Legal Question in Criminal Law in Arizona

prohibited possessor- average length of sentences

What is the success rate for prosecution in prohibited possessor cases, the average length of sentence, and the mitigating factors that might reduce a sentence (length prior to past charges, crimes of a non-violent, non-repetitive nature). Also can you recommend someone in Arizona that has a successful defense rate in this specific area?


Asked on 1/22/01, 7:39 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: prohibited possessor- average length of sentences

We need some more information.

If you are speaking of a felon in possession of a firearm or dangerous weapon, a "prohibited person," in the federal system, the prosecutorial success rate is nearly 100% as it is a no-brainer. All that is required is the showing of (1) the conviction of a felony at any prior time, and (2) the possession [note not ownership, purchasing, or use] of a firearm. Period.

The minimum sentence is one year, and there are no mitigating factors.

Contact us by Email if you have further interest in this area and if you wish a recommendation for federal court.

We need more specific facts if you are charged in state court.

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Answered on 2/13/01, 9:54 pm


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