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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27432
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I am a felon in Arkansas I was caught duck hunting in Missouri

Customer Question

I am a felon in Arkansas I was caught duck hunting in Missouri about ten feet from the Missouri stateline and have to go to federal court. How much time will I most likely get? My original charge was theft of property nothing to do with a gun just an atv and haven't been in any trouble since then that was 6 years ago. It has taken 14 months for the atf To contact me about being a felon in possession of a firearm and crossing the Missouri/Arkansas stateline. I also had to spend a 143 days In county jail for felon in possession when I got caught duck hunting.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 years ago.
Jacustomer,

It doesn't matter what sort of felony you had or how long ago your conviction was. If you have ever been convicted of a felony, unless you take proactive steps to get your civil rights, including your gun rights, fully restored, you simply have no gun rights. See 18 USC 922(g)

The usual maximum penalty for being a felon in possession of a firearm under law is 10 years though under some circumstances, not likely in your case, there are enhancements which can increase it to 15.

Make sure you have a Federal criminal lawyer. If you can't afford one, you will need to ask for a free Federal Defender.
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Customer: replied 6 years ago.
In past cases like mine what did the average person receive?
Customer: replied 6 years ago.
Relist: Answer quality.
In cases like mine what was the average sentence?
Expert:  Zoey_ JD replied 6 years ago.
Hello Jacustomer,

It's not something I would have any way of predicting. There are many different statute that can be applied to a violation of 922(g), and the feds have a very elaborate guideline system that has to be applied to the specific facts, circumstances and criminal history. Plea bargaining is far more complicated in the Federal arena.

Before I even factor any information into the guidelines, I'm seeing 10-16 months of prison as a possible penalty. Some facts will raise that and others may lower it. But you can expect at least some jail.