Charged with Possession of a Firearm You Didn’t Know About?
Hi, my name is Aaron Grubb. I’m the Tahlequah felony attorney at Wirth Law Office. In this video, we’re going to talk about the defense of lack of knowledge in a possession of a firearm charge.
If you’re being charged with possessing a firearm that you truly didn’t even know existed, it’s important to understand how this defense works. The issue of knowledge is a question of fact for the jury—not a legal question that a preliminary judge will decide.
Understanding the Legal Parameters of Knowledge Defense
That means this defense must be presented during trial, either to a jury or to a judge in a bench trial. It cannot be raised randomly at any point in the case; it must be properly introduced to the finder of fact.
Additionally, Oklahoma law allows for the use of circumstantial evidence to support a lack of knowledge defense. For example, you may present evidence that other individuals had access to the weapon, you were given no indication that the firearm was present, or there were no signs linking you directly to the weapon.
Building Your Defense Strategy
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- Other individuals had access to the weapon,
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- You were given no indication that the firearm was present,
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- Or there were no signs linking you directly to the weapon.
This broadens the range of evidence you can introduce to show you were unaware of the firearm’s presence. If you have a pending criminal or civil case, contact Tahlequah criminal defense attorney Aaron Grubb at Wirth Law Office. We’re here to help.
Get Help Today with a Low-Cost Initial Strategy Session
Thank you. For assistance with your case, call us at (918) 458-2677 to schedule your low-cost initial strategy session. Let us guide you through this challenging situation.
