Every state has different laws regarding the possession and use of weapons, but mostly they are strict. This is why there are serious weapon charges for illegal possession, transportation, and distribution of weapons. Some of the weapon charges are against people with prior records who cannot legally possess firearms.
Many lawyers can help you with their skilled and experienced representation if you face weapon charges. It is important to know whether you can possess a firearm or not and what weapon charges are in case of illegal use and possession of firearms. Please continue reading below to learn all about it.
Who can be arrested if weapons are found in their possession?
It would help if you were careful when you have a firearm. It is essential that you have a valid license and not among the people mentioned below. People who fall under the falling categories will be arrested for possessing a firearm.
- A person who is under 18 years of age without any supervision from a guardian
- A person who is under substance abuse
- A person who was convicted of a felony
- A person who is a fugitive
- A person who is mentally ill
What is the sentence for weapon violation?
There are various regulations for weapons at both the federal level as well as the state level. Usually, states do not allow carrying weapons openly, and concealed carrying of weapons is only allowed for people with proper licenses and permits.
Brandishing of weapons is illegal, and pointing it at another person whether the weapon is loaded or not. Weapon crimes can be categorized from class A to D felonies.
The prison time for these felonies can range from 1 to 20 years and a fine of around 10,000 dollars. If the weapon is in possession or used by someone while they are committing another crime like robbery, then a sentence enhancement can be imposed by the court. This means the double of the sentence for the crime.
Types of weapon charges depending upon the offense
Dangerous weapons are those that can be used to cause injury or death. These weapons include mostly firearms, knives but can also include clubs and bats. Since these weapons can result in significant injuries to others, possessing, brandishing, and using them is an offense in most states.
Depending on your actions, you could even be charged with crimes. A skillful and experienced Las Vegas Weapons Charge Lawyer understands the various weapon charges the prosecutors can file against you. This is why skillful lawyers can provide professional representation if you are involved in:
1) Illegal possession
This weapon charge can be made against the one who possesses a weapon without a license or someone who is a convicted criminal in illegal possession of the weapon, as they are not allowed to possess a weapon or ammunition. Moreover, a domestic violence convict or someone under a restraining order cannot legally possess a weapon.
2) Weapon trafficking
This charge can be made for people who smuggle weapons or their ammunition. This crime is handled under federal law when the weapon comes into the states across the border. This charge does not include the illegal import and export of weapons.
3) Violent crimes
The unlawful use of weapons falls under violent crimes. These can include the following crimes:
Assault is a violent crime that involves causing physical injury with the weapon or even pointing the weapon at someone. If you are charged with assault of a weapon, the state will have to prove that you intentionally brandished your weapon and displayed it in a dangerous way to someone to intimidate them or harm them. Assault involving the display of a weapon is an aggravated misdemeanor, and if you are convicted, you can be jailed for less than two years or be ordered to pay a fine.
Another weapon charge for brandishing or use of a weapon is the intimidation with the dangerous weapon. This can occur if you discharge, shoot, launch, or throw a dangerous weapon at someone or near people. You can also be charged if you threaten to do any of the actions mentioned above. This will be a class D felony, but it will be termed as a class C felony if you injure someone. If found guilty, you can be sentenced to 10 years in prison and fined around $10,000.
c) Intentionally armed
This is also a felony that you can be charged with if found guilty. If you carry a weapon from one place to another with intent to use it on another person, then it is a crime, even if you do not show it to the other person. But again, the state will have to prove you guilty of this. If they prove it, you can be given a five-year sentence and be ordered to pay a fine of up to $7000 to $8000.
This weapon charge refers to the acquiring of weapons illegally, without any permit. So if you have obtained a firearm illegally, you will be charged with fraud.
So if you are accused of possessing a weapon illegally or with ill intent, then you can face a variety of serious weapon charges. If you are convicted, the consequences will depend on your criminal record and the seriousness of the weapon charges. They can range from heavy fines, probation, prison sentence, parole, and other serious results. Illegal possession of a weapon at the federal level can lead to 10 years of the prison sentence.
If you are a convicted criminal with prior records, this sentence can increase to 15 years or more. If you illegally possess, carry, or use a weapon while being involved in another crime, then you can be sentenced to 5 years in prison. The most serious weapon charges are applied when someone is seriously injured or killed.
Lawyers understand how prosecutors charge for weapon crimes, and they know what strategies to take to lessen the serious penalties for the crimes. They use tailored plans of action to defend the rights of their clients. For the charge to be applicable, the defendant should have intentionally and knowingly performed the crime.
Moreover, your Adras & Altig lawyer can invoke fourth amendment rights against illogical and unwarranted search and seizures. So if the weapon is searched or seized during an unlawful search, the evidence can be eliminated from the trial. An experienced and skilled criminal defense lawyer can lessen the charges against you and protect your rights by preventing serious penalties.