(a) It shall be unlawful for any person to knowingly have a firearm in his or her possession or under his or her control when the person has been charged with committing or attempting to commit a crime of violence as defined in Section 13A-11-70, misdemeanor offense of domestic violence as defined in Section 13A-11-72, or violent offense as listed in Section 12-25-32(15), and thereafter has been released pending or during trial.
(b) Unless waived by the defendant, a person may not be convicted of violating this section unless the person is first convicted of the crime of violence as defined in Section 13A-11-70, misdemeanor offense of domestic violence as defined in Section 13A-11-72, or violent offense listed in Section 12-25-32(15), or a lesser included offense, which gave rise to the charge and for which the person was released pending or during trial.
(c) A person who violates this section shall be guilty of a Class C felony.