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Arrested and false'ly accused,please help Weapons, Guns, Firearms

Discussion in 'Criminal Charges' started by bkgregory, Apr 27, 2011.

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  1. bkgregory

    bkgregory Law Topic Starter New Member

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    My husband was arrested back in Nov. 2010 .He was hunting on public land and was up in a tree stand when 3 men approached him cussing him because he was in their stand . He told them ok and he'd get down . Well he lowered his gun down which was a Black powder gun ..As he was getting down they took off and called game warden an the police. Husband went to the truck where police and game warden was waiting and arrested him. My husband is a convicted felon but that has been 13 yrs ago and has not been in any trouble what so ever . The police officer said they arrested him for having a gun . they take him to jail this is 9:00 am and he sits there all day tring to figure out what they were gonna charge him The sheiff came in and shook his hand and told him he was going home , that they had nothing on him.

    Well finally they decided to charge him with pointing a gun. Nothing was said about pointing a gun when I went to pick up our truck. The three guys said he pointed a gun at them. Now these guys went into the woods , not wearing hunting close. These guys are well known as bullys. My husbands would never point a gun at anyone. He is probably the most careful hunter out there , anyone that knows him will tell you.

    We live the simple life , he hunts and fishes, dont go to the bars or cause trouble. these three guys are always doing something , in fact one of them got aqrrested in Dec 2010 for hunting on private property without permission, spotlighting and shooting from his truck and has many other on his record. Anyway I will get to the point. We try to live our life right , my husband is a good man and one stupid mistake 13yrs ago has turned our wourld upside down. having a gun after a felony .....thought you could have a black powder. He didnt even have to bail out the Judge O R him out. He went to court yesterday and the Assitance DA made a plea offer Count 1 FP After Felony 5 yrs in DOC other: ......we amed to ???? Poss of a firearm after Felony count 2nd page, would carry R O P 4 to life. I dont understand ???? OH we do have a lawyer , paid him 2500.00 and we had to tell him about one of the guys getting in trouble. My husband is not gonna plead guilty for something he didnt do but yet we dont have 25000.00 to take it to jury trial. like I said this has turned our world all upside down , We spend every waking minute with our grandkids.. Is there anything we can do or is it a lost cause... We live in Wagoner , Wagoner county Our lawyer is the ex DA ... but he was under the guns before he left....there is so much about this story , its all a money thing .....thankyou for taking the time to read this
    Brenda Gregory
  2. army judge

    army judge Super Moderator

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    There is not one state in the United States where a convicted felon (doesn't matter what the felony was for or when it occurred) that allows a felon to possess, own, or use a firearm.

    There are some exceptions for certain non-violent felonies.

    But, you must take affirmative steps to receive the special dispensation.

    It is never automatic or without some effort on the felons part!

    I know you want to help, but it isn't wise to say that he has been doing this for a decade. :no:

    It would be better if he didn't mention that. :yes:

    By saying that he did this for years, it appears he was flaunting or ignoring the law!

    Yes, a black powder weapon, is considered a firearm, too.

    Your husband could plead not guilty and ask for a court appointed lawyer, if you can't afford the $25,000 fee.

    It won't help.

    This classification (or act of your hubby) is a strict liability crime.

    The concept of a strict liability crime is sometimes hard to understand. Here are some examples that may help clarify any confusion:

    * Statutory rape laws make it illegal for anyone to have sexual intercourse with a minor. This is a strict liability crime because even if the offender believed his/her partner was of legal, consenting age s/he is still guilty. In other words, you don't have to intend to have sexual intercourse with a minor and your mind set doesn't matter.

    * Selling alcohol to minors is a strict liability crime because a person who sells alcohol to minors can be convicted even if s/he believed the minors were old enough to buy alcohol.

    * A convicted felon possessing a firearm (rifle, pistol, shotgun, etc...) is a strict liability crime. A convicted felon isn't even allowed to touch a gun. The fact that a convicted felon possesses a gun is enough to obtain a conviction. He need not form the mens rae (evil intent or specific intent), the mere possession is enough to obtain a conviction, in most cases!

    Many crimes require a specific act in furtherance of the commission of the crime. Say you are accused of stealing or shoplifting. The mere fact that you are in possession of the goods, isn't enough. You must have the mens rae (evil intent) to permanently deprive the owner of the property in your possession. That is why people are charged with joyriding in lieu of car theft, for simply using the car of another person!

    All I can say, is that your husband may be able to get this bargained down to a lesser or included offense.
    He may be able to avoid a maximum sentence.
    He could get anywhere from one year to ten years in the OK state prison system, if convicted of this offense.

    Last edited: Apr 27, 2011

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