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Proving Possession in DC Gun Cases

The main goal of a prosecutor for the conviction of a firearm charge is proving possession in DC gun cases. It could be critical to come prepared to court in order to defend your rights and fight conviction. Contact an established firearm possession attorney to begin building an argument.

What is Considered Possession?

There are two kinds of possession that apply to guns, drugs, or other kinds of contraband when prosecutors attempt to prove that a person was in possession of an illegal item. Possession can be actual possession or constructive possession.

Actual possession means that someone being charged actually has the firearm on their person. They are holding a firearm and are considered to be in possession of that firearm. The individual must be holding a firearm or have the firearm on their person to be charged with possession.

Understanding the Severity of Constructive Possession

The prosecution may be interested in proving possession in DC gun cases by showing intent. Constructive possession means the person has the knowledge of the presence of the firearm and also has the ability and the intent to exercise control over that firearm.

Knowledge of the firearm can be subject to the circumstances of the location of the firearm, statements made by the suspect, fingerprints and/or DNA taken by the police, or the firearm itself.

Proving Constructive Possession

To prove constructive possession, prosecutors must show that the person has the intention of exercising control. In addition, they must prove that the person has the ability to exercise control.

At issue is the state of the person’s mind at that time, the objective circumstances of the location, and circumstances of the firearm. If a person does not have the ability to be in possession of a firearm, they do not have the physical ability to be in possession of a firearm. Even if that is their intention; it is not sufficient to prove possession.

What Must the Prosecution Do to Prove Possession?

Having knowledge or awareness of the firearm does not guarantee the prosecution’s ability when proving possession in DC gun cases. The prosecutors must prove that the person had the ability and the intent to exercise control over that firearm.

That can be done through fingerprinting, statements, or circumstantial evidence such as the presence of other people near the firearm, the ownership of the vehicle in which the firearm is found, and other circumstances that can be used as evidence of ability and intention of controlling the firearm or deciding what happens to the firearm.

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