Grayson County Homicide
An arrest has been made in a Grayson County homicide, which occurred earlier in late June, in Leitchfield, Kentucky. According to news reports, there are several pending charges:
- Tampering with Physical Evidence
- Possession of a Firearm by a Convicted Felon, and
- First Degree Robbery
You can read about another incident of Tampering with Physical Evidence on my blog. This is a common charge in homicide cases, based on the efforts of someone to hide or destroy evidence in an effort to cover up the crime.
One of the issues making the Grayson County homicide interesting, is the charge of Possession of a Firearm by a Convicted Felon. In Kentucky, this crime is a Class D felony. However, if the firearm is a handgun, it’s increased to a Class C felony.
While the Second Amendment guarantees citizens the right to own a gun, Kentucky has specific gun laws, federal laws exist and there’s also the Brady Handgun Violence Prevention Act. Having a felony conviction on your record can severely impact many areas of your life, including your ability to possess, manufacture or transport a firearm.
Unlike some Class D felonies, Possession of a Firearm by a Convicted Felon is not eligible for an expungement. However, there are two options for regaining your rights, even after a felony conviction:
- Receiving a full pardon by the Governor of Kentucky or by the President of the United States;
- Being granted relief by the United States Secretary of the Treasury pursuant to the Federal Gun Control Act of 1968, as amended.
The best way to avoid this conviction is by hiring an experienced criminal defense attorney. Some charges can be negotiated down. Other charges may be able to be dismissed. There’s also the obvious goal of being proven not-guilty, should your case go to trial.
Kentucky and federal gun laws are serious business. More importantly, so are the sentences resulting from convictions. If you’ve been charged with a crime involving a firearm, especially if this is for murder or manslaughter, you need to act quickly to allow your attorney time to develop an effective defense on your behalf.