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Felon With A Firearm
Felon With A Firearm: What You Must Know
If you’re on this website, it’s likely because you or a loved one is being accused of possessing a firearm despite a prior felony – which can be very legally speaking. At Spodek Law Group, we understand that—and take this very seriously. Our goal is to provide you the best possible legal help at all stages of your case. We have over 50 years of combined experience—and we’ve handled some of the toughest legal issues nationwide. Regardless of where your case is in the USA—or the stage you’re at—we can help you. Here’s what you need to know about defending against a “Felon With a Firearm” charge—and how our criminal lawyers step in to assist.
What Makes This Charge So Serious
When the government alleges you violated 18 U.S.C. § 922(g)(1)—they’re claiming you possessed a firearm after a felony conviction. This can lead to federal penalties, which are typically more serious than state-level consequences. If you’re also dealing with local prosecutors, you might have questions about double jeopardy. However, the “separate sovereigns” doctrine often allows federal authorities to pursue charges—even if the state has prosecuted you already. In these situations, it’s important to have a criminal defense attorney who understands – both state and federal rules of procedure.
Your Prior Conviction: How It Plays Into Sentencing
If your prior conviction was for a violent or weapon-related felony, prosecutors might argue for enhanced sentencing—sometimes leading to mandatory minimums. At Spodek Law Group, we know how serious these enhancements can be. Our approach is to review your previous conviction thoroughly—confirm it was legally valid—and see if the prosecution can lawfully rely on it. Sometimes, we discover procedural errors or issues with record-keeping that might invalidate or reduce the impact of your prior felony. Our only objective is to get the case against you dismissed, or significantly diminished.
Defense Strategies: Real Situations and How We Address Them
We believe every client deserves a nuanced strategy. No cookie cutter approach is allowed. Below is an overview of the most common defenses we look at—and how they can affect your case:
Defense Strategy | What It Means | Potential Outcome |
---|---|---|
Unlawful Search and Seizure | If law enforcement found the firearm through an illegal search, we move to get that evidence dismissed. | Charges dropped or drastically reduced |
Constructive Possession Defense | We argue you never actually exercised control or knowledge of the firearm. | Case dismissed if the government can’t prove possession |
Invalid Prior Conviction | We examine the prior felony to see if it was validly used or properly introduced. | Possible removal of the “felon” element or reduction in charges |
Entrapment by Law Enforcement | We show you were induced to commit an offense you otherwise wouldn’t commit. | Basis for dismissal or leverage in a plea negotiation |
Mistaken Identity | We highlight possible errors in how you were identified or confusion at the scene. | Dismissal if you weren’t the person involved |
In many cases, a firearm is discovered in a shared apartment or vehicle. Our attorneys focus on ownership, knowledge, and control. Sometimes, the weapon belongs to someone else—and you’ve been wrongfully blamed. If officers searched your home without a proper warrant, we work to get that improper evidence dismissed. We focus on only working with clients we can truly help—and we fight for them at every stage.
Federal Guidelines and How We Achieve Results
Federal sentencing guidelines can be serious—especially if the prosecution claims you had in your possession a loaded weapon or multiple firearms. We look for ways to reduce the sentencing range, such as looking for mitigating factors or showing that the government calculated your criminal history incorrectly. Our attorneys have experience negotiating with the U.S. Attorney’s Office—and we’re prepared to go to trial if needed. Regardless of where your case is in the USA, we focus on getting the charges dismissed or significantly diminished.
Roleplaying Various Scenarios and Outcomes
Imagine a scenario where you’re stopped for a traffic infraction, and an officer sees a gun in the back seat. We ask whether the officer had a proper basis to search your vehicle. If there was no probable cause—we move to have that evidence dismissed. Alternatively, if the gun was found during a federal raid that targeted someone else’s activities, we examine whether you were caught up in the circumstances. Our attorneys examine every detail to determine if the government’s claims lack evidence and should be thrown out entirely.
Our Hands-On Approach
At Spodek Law Group, we don’t operate as a “mill” law firm that takes on every single client. We focus on working with clients we believe we can truly help—that’s how we maintain our success rate. Once you reach out, we begin with a risk-free consultation—in person or over the phone—where we encourage you to ask any question you have. We also use an online digital portal that makes it simple to submit documents securely and communicate with our team. This allows us to address your case quickly—which is critical when prosecutors are pushing hard.
How We Use Federal Case Law
When it comes to federal firearm charges, there’s extensive case law on defining “possession.” Some courts have held that simply being near a weapon does not automatically prove you controlled it. Our attorneys rely on their many years of nationwide experience—ensuring you get the full benefit of existing legal options. We stay current on new developments and federal court rulings, because these details can shift how your case is handled and whether key evidence is admitted.
Why Spodek Law Group
Our managing partner, Todd Spodek, is a second-generation criminal defense attorney. He has years of experience handling complex and high-profile cases—including those that garnered national media coverage. He’s been featured on major outlets like NYPost and Fox 5. Our entire team is recognized as a top-rated state and federal criminal defense law firm—and we focus on only working with clients we can truly help. We’re available 24/7, and our clients trust us because we strive to keep them informed at every stage, with no surprises. Our objective is always to get the case against you dismissed, or significantly diminished.