If you or your loved ones are battling criminal charges, there is one factor that may raise the possibility of additional charges depending on whether you had a firearm on your person. Understanding how the law addresses this situation can better prepare you for what comes next.
How does a gun lead to separate charges?
In Tennessee, the law treats carrying a firearm with the intent to go armed during a dangerous felony as its own criminal offense. Prosecutors plead it as a separate count in the indictment and present it before the same jury at the same time as the underlying accusation.
The law defines a specific list of qualifying crimes, known as dangerous felonies, that trigger this provision. Those include carjacking, aggravated burglary, aggravated kidnapping and certain drug-related offenses.
You do not have to discharge, display or use the gun in a threatening way. Simply having it on you is enough for the state to pursue the additional allegation.
What are the possible penalties?
The law imposes mandatory minimum terms that include the following:
- If you carried a gun during a dangerous felony and do not have a prior conviction, you face three years of incarceration
- If you employed the weapon during the commission of the felony, the minimum rises to six years
- If you have any prior dangerous felony conviction on your record at the time of the offense, you face an increased baseline of five years for possession and 10 years for employment
Your sentence for the firearm must run consecutively to the term for the underlying offense, meaning you serve both back-to-back rather than concurrently. Also, regardless of which penalty tier applies to your case, state law mandates that 100% of the gun sentence must be served day-for-day in prison.
Which defenses apply in this situation?
A defense may begin with challenging the underlying dangerous felony itself. If the state cannot prove that offense beyond a reasonable doubt, the companion firearm count can fall with it.
Challenging physical proximity offers another strategic angle. Being near a weapon in a shared vehicle or home does not constitute criminal possession. To secure a conviction, prosecutors bear the burden of proving you had direct control over the gun with the intent to use it.
An unlawful police search or seizure provides firm grounds to file a pretrial motion to suppress the evidence. If the judge excludes the weapon, the state loses the foundational proof required to sustain this separate charge.
Consulting with an attorney can give you a better understanding of your legal options. Depending on the facts of your case, defense counsel may negotiate with prosecutors to seek reduced charges, dismissal of certain counts or another resolution that limits your potential sentencing exposure.
