No Active Time in Possession of Firearm by Felon Case

Guilty Plea to Class G Felony Results in Probation and Dismissal of Drug Charge

State v. R.

00301

THE CHARGES

The client was charged with Possession of Firearm by Felon (a Class G Felony) and Felony Possession of Methamphetamine (a Class I Felony).

THE CLIENT'S POSSIBLE SENTENCE

On the Firearm by Felon charge, the client was a Prior Record  Level III for Felony Sentencing exposing the client to a 

possible active sentence of from 13-25 months to 17-30 months in the presumptive range. If the sentence was aggravated, the client faced a possible active sentence of from 17-30 months up to 21-35 months. Upon conviction, the court could also impose an intermediate punishment which is a sentence that places the defendant on supervised probation which may include as a special condition a period or periods of imprisonment not to exceed one fourth of the maximum sentence of imprisonment imposed for the offense.

On the Possession of Methamphetamine charge, the client faced an Intermediate sentence which consists of the punishment as described above. The presumptive sentence which would be suspended ranged from 5-15 months to 6-17 months. If the sentenced had been aggravated, then the client faced an aggravated suspended sentence of from 6-17 months to 8-19 months.

RESULTS OBTAINED

The client pled guilty to the Possession of Firearm by Felon charge. The State dismissed the Felony Possession of Methamphetamine charge in exchange for the client’s guilty plea. There was no agreement as to sentencing as the State had sought an active sentence of 10-21 months and that offer was rejected. At sentencing on the Firearm by Felon charge, Attorney Byers argued for a sentence of probation with no period of imprisonment based upon the facts of the case and the court found that argument to be persuasive. The client was placed on supervised probation with no additional imprisonment with regular terms of probation.

PLEASE NOTE:  Each case is different and must be evaluated on its particular and unique facts. Prior results do not guarantee any future outcome.