Recent Victories
Weapons Charges We Defend Against
Our Kalamazoo weapons charges lawyers offer a full range of legal services for addressing weapons-related offenses in state and federal courts across Southwest Michigan.
Michigan Weapons Laws and Penalties
The penalties for weapons offenses in Michigan vary based on the type of offense, the accused’s prior record, and whether the charge is enhanced by other alleged criminal conduct. Here are some of the potential consequences:
Carrying a Concealed Weapon
- Without a license: Felony; up to five years in prison, $2,500 fine
- In a prohibited location with a valid license: Misdemeanor; up to 90 days or civil infraction, depending on the location
- Third and subsequent violations: Felony subject to enhanced penalties
Felon in Possession of a Firearm
- State violation: Felony; up to five years in prison, $5,000 fine
- Federal violation: Up to 10 years in federal prison, $250,000 fine; significantly enhanced for those with qualifying prior convictions
Felony Firearm
- Mandatory two years in prison, consecutive to any other sentence
- Mandatory five years consecutive for second offense; mandatory 10 years consecutive for third or subsequent offense
- No possibility of probation, suspension, or early parole
Brandishing a Firearm
- Misdemeanor; up to 90 days in jail, $100 fine, possible CPL revocation
Possession of a Stolen Firearm
- Felony; up to 10 years in prison, $5,000 fine
Federal Firearms Trafficking
- Up to 15 years in federal prison per count
- Up to 25 years if the buyer is a prohibited person or the firearm was used in a violent crime
Enhancement Factors That Increase Penalties
- Prior felony or weapons convictions
- Possession during the commission of another felony
- Possession near a school or other protected location
- Using or discharging the weapon during an alleged offense
- Involving a minor in the offense
Collateral Consequences Beyond Criminal Penalties
A weapons conviction can reach further than many people expect. You might suffer negative impacts in the following areas.
A felony weapons conviction (as well as many misdemeanor domestic violence convictions) results in the permanent loss of one’s right to possess firearms. Restoration is possible in limited circumstances, but it requires a separate legal process.
Weapons convictions can impose significant barriers to employment in fields like law enforcement, security, healthcare, education, and government. Many private employers also screen for firearms offenses specifically.
Certain licensed professions require reporting of felony convictions to licensing boards. A weapons charge can trigger a disciplinary investigation regardless of the outcome of the criminal case.
Firearms violations can constitute crimes of violence or moral turpitude under federal immigration law, with serious consequences for non-citizens, including deportation and bars to naturalization.
In Michigan, a conviction for a weapons offense or certain other crimes results in automatic revocation of a Concealed Pistol License, with a mandatory waiting period before application for reinstatement.
Protecting Your Constitutional Rights
Most weapons charges are built on evidence gathered during a stop, search, or interrogation. As a result, this evidence is often vulnerable to constitutional challenges.
Fourth Amendment Rights
Weapons charges frequently arise from traffic stops, home searches, and pat-downs. Strict constitutional rules govern each of those encounters. When officers skip steps or stretch legal standards to justify what they want to do, we file suppression motions to exclude the evidence they obtain. Without the weapon as evidence, most weapons charges can’t proceed.
Second Amendment Considerations
Michigan and federal courts continue to interpret the scope of Second Amendment protections in light of recent Supreme Court decisions. Where statutory restrictions are constitutionally questionable as regards a specific client's situation, we challenge charges or demand more appropriate penalties.
Miranda Rights
Any statements a detainee makes during an interrogation without proper Miranda warnings being given can be suppressed. In weapons cases, admissions about ownership, knowledge, or intent are often the prosecution's most valuable evidence.
Our attorneys will evaluate what was said, when, and under what circumstances before the prosecution tries to use your words against you.
Possible Defense Strategies in Weapons Cases
The right defense strategy depends on the charge, the available evidence, and how the investigation was conducted. Your lawyer might take any of the following approaches.
