Hi, this is Bradley Phillips. I am a criminal defense, personal injury, and traffic ticket attorney here in New Orleans, and today I want to talk about what we refer to as a 14:95 E, or more commonly, a 95E. Let me start by explaining what that is. We’re talking about Louisiana Revised Statute 14:95, which deals with the illegal possession of a firearm. Specifically, subsection E covers being in possession of a firearm while also in possession of something classified as a controlled dangerous substance. Simply put, it’s having a gun and drugs at the same time.
Until a few years ago, possession of marijuana could trigger a 14:95 E charge. However, as of 2018, the law changed. Now, if you have less than 14 grams of marijuana, it doesn’t count toward this charge. But if you have a gun and even the smallest amount of cocaine, heroin, or a narcotic prescription medication without a valid prescription (like tramadol or oxycontin) you can still be charged with a 14:95 E.
This is significant for a couple of reasons. First, it’s an easy charge for prosecutors to secure a conviction on. They only have to show that you were in possession of a gun and drugs at the same time. They don’t have to prove you intended to sell the drugs or do anything else illegal beyond having them together. Second, it carries a mandatory minimum jail sentence. If you’re convicted of a 14:95 E, the minimum is five years in prison, and it can go up to ten years. If it’s your second conviction, the minimum jumps to 20 years. Even more important, this sentence is “without benefit”, meaning no parole, probation, or suspension of sentence. You will serve time if convicted.
But just because it’s a common conviction doesn’t mean all hope is lost if you’ve been charged. There are always defenses we can explore, such as arguing constructive possession, showing the gun or drugs weren’t actually yours or weren’t under your control. If you were charged with possession of marijuana, we’ll closely examine the quantity, because if it’s under 14 grams, by law it’s not a 95E and can’t be charged as such. A good criminal defense attorney will also look at the packaging, was it right around 14 grams? How much did the container weigh? These are details that matter.
It’s also important to remember that this law was put in place largely to target drug dealers. Many times we’re able to negotiate with prosecutors to separate the charges, breaking it down into a misdemeanor gun charge and a separate possession charge. That way, a case that originally carried a mandatory minimum of five years in prison might become something eligible for probation.
If you’re charged with a 95E, it’s critical to have an experienced criminal defense attorney who understands the ins and outs of these charges and who has the reputation and leverage to negotiate effectively with prosecutors. If you or a loved one has been charged with a 95E, give me a call. Initial consultations are always free. I’ll sit down with you, go over the details of the case, explain possible defenses, and give you an honest idea of potential outcomes so you can make the best decision for yourself or your family member.
If you found this helpful, please subscribe to our YouTube page at Phillips Law, like the video, and follow us on social media: Facebook, Instagram, and more. We post resources to help you make informed decisions when choosing a lawyer. Again, my name is Bradley Phillips. You can reach me at 504-434-7000. I’m a traffic ticket, personal injury, and criminal defense attorney here in New Orleans. We’ll see you next time.
