Indianapolis Unlawful Possession of a Firearm by a Serious Violent Felon Lawyer

Indiana treats this charge differently from almost every other gun offense on the books, and that difference matters enormously for anyone facing it. Indianapolis unlawful possession of a firearm by a serious violent felon is one of the most aggressively prosecuted weapons charges in the state, carrying mandatory prison exposure that does not bend easily to plea negotiations or first-offense considerations. Prosecutors in Marion County and the surrounding counties treat this charge as a priority, and the facts that create it are sometimes less straightforward than they first appear.

What makes this charge distinct is its predicate structure. The offense does not turn on what you did with the firearm or even whether you used it. It turns entirely on your prior record and the government’s ability to prove that you knowingly or intentionally possessed a firearm after that record was established. That framing sounds simple, but the legal and factual questions embedded in it are anything but. What qualifies as a prior conviction for these purposes? What constitutes possession when a firearm is found near you rather than on you? Those questions are where cases actually get fought and won.

If you are confronting this charge in Indianapolis or anywhere in Central Indiana, the decisions made in the earliest days of your case will shape everything that follows. The attorneys at Rigney Law LLC handle serious criminal defense matters in Indiana courts, and this is exactly the kind of charge that demands attention from lawyers who have spent years in the system understanding how these prosecutions are built and where they can be challenged.

What Indiana Law Actually Requires for This Charge

Indiana’s serious violent felon statute is specific about which prior convictions trigger the prohibition. Not every felony qualifies. The law identifies a defined list of predicate offenses, which includes murder, voluntary and involuntary manslaughter, rape, criminal deviate conduct, robbery, burglary, and a range of other offenses categorized as serious violent felonies. The critical first step in any defense is examining whether the client’s prior conviction actually falls within that defined list, because a prior felony that does not qualify cannot support the charge.

This matters more than people realize. A prior conviction for a felony that sits outside the statutory list means the person is not a “serious violent felon” under the statute regardless of how serious that underlying conviction may have seemed at the time. That distinction requires careful legal analysis of the prior judgment of conviction, not just a surface read of the charge name. Convictions from other states present additional complexity, because the question becomes whether that out-of-state offense substantially corresponds to one of the Indiana predicates, and that analysis can go either way depending on how the other state defined the crime.

Possession itself is the other battleground. Actual possession, where a firearm is found on a person’s body, is the clearest scenario. Constructive possession, where a firearm is found in a car, home, or space that a person shares with others, is far more contested. Indiana courts require that constructive possession be proven through the defendant’s knowledge of the firearm and their capability and intent to maintain control over it. When multiple people have access to the same space, that burden does not automatically fall on any single individual, and defense counsel can press hard on that gap between access and actual dominion.

How Rigney Law LLC Approaches Serious Violent Felon Firearm Cases

Jacob Rigney and Kassi Rigney have built their practice on the kind of work that happens before anyone walks into a courtroom. Excellence in criminal defense starts behind the scenes, with careful review of every piece of evidence, every search and seizure decision, every recorded statement, and every link in the chain of custody for physical exhibits. For a firearm possession charge, the most important evidence is often the stop or search that produced the gun in the first place.

The Fourth Amendment question sits at the center of a large number of these cases. If the stop that led to finding the firearm was unlawful, if officers exceeded the scope of a search, or if consent was not properly given or was coerced, a suppression motion can eliminate the government’s most essential piece of evidence. Without the gun, the case cannot proceed. The attorneys at Rigney Law LLC have the practical courtroom experience to pursue those motions effectively, which requires not just knowing the law but understanding how to present the argument to a judge who has seen hundreds of suppression hearings.

On the sentencing side, this charge carries felony-level consequences that can include significant time in the Indiana Department of Correction. Early, thorough preparation is the foundation of achieving the best outcome, whether that means negotiating a resolution that accounts for all the mitigating facts, taking the case to trial, or challenging the predicate conviction itself. The attorneys at Rigney Law are straightforward about what the law requires and what realistic outcomes look like. No guarantees, but real effort and real experience, applied to every case.

