While some people may have heard of felon in possession before and know what the offense is others may be confused by this rather ambiguous title. The first question is “Possession of what?”, and the answer is a gun or firearm. In Utah the law is set up so that certain classes of people are prohibited from doing such things as carrying a firearm or some other dangerous weapon. The legislature feels that those who have committed felonies are more prone to commit other offenses and therefore they want to limit the damages of those future crimes by trying to keep felon’s from possessing firearms. Of course the legislature can’t actually keep felon’s from possessing firearms, but they can penalize them if they are found to be possessing a gun, which is exactly what the law does.
Categories of Felons and Penalties for Possession of a Firearm
There are two main categories outlined in the Utah code for felons. The first one is a Category I Restricted Person and is most clearly defined by individuals who have committed a violent felony. While there are other circumstances that could also put a person in Category I that is the most prominent one. The second category, Category II Restricted Persons is for those who have committed any felony. The importance of these categories is that they carry different penalties for carrying a firearm. If a person in Category I is in possession of a firearm they will be charged with a 2nd degree felony, and a person in Category II will be charged with a 3rd degree felony.
Northern Utah Felon in Possession Defense | Ogden Criminal Defense Attorney.
Clearly a person charged with felon in possession is already familiar with the criminal justice system due to their underlying felony convictions. However, if you are being charged with felon in possession, you may or may not know the importance of having good legal representation due to the circumstances of your first run-in with the law. As such it is important that you call Ogden Criminal Defense to see how we can help you in this difficult time.