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Can you be charged with possession of a firearm during commission of a felony if you did not possess a firearm?

Wilmington, DE |

I did not possess a weapon of any kind. Yet they still charged me with possession of a firearm how is that possible?

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Attorney answers 2


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.

Edward J. Blum