Weapons Defense
Kevin Kennedy, Weapons Attorney
As a former prosecutor for three years, Kevin prosecuted hundreds of weapon-related offenses. He understands the unique challenges such cases present for the prosecution and what prosecutors consider in deciding whether to dismiss the charge, reduce it, or offer a favorable plea.
Under Tennessee law, weapon charges carry serious consequences, including years of mandatory imprisonment on some offenses. Additionally, such charges are sometimes prosecuted by both the state and Federal Government. If you are facing a weapons charge, call Nashville Weapons Attorney Kevin Kennedy to schedule a free, confidential consultation.
Common Types of Gun Charges and Penalties
Below are some of the most common gun charges that individuals arrested in Nashville often face.
Felon in Possession of a Weapon
The exact nature of this charge depends on your prior felony record. For example, if your prior felony was for a drug offense, this charge becomes a C Felony, punishable by up to 15 years imprisonment. If your prior felony is listed by Tennessee Law as a “dangerous felony,” then this is charged as a B Felony, punishable by up to 30 years imprisonment. If your prior felony does not fit into any of those two categories, this charge is an E Felony, punishable by up to 6 years imprisonment.
Possession of a Weapon While Intoxicated
To prove this charge, prosecutors must prove that you were intoxicated and that you knowingly possessed a weapon. An experienced defense attorney should explore all avenues to challenge both of these elements. This charge is an A Misdemeanor punishable by up to 11 months, 29 days imprisonment.
Employing or Possessing a Weapon During a Dangerous Felony
Tennessee enumerates certain felonies as “dangerous felonies.” If you possess or use a gun during any of these listed felonies, you will be charged with Employing or Possessing a Weapon During a Dangerous Felony. One “dangerous felony” is possession of drugs with the intent to sell. Thus, when police arrest somebody for dealing drugs, they often add this weapons charge if they find any weapons in your vicinity.
Employing or Possessing a Weapon During a Dangerous Felony is a felony offense and carries extremely serious consequences, including a mandatory number of years in prison—how many years depends on your criminal history. Additionally, the sentence on the weapons charge must run consecutive to your sentence on the underlying felony.
How Does Weapons Attorney Kevin Kennedy Defend Weapons Charges?
The exact defense strategy used depends on the unique facts of your case. However, there are a few common defense strategies.
Challenge Possession
For the prosecution to make their case, they’ll need to prove that you knowingly possessed the gun. For example, if the gun was not visible to you when you were arrested—such as if you were driving a car with other passengers and the gun was on the floor of the backseat—that weakens the prosecution’s case. We carefully examine the bodyworn camera and any police reports to evaluate whether the prosecution has enough evidence to prove you knowingly possessed a weapon.
Challenge Any Stops and Searches
If the gun was found in a car, police need probable cause to stop your car and search your vehicle. We carefully pore over the bodyworn camera footage, police reports and evidence to search for any police misconduct that could result in the suppression of the gun. If any misconduct exists, we file and litigate motions to suppress the evidence. Additionally, some searches require a warrant. We examine if this was the case, evaluate whether the warrant was valid and seek to suppress the fruits of any invalid search warrants.
Challenge Whether You Were Intoxicated—For Possession of Weapon While Under the Influence Charge
For the prosecution to prove this charge, they must prove your intoxication beyond a reasonable doubt. Mere officer testimony that you “seemed” intoxicated—absent any strong indicators of intoxication such as a car crash, blood, or breathalyzer result—is often not enough. Kevin evaluates the strength of the prosecution’s case by thoroughly reviewing every piece of evidence, including bodyworn camera footage, police reports and lab reports.
Negotiate with the state and/or Federal Prosecutor
In negotiating a favorable deal with the prosecution, it is critical to prepare the case as though it is proceeding to trial, which means identifying weaknesses in the prosecution’s case. It is also important to present you in a favorable light to the prosecution. That means collecting character evidence and bringing to light your positive behavior, such as full-time employment, community involvement and family roles.
Gun charges are also unique in that they are commonly prosecuted by the state and Federal government, meaning you might be in a position where you are facing state and federal charges for the same offense. As a former state prosecutor, Kevin frequently worked with federal prosecutors when he was prosecuting the same offense as the federal government was. Accordingly, he understands how state and Federal prosecutors collaborate on these charges and how that affects what negotiation approaches are most effective.