Jackson, TN asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Tennessee

Q: Can I be charged with unlawful possession if I’m at my girl friend house and she has guns? We have different address

We have different addresses and she wrote a statement and got on the stand testified she lied on me but they still charging me for something I didn’t do. I even have photo evidence she had a gun pointed at my face. I need help immediately please.

2 Lawyer Answers
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Yes you can be charged. Why have you not hired an attorney? That charge carries several years in prison. Fingerprint evidence on the gun and ammo might be important. Do not plea guilty and this is a public forum.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: In Tennessee, being charged with unlawful possession of a firearm depends on several factors, including your specific circumstances and legal status. Merely being in a house where guns are present does not automatically make you guilty of unlawful possession. However, if there are certain conditions, like a restraining order against you or a felony record, that legally prohibit you from being around firearms, then being in a residence with guns could potentially lead to charges.

The fact that you and your girlfriend have different addresses is relevant but not necessarily decisive in determining possession. The key issue is whether you had control over or access to the firearms. If the guns are hers and you had no control over them, this should be emphasized in your defense.

Your girlfriend's statement and testimony, as well as the photo evidence you mentioned, are significant. They could help establish the context of the situation and demonstrate that you were not in unlawful possession of the firearms.

Given the complexity of your situation and the seriousness of the charges, it's crucial to seek legal representation immediately. An attorney can review all the evidence, including your girlfriend's statement and the photo, and provide a defense strategy based on the specifics of your case.

Remember, each case is unique, and the outcome can depend on various factors, including the specifics of the evidence and the legal arguments presented. An attorney can help navigate these complexities and advocate on your behalf.

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