Weapons Crimes Defense Attorney
Criminal Defense Attorney for Weapons Crimes
If you have been charged with a weapons crime involving a gun, firearm or another type of weapon, the consequences could be severe. Many weapons crimes are prosecutable as felonies that include mandatory minimum prison sentences. In addition to the harsh criminal penalties you may potentially face, you’ll also suffer on a more personal level. Having a criminal record for a weapons offense can be used to disqualify you for positions of employment, professional licenses, renting an apartment, securing financial aid or other forms of loans. If you are divorced, a conviction can affect your parental rights and custody arrangement. If you are a non-U.S. citizen, you may not be able to remain in the country.
Having a criminal record for a weapons offense can be used to disqualify you for positions of employment, professional licenses, renting an apartment, securing financial aid or other forms of loans. If you are divorced, a conviction can affect your parental rights and custody arrangement. If you are a non-U.S. citizen, you may not be able to remain in the country.
The first step you need to take to protect your rights, freedom, and reputation is to discuss your case with a qualified criminal defense attorney.
Commonly Used Deadly Weapons
The Second Amendment to the United States Constitution guarantees the right to bear arms; however local, state and federal governments can place limits on this right to ensure public safety.
Dangerous and illegal weapons can include a broad range of instruments or devices including but not limited to:
- automatic firearms
- silencer, sawed-off shotgun, machine gun
- stun guns
- sawed-off shotguns
- knives (dirk knife, ballistic knife, switch knife, a switchblade, any knife with a double-edged blade)
- sling shot
- straight razors
- brass knuckles
- billy clubs
You can be charged just for possessing many of these items.
- Possessing illegal firearms or ammunition
- Carrying a concealed weapon (CCW)
- Carrying a weapon with the intent to commit a crime
- Brandishing a firearm in public
- Felon with a firearm
- Trafficking firearms
- Providing weapons to minors
- Gang-related activity
- Loaded gun that is immediately accessible in your car
- Unloaded gun with ammo readily available in a vehicle
Federal Weapons Charges:
Unlawful possession: Every state has laws that restrict access to and possession of certain dangerous weapons. You can be charged and convicted of possessing an illegal weapon, even if no one was hurt, threatened, or even saw the armament. A firearm identification card or permit is needed
Prohibited locations: It is against the law to carry a concealed weapon in certain areas including school grounds, federal buildings, and property, court facilities, polling places on election day.
Prohibited Possessors: Certain individuals are banned outright from possessing a dangerous weapon. The prohibition includes someone who is on probation for domestic violence or a felony; who is serving a jail or prison sentence; or who is an undocumented immigrant.
Firearms trafficking: it is unlawful to smuggle weapons or ammunition across state lines or national borders
Use of weapons in the commission of crimes: Some of the more severe weapons charges involve using a weapon for the purpose of committing a crime. A misdemeanor charge can be elevated to a felony when a firearm is involved. Many states don’t even require an actual injury to result
Weapons Crimes: Discharging a firearm illegally
- assaulting someone with a deadly weapon
- aggravated assault
- drive-by shooting
Common Defenses to Weapons Charges
- mutual combat
- Proof that the instrument was not a weapon.
- Demonstrate that you have a permit
- you are an out of state residents complying with the laws for transporting a gun in your home state
- lack of awareness that your FOIC card has expired
- prove that law enforcement authorities conducted an illegal search
- police arrested you without probable cause