Charge Categories and Related Offenses That Often Arise Together

• Unlawful Possession of a Firearm by a Serious Violent Felon: The primary charge under Indiana law when someone with a qualifying prior conviction is found in possession of any firearm, a Level 4 felony carrying substantial prison exposure.
• Carrying a Handgun Without a License: Frequently charged alongside the serious violent felon count when the firearm is a handgun, creating stacked charges that compound the sentencing risk, governed by a separate provision of Indiana’s weapons code.
• Constructive Possession in a Vehicle: Common scenario in Indianapolis traffic stops along corridors like I-65, I-70, and US-31 where a firearm is found during a vehicle search and multiple occupants are present, requiring the prosecution to tie the weapon to a specific individual.
• Possession of a Firearm with an Obliterated Serial Number: A separate federal and state offense that is sometimes charged when the weapon recovered lacks a readable serial number, adding a federal dimension that requires attention from the earliest stages.
• Armed Robbery or Other Predicate Offenses Charged Simultaneously: When a firearm is allegedly used in a new offense, prosecutors often charge both the new conduct and the possession by a serious violent felon, using each to reinforce the severity of the other in plea negotiations.
• Federal Felon in Possession Charges: Federal law also prohibits felons from possessing firearms, and the same underlying facts can produce both state and federal charges. Federal prosecution generally carries heavier mandatory minimums and is pursued when the conduct has interstate elements or when federal agencies were involved in the investigation.
• Parole Violation Implications: Many individuals charged with this offense are still serving a sentence in some form, and the new charge triggers a separate parole revocation process in addition to the criminal prosecution, requiring simultaneous attention on two fronts.

What to Do If You Are Charged in Indianapolis

The single most consequential decision after an arrest on this charge is not saying anything to law enforcement without an attorney present. Officers will ask questions, and those answers can become the most damaging evidence at trial. Politely declining to speak is not an admission of guilt, and it is not something that can be used against you. It is the most basic protection available to you from the moment of arrest.

Cases in Indianapolis involving this charge are handled in Marion Superior Court, located in the City-County Building at 200 East Washington Street. If the arrest occurs in a county adjacent to Marion, such as Hamilton, Hendricks, Johnson, or Hancock, the case will proceed in that county’s circuit or superior court. The local rules, the judicial culture, and the tendencies of the assigned prosecutors vary by venue, and familiarity with those differences matters in how a case is approached.

Bond hearings typically occur within 48 hours of arrest, and those proceedings are the first opportunity to present factual and legal arguments to a judge. Initial appearances are not a formality. The outcome of a bond hearing affects where you live and whether you can work while your case is pending. Having an attorney in place for that hearing, rather than appearing pro se or with underprepared representation, can change what happens on bond and begin framing the case favorably from the start.

One common mistake is waiting to find an attorney until after the initial hearing. By that point, critical early decisions may already have been made, and the window to gather time-sensitive evidence, including surveillance footage, witness accounts, and documentation about the circumstances of the stop, may have narrowed. Contact an attorney as soon as you are aware a charge is coming, not after the first court date has passed.

If there is a prior conviction at the center of the charge, it is worth exploring whether that conviction was properly obtained and whether any avenue exists for challenging it. In some cases, vacating or modifying the predicate conviction removes the foundation of the current charge entirely. That is a complex and procedurally demanding process, but it is one worth examining with an Indianapolis criminal defense attorney who understands Indiana’s post-conviction relief framework.

Questions People Ask About This Charge in Indiana

What is the penalty for unlawful possession of a firearm by a serious violent felon in Indiana?

This offense is classified as a Level 4 felony under Indiana law. A Level 4 felony carries a sentencing range of two to twelve years, with an advisory sentence of six years. The actual sentence imposed depends on the advisory guidelines, the judge, any aggravating or mitigating factors, and whether mandatory minimums apply. Prior criminal history is one of the most significant factors affecting where a sentence lands within that range.

Which prior convictions make someone a serious violent felon under Indiana law?

Indiana’s statute defines the category by listing specific qualifying offenses. The list includes murder, voluntary and involuntary manslaughter, battery as a felony in certain circumstances, rape, child molesting, robbery, burglary, and a number of other specifically enumerated crimes. Not all felonies qualify. A prior drug possession conviction or a theft conviction, for example, would not make someone a serious violent felon for purposes of this statute. Whether a specific prior offense qualifies requires careful legal analysis.

Can a prior conviction from another state be used as the predicate for this charge?

Yes, but only if that out-of-state conviction substantially corresponds to one of the qualifying offenses listed in Indiana’s statute. Courts compare the elements of the foreign offense to the Indiana equivalent. If the other state defined the crime more broadly or included conduct that would not qualify under Indiana’s version, there may be a viable argument that the prior conviction does not satisfy the predicate requirement. This is a fact-intensive legal question that varies depending on the specific prior offense and the state of conviction.

What if the firearm was found in a shared space and not on my person?

Constructive possession cases are the most defensible factual scenarios for this charge. When a firearm is found in a car with multiple occupants, in a shared residence, or in a common area, the prosecution must prove beyond a reasonable doubt that you specifically knew the firearm was there and had the intent and capability to exercise control over it. Proximity alone is not enough. Defense counsel can challenge the sufficiency of that evidence and explore whether the firearm is more plausibly connected to someone else in the space.

