welcome to the team!
CALL (866) 766-5245