Carrying Concealed Weapon Defense Michigan

Carrying Concealed Weapon, or CCW as it is commonly referred to, is a serious felony gun crime that carries a maximum penalty of up to 5 years in prison. 

Criminal lawyer, Aaron J. Boria, has successfully obtained reductions and outright dismissals of CCW charges. Call (734) 453-7806 today for a free consultation.

CCW is usually charged when the weapon is a handgun, but CCW can also be charged if you have been accused of having a knife or other weapon concealed. 

CCW Charges

All criminal charges consist of elements. Every element must be met for you to be convicted of CCW. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

First, that you knowingly carried a pistol or dangerous stabbing weapon. It does not matter why someone was carrying the weapon, but the person must have known it was a weapon and that they knew they had it with them.

So, if the person didn’t know they had a weapon on them then they cannot be guilty, or if they did not know it was a weapon then they cannot be guilty. (Keep in mind, a jury would have to believe the story that a person did not know they had a weapon or the object they had was a weapon for this defense to work.)

Second, the dangerous weapon must have been concealed. A weapon is concealed if someone who comes in contact with the person charged couldn’t easily see it, but if they were openly carrying the weapon then they cannot be guilty of CCW.

Partial concealment meets this element. Meaning, if the weapon was partially covered by a jacket or waistband it is legally concealed. Partial concealment is not open carry. 

CCW in a Car

To be charged with CCW in a car the prosecution must prove, beyond a reasonable doubt, that the dangerous weapon was in a vehicle that you were in.

Second, you had to know that the dangerous weapon was in the vehicle. If you did not know there was a weapon in the car then you cannot be guilty of CCW.

Third, you took some part in carrying or keeping the dangerous weapon in the vehicle. If you did not help to conceal the weapon in the car then you are not guilty of this crime.

Criminal Defense Lawyer

Call Michigan firearm defense lawyer, Aaron J. Boria today at (734) 453-7806. If you or someone you know has been charged with carrying a concealed weapon, you want Boria Law on your side. 

There are other defenses to CCW then not knowing the item was a weapon, or not knowing that you had the weapon. If the weapon was being properly transported then you cannot be guilty of CCW. If you were openly carrying then you are not guilty of CCW. If you had a license to carry then you cannot be guilty of CCW.