In a recent case highlighted on this blog, an Oregon man has been accused of several weapons charges after allegedly being involved in a shooting. Weapon charges, like the ones the man faces in that case, can be very serious. Not only do charges like felony possession of a weapon include penalties like prison time, they can also have civil consequences.
In particular, some charges can result in the forfeiture of personal property. Under ORS section 163.707, if a car is used in a drive-by shooting, for example, the government may have the right to take away the car. Under this section, if the owner of the car is involved in the drive-by shooting, a civil in rem forfeiture of the car is possible.
In order to be a drive-by shooting under this section two elements must be met. One, a firearm must have been discharged from the car or other vehicle. Two, the discharge must have occurred as part of another crime. In these situations, the person must have been attempting to commit or committing another serious crime including menacing, murder, assaulting a public officer, manslaughter, certain types of assault, recklessly endangering another person or certain types of intimidation.
If these elements are met, then the state may seize the vehicle and begin forfeiture proceedings. This is on top of the other penalties that the state can impose for being convicted of these underlying crimes.
Felony possession of a weapon and other felony charges are serious. They need to be addressed with a comprehensive criminal defense strategy. While this blog post only provides general information, an attorney can give specific details about the penalties that a person faces when accused of a felony.
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