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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23976
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Can a person be prosecuted Possession of a firearm by a

Customer Question

Can a person be prosecuted for both Possession of a firearm by a Felon and Unlawful Carrying a weapon if both charges arose out of the same charges same out of the same transaction?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 11 months ago.

Hello,

Yes. A DA typically will charge a defendant with every charge that the facts of the case can make out. In that way, they can maximize the possibility of a conviction. For example, if you go to trial on the case and for some reason the jury were to acquit you of the top count, the DA gets another chance to convict you of a lesser included offense. For purposes of a deal, the DA could dismiss the higher count and offer you a plea to the reduced charge already on the docket.