Home > Legal > Questions & Answers > Violent Crime > Can you be charged with possession of a firearm during commission of a felony if you did not possess a firearm?
Can you be charged with possession of a firearm during commission of a felony if you did not possess a firearm?
If there is an allegation supported by probable cause, then the charge can be filed. There are a variety of circumstances where this can occur, such as a codefendant having actual possession of the gun, and you being charged with the gun under a legal theory of joint-constructive possession. Either repost with more details, or consult directly with a DE criminal defense lawyer. Good luck.
DISCLAIMER I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.
I don't practice in DE. What you are charged with is often unrelated to what they proceed to trial with. If there is no evidence, it will not make it past prelim.
