When facing any charges for gun crimes or illegal possession in Delaware, you need an attorney who can craft the appropriate defense, possibly negotiate a reduction in charges, and protect and advocate for your rights throughout a criminal trial.
Depending on the case, we may defend gun crimes by arguing lawful possession, unlawful search and seizure, or lack of knowledge. Using a gun during the commission of another crime can enhance the penalty upon conviction, so it is important to have a lawyer when facing these serious charges for aggravated assault, robbery, or burglary in Delaware County.
Get the free case evaluation you need by calling our gun crimes defense and illegal possession lawyers at the Liberty Law Team at (215) 826-3314.
How Can You Defend Gun Crimes in Delaware County?
Defending gun charges is possible once our lawyers learn more about the circumstances leading up to the arrest and the evidence law enforcement has.
Lack of Knowledge
Suppose a concealed weapon was in the vehicle you borrowed from your roommate. Our lawyers can argue that you lacked any knowledge that the firearm existed or was present in the vehicle, and that you did truly possess it or have any control over it.
Inoperability
For possession charges related to broken or antique firearms, our lawyers may prove that a firearm is inoperable. If it is not a functional firearm, it may not meet the legal definition for a firearm in Pennsylvania, and charges against you may be dropped.
Self-Defense
If you used a firearm and are now facing charges for aggravated assault, our attorneys may provide the much-needed context for the altercation, arguing that you were acting in self-defense or in defense of others by using the firearm.
Tell us about any witnesses who can testify in your defense and everything you can remember about the interaction.
Unlawful Search and Seizure
Firearms and other physical evidence obtained through an unlawful search or seizure should be inadmissible in court, even if that is the only evidence that the prosecution has to support the charges. If police officers performed a search without a warrant or probable cause, the evidence is inadmissible.
Gun Crime Defense + Illegal Possession FAQs
What is the Charge for Concealed Carrying without a License?
Carrying a concealed firearm without a license in your person or vehicle is charged as a first-degree misdemeanor in Delaware County. If you are a prohibited person who would be ineligible for a License to Carry Firearm (LTCF), you could face a third-degree felony charge for illegal possession.
What Counts as Illegal Possession of a Firearm in Delaware County?
Carrying a concealed weapon without an LTCF, being a “prohibited person” who cannot legally own a firearm or open carry it, possessing an illegal or altered weapon, or carrying a weapon in unauthorized areas are all examples of illegal possession of a firearm and can lead to charges.
Is Possession of a Firearm with an Altered Serial Number a Gun Crime in Delaware County?
Possessing a gun with an altered or removed serial number is illegal in Delaware County. It can be charged as a second-degree felony throughout Pennsylvania.
What if You Possess a Weapon on School Property in Delaware County?
Even if you have an LTCF, there are certain areas where you may never take your gun in Delaware County, such as schools. Possession of a weapon on school property is a first-degree misdemeanor in Pennsylvania.
Do You Need a Lawyer to Defend Charges for Gun Crimes?
Without a lawyer, you might think you have no other choice than to accept a deal and plead guilty to gun charges, so it is important to have an experienced attorney review your case and work on a defense.
How Do You Build a Defense Against Charges for Gun Crimes?
To build a defense against gun charges, we need to know more about what led to your arrest, whether the police violated your rights when seizing a weapon from your person, and everything you know or do not know about the charges.
What if You Use a Gun During the Commission of Another Crime?
Using a gun during the commission of another crime, like a robbery or assault, leads to enhanced penalties for defendants, who may face mandatory minimums for using a firearm during another crime.
Should You Plead Guilty to Gun Charges in Delaware County?
Pleading guilty to gun charges in Delaware County can have long-term effects on your life and your gun ownership rights in the future. Be cautious and do not accept the prosecution’s plea deal until we have reviewed it carefully and determined whether or not it is favorable to you and your future.
Can You Argue Self-Defense When Facing Gun Charges?
If you are facing charges related to a recent shooting in Delaware County, our gun crimes defense and illegal possession lawyers may be able to argue that you were acting only in self-defense or defense of others because of an imminent and serious threat to bodily injury.
Can You Argue Lack of Possession When Facing Gun Charges?
Just because a firearm was found in your general vicinity, like in your home that you share with family or roommates, does not mean it was under your possession and that you had any intent to exercise use of it in any way, and our lawyers may use this to clarify matters for the prosecution.
Can You Argue Invalid Search and Seizure When Facing Gun Charges?
If your person or property was searched without a warrant or probable cause, any firearms or other evidence found as a result of that search would most likely be inadmissible, meaning charges may never be filed or could be quickly dropped.
We Can Help You with Gun Crimes Defense in Delaware County
Call the Liberty Law Team’s gun crimes defense and illegal possession lawyers at (215) 826-3314 for a free case analysis.