Questioning the Legality of the Stop or Search
If the initial stop that led to the discovery of a weapon was unconstitutional, everything that came after can be thrown out. We’ll review the officer's stated reason for the stop and whether consent (if given) was truly voluntary.
Contesting Possession
Possession in a legal sense requires more than physical proximity to a weapon. When a firearm is found in a shared vehicle, a common area of a home, or near multiple people, the prosecution must demonstrate that you specifically possessed it. Our strategy may focus on forcing the prosecution to prove actual knowledge and control.
Challenging the Prior Conviction
In felon-in-possession cases, the predicate felony conviction is a core element of the offense. If that conviction was obtained in violation of your constitutional rights, was for a crime that no longer qualifies as a predicate, or is subject to expungement, we can push back against its use as the basis for the current charge.
Self-Defense and Lawful Use
Michigan law recognizes the right to possess and use a firearm in self-defense or defense of others. Our legal team will present the full factual context and raise lawful use as a defense if your weapons charge stemmed from a situation where you were protecting yourself or someone else from harm.
Negotiated Resolutions
Not every case is best resolved at trial. When the evidence is strong or the sentencing risk is high, we attempt to negotiate for reduced charges that preserve the client’s gun rights, avoid mandatory minimums, and minimize the long-term consequences. We advise clients honestly about the tradeoffs, and the final decision is always theirs.
Meet Our Weapons Defense Team
The efforts of our three attorneys are backed up by a full support team. When you choose Markou | Montague | Levine Defense, you’ll have access to a group of talented legal professionals who all know your case and are working toward the same outcome.
Anastase Markou
30+ Years of Criminal Defense
Sarissa K. Montague
18+ Years of Criminal Defense
Randall S. Levine
45+ Years of Criminal Defense
Our journey began in 1987, and since then, we have evolved to protect our clients' future, securing the best possible outcomes. We prioritize: custom strategies for every case, clear communication, and personalized attention.
What Our Clients Say About Us
Areas We Serve
Based in Kalamazoo, our criminal defense team serves clients throughout Southwest Michigan:
Primary Counties:
- Kalamazoo County
- Van Buren County
- Allegan County
- Barry County
- Calhoun County
- St. Joseph County
- Branch County
- Cass County
- Berrien County
- and surrounding communities
Michigan Statewide Services:
- Driver's License Restoration (throughout Michigan)
- Professional Licensing Defense (throughout Michigan)
Your Future Is Worth Fighting For
Weapons cases tend to move fast, and the mandatory sentencing provisions leave little room for error. Every decision you make is therefore critical, starting with who you call first.
Don't face a weapons charge without the tenacious legal representation you deserve. Contact Markou | Montague | Levine Defense now for a free, confidential consultation with a Kalamazoo weapons charges attorney.
Frequently Asked Questions About Theft Charges
Exercise your right to remain silent and ask for an attorney immediately. Even a truthful account of the circumstances can create problems if it's incomplete or mischaracterized. Your best bet is to wait until you have legal counsel present before telling your side of the story.
A felony conviction under Michigan or federal law will result in the loss of the individual’s right to possess firearms. Certain misdemeanor convictions, including domestic violence, also prompt a federal firearms prohibition. However, restoration is possible in limited circumstances through a separate petition process.
Michigan's felony firearm statute adds a mandatory two-year consecutive sentence whenever a defendant is found to have used or possessed a firearm during the commission of a felony. This sentence can’t be suspended, reduced, or served concurrently — it goes on top of any other sentence you receive.
Yes. Many weapons charges are dismissed or reduced due to unconstitutional stops or searches, contested possession, or insufficient proof of the required mental state. Getting our attorneys involved early will give us the best chance to identify those issues before prosecutors can strengthen their case.
Firearms violations can be grounds for deportation, denial of adjustment of status (getting your green card), and barring naturalization for non-citizens. For clients of foreign origin, we factor potential immigration impacts into every case decision from the very start.