St. Mary’s County Felon in Possession Lawyer — What Are Your Defense Options?
A felon in possession charge in St. Mary’s County is a serious felony under Maryland law, carrying severe penalties. As a prohibited person gun charge lawyer St. Mary’s County, Law Offices Of SRIS, P.C. understands the local court procedures and can build a defense focused on challenging the evidence against you. A strong defense is critical to protect your future.
Maryland Law on Felon in Possession Charges
In Maryland, it is illegal for a person convicted of a crime of violence or a felony to possess a regulated firearm. This law is codified under Md. Code, Public Safety § 5-133. The statute is strict and does not require the state to prove you intended to use the firearm unlawfully; mere possession by a prohibited person is sufficient for a conviction. The charge is a felony that can result in a mandatory minimum sentence of five years in prison without the possibility of parole for a first offense, with a maximum penalty of 15 years.
Last verified: April 2026 | St. Mary’s County Circuit Court | Maryland General Assembly
Official Legal Resources
Understanding the specific laws and court procedures is essential. For the official state statute, refer to the Maryland General Assembly website for § 5-133. For local court rules and filing information, visit the St. Mary’s County Circuit Court official website.
Local Defense Strategy for a Felon in Possession Charge
Building a defense as a felon with firearm defense lawyer St. Mary’s County requires immediate action. The prosecution’s case often hinges on proving you knowingly possessed the firearm. An early investigation can challenge the legality of the search that found the weapon or question whether you had actual control over it. In the St. Mary’s County Circuit Court, pre-trial motions to suppress evidence are a common and critical defense tactic.
- Secure immediate legal representation before making any statements.
- Your attorney will file a motion for discovery to obtain all police reports and evidence.
- A motion to suppress evidence may be filed if the search or seizure violated your rights.
- Your lawyer will negotiate with the State’s Attorney’s Office, seeking a reduction or dismissal.
- If necessary, prepare for a jury trial where the burden of proof remains on the state.
Potential Penalties for a Felon in Possession Conviction
In St. Mary’s County, a conviction for felon in possession of a firearm is a felony with a mandatory minimum prison sentence of five years and a maximum of 15 years, plus significant fines and a permanent criminal record.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Felon in Possession (First Offense) | Felony | 5-year mandatory minimum, up to 15 years | Up to $10,000 | Loss of right to vote, possess firearms; barriers to housing/employment. |
| Felon in Possession (Subsequent) | Felony | 10-year mandatory minimum, up to 15 years | Up to $15,000 | All above consequences, plus likely designation as a habitual offender. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in St. Mary’s County Gun Cases
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings a combined 120+ years of legal experience to every case. We have a documented record of handling complex criminal charges. Our approach is to scrutinize every detail of the prosecution’s case, from the initial police stop to the forensic analysis of the firearm.
Case Results for Firearm Charges
Our attorneys work to achieve the best possible outcome in every case. We have successfully defended clients against serious firearm charges by filing motions to suppress evidence and negotiating favorable resolutions. In one case, we secured a dismissal where the search of a vehicle was found to be unconstitutional. In another, felony charges were reduced to a misdemeanor with no jail time.
Results may vary. Prior results do not aim for a similar outcome.
Felon in Possession Lawyer Near St. Mary’s County, MD
If you need a felon in possession lawyer St Marys County, our firm is ready to assist. We offer 24/7 phone consultations. Contact us to discuss your case.
Law Offices Of SRIS, P.C.
By appointment only.
Toll-Free: (888) 437-7747 | Local: (888) 437-7747
24/7 phone consultations — meetings by appointment only.
FAQs on Felon in Possession Charges in Maryland
What makes someone a “prohibited person” under Maryland gun law?
Yes. Maryland law prohibits several categories of people from possessing firearms, including individuals convicted of a felony or a crime of violence, those convicted of certain domestic violence misdemeanors, individuals addicted to controlled substances, and those subject to a final protective order.
Can I be charged if the gun wasn’t on me but was in my house or car?
It depends. The state must prove you had knowledge of the firearm and the ability to exercise control over it (“constructive possession”). Merely being in a location where a gun is found is not enough. A lawyer can argue you were unaware of its presence or lacked exclusive control over the area where it was found.
Is there a mandatory minimum sentence for a first-time felon in possession charge?
Yes. Under Md. Code, Public Safety § 5-133, a first conviction for a felon in possession charge carries a mandatory minimum sentence of five years in prison. The judge has no discretion to suspend any part of this five-year minimum, and parole is not permitted during this period.
What are the main defenses to a felon in possession charge?
Common defenses include challenging the legality of the search that discovered the firearm (Fourth Amendment violation), arguing a lack of possession or knowledge, questioning the chain of custody of the evidence, or challenging whether your prior conviction actually qualifies as a disqualifying offense under the statute.
If the charge is dismissed, can my right to own a gun be restored?
No. A dismissal means you were not convicted, so the prohibition based on that case would not apply. However, if your prohibited status is based on a separate, older felony conviction, that prohibition remains in effect permanently under federal and Maryland law, regardless of any new case outcomes.
Internal Links: For related defense services, see our page on Maryland Criminal Defense Lawyer. For help in a neighboring area, consider our Calvert County Felon in Possession Lawyer services. Learn more about our firm’s approach on our Criminal Defense hub page.
Last verified: April 2026. Information is current as of this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.