Will this charge violate my parole?

Almost certainly, yes. A new criminal charge, and particularly a felony-level weapons charge, will trigger the parole violation process separately from the new prosecution. That means you are potentially facing both a revocation of your existing supervised release and a new sentence if convicted on the current charge. Rigney Law LLC handles parole matters as well as criminal defense, which means both tracks can be addressed with the same legal team rather than having to coordinate between separate attorneys.

Can this charge also be brought federally?

Yes. Federal law prohibits any person with a prior felony conviction from possessing a firearm in interstate commerce, which in practical terms covers virtually all manufactured firearms. Federal prosecutors have discretion about when to take a case, and they sometimes do so when the defendant has an extensive prior record, when the investigation involved federal agencies, or when the facts carry interstate elements. Federal sentencing guidelines for this offense are typically more severe than the state equivalent, and sentences are served in federal custody without the same earned credit provisions that apply in the Indiana system.

Does it matter if I did not know the gun was loaded or even that it was a real firearm?

The statute requires that possession be knowing or intentional. Whether knowledge that the firearm was operable or loaded is relevant depends on how the facts develop. In most cases, prosecutors do not need to prove you knew every characteristic of the weapon. What must be proven is that you knowingly possessed something that meets the definition of a firearm. Arguments about the nature of the item are available in some fact patterns but are not a universal defense.

Is there any path to restoring firearm rights after a serious violent felon conviction in Indiana?

Indiana’s expungement statute provides some relief for certain felony convictions, but serious violent felonies are among the most restricted categories. Even where expungement is technically available, restoration of firearm rights is a separate federal question governed by federal law, and federal courts have generally held that state-level expungements do not automatically restore the right to possess firearms under federal law. This is an area where the intersection of state and federal law requires careful attention before any assumption is made about restored rights.

How does the charge interact with an ongoing expungement case?

If you have a pending expungement petition for a prior conviction that serves as the predicate for the current charge, the timing of when that expungement becomes effective matters significantly. A conviction is typically not considered expunged until the court issues its order and any required waiting period runs. Being charged with a new offense while an expungement is pending complicates both proceedings and may affect eligibility for the expungement itself depending on the requirements under Indiana’s statute.

What should I look for when choosing an Indianapolis attorney for this type of case?

This charge sits at the intersection of constitutional search-and-seizure law, Indiana weapons statutes, prior conviction law, and sometimes federal law. The attorney handling it should have practical experience in Indiana courts, familiarity with Marion County’s prosecutors and judges if that is where your case is pending, and a genuine willingness to put in the pretrial work that suppression hearings and complex factual investigations demand. Ask directly about their experience with weapons charges, not just criminal defense broadly.

Representing Clients Across Indianapolis and Central Indiana

Rigney Law LLC represents clients throughout Indianapolis and the broader Central Indiana region. Within Marion County, the firm serves clients from neighborhoods across the city, including the Near Eastside, Near Westside, Fountain Square, Irvington, Broad Ripple, Lawrence, Beech Grove, Speedway, and Southport. Cases arising from encounters along major Indianapolis corridors, including stops on I-465, I-65, I-70, and US-31, as well as throughout the city’s downtown core near the federal courthouse and Marion Superior Court, fall within the firm’s regular caseload.

Beyond Marion County, the firm handles criminal defense matters in Hamilton County, including Carmel, Fishers, Noblesville, and Westfield. Clients from Hendricks County communities such as Plainfield, Avon, and Brownsburg also turn to Rigney Law for defense representation. The firm additionally serves individuals in Johnson County, including Greenwood and Franklin, as well as clients from Boone County, Morgan County, and Hancock County. Whether the case is proceeding through a suburban county court or through Marion Superior Court in downtown Indianapolis, the attorneys at Rigney Law understand the local courts, the local prosecutors, and what effective representation looks like in each venue.

Indianapolis Unlawful Firearm Possession Attorney for Serious Violent Felon Charges

This is not a charge that gets easier to defend over time. Evidence gets harder to gather, witnesses become less accessible, and the window for meaningful pretrial motions narrows. If you or someone you know is facing this charge in Marion County or anywhere in Central Indiana, reaching out to an Indianapolis unlawful firearm possession attorney at Rigney Law LLC as soon as possible gives you the best opportunity to understand where the case actually stands and what defenses are realistically available. A consultation is free and easy to schedule. The attorneys at Rigney Law are ready to sit down with you, assess what happened, and explain honestly what the path forward looks like.