Legal Question in Criminal Law in Iowa

felon with weapons charge

My brother and his girlfriend got into a fight, they busted up the camper they were staying in, and reported the damage as a robbery. Very stupid, we know. Police came and found a gun in the camper. Brother served time in prison for a drug charge and got out in 2000. Now he is charged with felon with a weapon. Any info on what his sentence could be? Brother was not present when cops went into camper. Possible illegal search? Don't think so but a possible chance? He also had a warrant out for him in another county for driving under a suspended license. (no other police run ins that we know of since release from prison) Any info on what we can do to lessen charge or is this a cut and dried case? Trying to figure out whether we should hire an attorney or let the appointed court attorney handle it if it is cut and dried. Any help would be greatly appreciated.


Asked on 8/17/05, 11:17 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: felon with weapons charge

Unlawful possession of a firearm by a felon is a class D felony which is punishable by up to five years in prison. There is the possibility that the case could be turned over to the US attorney for prosecution on federal charges which carry a possible punishment of 10 years and no parole.

In addition there are numerous other enhancements for recidivists that I do not have the information to discuss with you at this time.

I'd like to be more positive but your brother dug himself a pretty deep hole here. If convicted on the state charges he's looking at a couple years inside minimum.

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Answered on 8/18/05, 9:34 am


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