Several laws restricting the use and ownership of guns and firearms prevail in the US. Under federal law, some people are prohibited from the sale, possession, purchase, or use of guns. The common Federal firearm violations include:
- Illegal carrying of firearms by a prohibited person
● Possession of a gun firearm during a crime
● Possession of unlicensed weapon at home or work
● Illegal altering or removal of the gun’s serial number
So, if you are charged for guns and firearms crime regardless of your lawful intentions, you are at a risk of facing harsh penalties. Hiring a well-known criminal defense attorney is of utmost importance as they are qualified to deal with this complicated matter.
Failure to do so can cause you serious consequences, including heavy fines, loss of gun rights, and even imprisonment.
What Should You Do When Charged for Guns and Firearms Crimes?
Talking to law enforcement officers and prosecutors after your arrest can put you into deep trouble. It is best to refrain from making any statements to the police or prosecutor, decreasing the attorney’s chances of proving your innocence.
The prosecutors have to prove the gun crime to receive a conviction. The attorney will make every effort to fight the allegations you are facing and develop a defense strategy.
There are some defenses your attorney can use:
1. Duress
In order to prove not guilty of an unlawful gun possession crime, the attorney may use duress depending on your situation. A person under duress cannot be guilty of a federal unlawful gun possession crime. The attorney has to prove that your life was in imminent danger and you were protecting yourself against death or serious bodily injury.
2. Constitutional Defense
If the firearm was seized as a result of an unlawful search, the attorney could defend you by showing that your arrest and subsequent detention were unconstitutional. The Fourth Amendment of the Constitution protects any person from unreasonable searches and seizures.
3. Lack of Possession
Firearm offenses require the defendant to have the firearm in their possession. This is difficult to prove by the prosecution. A skilled attorney will examine your facts and see if this defense is a viable option for your case.
Some other defenses that can be used to challenge the prosecution’s evidence against you:
- You do not fall into any of the federal laws restricted categories
- Previously you were not convicted of a felony
- There is a lack of evidence by the prosecution to prove the crime.
An experienced attorney knows the inside and out of the legal procedures, and even if you are found guilty, the attorney will work towards obtaining a reduced sentence for you. The attorney can use facts such as this is your first firearms offense, your good character, and non-violent history, no criminal intentions, etc., which can contribute to a more lenient sentence.
Being accused of a gun and firearms crime is a difficult situation that can only be handled by hiring an experienced criminal defense lawyer who will ensure your rights are protected from the beginning of the case.
