Tacoma, WA Firearm Possession Defense Attorney

Knowledgeable Firearm Possession Defense Attorney Handling Weapons Charges in Tacoma, Washington

Charges involving firearms are treated seriously in Washington. Prosecutors may seek serious penalties in these cases, amounting to thousands of dollars and years of incarceration. However, getting arrested does not mean that a conviction is certain. A Tacoma unlawful possession of a firearm defense attorney can explore your options to fight the charge and minimize the damage to your life.

If you are looking for a well-respected, seasoned trial attorney to handle your case, look no further than The Law Office of Michael Austin Stewart Criminal Defense Lawyer. We have decades of experience handling criminal cases, including firearm cases, as you can see in our successful case results.

First-Degree Unlawful Firearm Possession Charges in Washington

First-degree unlawful possession of a firearm is a serious felony charge in Washington. A person may face this charge if he or she owns, accesses, has custody or control of, possesses, or receives a firearm after a prior conviction or finding of not guilty by reason of insanity for a "serious offense".

A serious offense can include many violent or high-level felony crimes. Examples may include any Class A felony, certain Class B drug felonies, first- or second-degree manslaughter, second-degree assault, second-degree assault of a child, first-degree extortion, second-degree robbery, second-degree burglary, residential burglary, drive-by shooting, certain vehicular homicide or vehicular assault offenses, and other felonies involving deadly weapon findings. Comparable federal or out-of-state convictions may also qualify.

First-degree unlawful firearm possession is a Class B felony. A conviction can carry up to 10 years in prison and a fine of up to $20,000. The actual sentence will depend on the person's criminal history, the facts of the case, and whether prosecutors file additional charges. If the firearm was allegedly stolen or tied to another offense, the potential consequences may become even more severe.

Were You Subject to an Unreasonable Search or Seizure in a Firearm Case?

Firearm possession cases often begin with a traffic stop, home search, probation-related search, vehicle search, or police encounter in a public place. Law enforcement must follow constitutional limits when stopping a person, extending a detention, searching a vehicle, entering a home, or seizing property.

If officers acted without reasonable suspicion, probable cause, a valid warrant, or a lawful exception to the warrant requirement, the defense may challenge the evidence. That challenge can matter enormously. If the firearm is excluded from evidence, the prosecution may have a much harder time moving forward.

A defense lawyer can review body camera footage, police reports, search warrant materials, dispatch records, and witness statements to determine whether officers respected the accused person's rights.

Issues With Proving Possession in Unlawful Firearm Cases in Tacoma

Possession is not always as clear as the state suggests. A firearm found near a person is not automatically proof that he or she possessed it. Washington firearm cases may involve actual possession or constructive possession. Actual possession generally means the firearm was physically on the person. Constructive possession may involve an allegation that the person had control over the firearm or the place where it was found.

Constructive possession can be especially disputed. A gun may be found in a shared vehicle, a borrowed car, a bedroom used by more than one person, a bag belonging to someone else, or a home with multiple occupants. Prosecutors may point to location, proximity, statements, fingerprints, DNA, or personal belongings. The defense may challenge what those facts actually prove.

In some cases, the accused person did not know the firearm was present. In others, the state may be relying on weak assumptions, unreliable witnesses, or incomplete forensic evidence. A strong defense can focus on knowledge, control, ownership, access, and the reliability of the investigation.

Contact a Tacoma Firearm Possession Defense Attorney Today

At The Law Office of Michael Austin Stewart Criminal Defense Lawyer, we know firearm possession charges can carry severe consequences. We will examine the evidence and push back against weak claims of possession or unlawful searches. Call 253-442-7544 or contact our Tacoma, WA firearm possession defense lawyer to arrange a free consultation.