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Man Sees Reduction of Falsifying a Firearm Application Charge

Recently, a man from Virginia ran into an unexpected and very significant legal hurdle when he attempted to purchase a new firearm, requiring the intervention of highly skilled Roanoke criminal defense attorneys with Copenhaver, Ellet & Derrico. Apparently, this individual was involved in a domestic assault and battery case in the 1990s that he thought was resolved through a complete dismissal. Believing that he had a clear criminal record, he filled out a requisite federal firearm application, which asks about prior convictions, and indicated that he was free of such blemishes. Unfortunately, when the results of his background check returned, a conviction along with a 30-day suspended sentence appeared, and the man was ultimately charged with falsifying a firearm application. Obviously shocked, and worried about the possible consequences of what is a felony level gun crime, the man reached out to attorney Michele Derrico.

Attorney Michelle Derrico consulted with her client and explained that while he had purchased firearms since the original incident, they were all private sales, and in Virginia, the state allows gun ownership with a misdemeanor domestic conviction and does not require the federal form in private sales. Since this recent sale was in a regulated gun shop, the discrepancy was finally observed. Regardless of the man’s nebulous legal situation, attorney Derrico began working towards finding a favorable resolution. After reviewing the details of the previous domestic violence case, attorney Derrico discussed the matter with the prosecution. Derrico argued that the original judge’ s orders were inconclusive and since they do not explicitly state the judgment, her client should not be penalized so harshly for a misunderstanding. With Derrico’s keen ability to articulate such a convoluted legal issue, all the parties involved agreed to amend the felony falsification charge to the much less severe interfering with the property rights of another that only required a one-year probationary period. By choosing such a thorough and detailed legal professional, such as attorney Michelle Derrico, this client achieved clarity regarding his criminal history as well as avoided additional and unnecessary complications.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.