The Second Amendment may grant us the right to bear arms, but the law may still heavily restrict and regulate access to firearms. A person may be charged with numerous types of gun crimes. Even having a gun illegally is a crime. If you are charged, get help from a lawyer right away.

When charged with a crime allegedly involving a gun, you may have numerous defense options. Was the gun seized without a warrant? Do prosecutors have enough evidence to meet their burden of proof? Was your use of the firearm justified? Anything is possible. If you are charged with illegal possession, we may need to determine if you even possessed a gun or if you were aware of it. If not, it may be harder for prosecutors to prove their claims.

Request a private, free case evaluation from our gun crime defense and illegal possession lawyers by calling the Liberty Law Team at (215) 826-3314.

How to Fight Charges for Gun Crimes in Swarthmore

Fighting gun charges can be challenging, as the legal system is very wary of cases involving firearms. Even so, you have every right to defend yourself, and a lawyer can help you.

Challenge the Underlying Offense

Many defendants are accused of using firearms to commit other crimes. If this sounds like your situation, we can challenge the gun charges by fighting the underlying crime.

For example, someone might be charged with using a gun to commit aggravated assault. Rather than focus on fighting the allegations about the gun, they can focus on fighting the underlying aggravated assault charge. If that charge cannot stick, the charges related to the gun may also fail.

Insufficient Evidence

Do prosecutors even have evidence that a firearm was involved in the supposed crime? To prove gun-related charges, prosecutors must have enough evidence to prove the charges beyond a reasonable doubt.

Often, prosecutors may have weak evidence that falls short of meeting their burden. In such cases, we can challenge whatever evidence they do have, and the charges are more likely to fail. In some cases, we can file a motion to dismiss the case for a lack of evidence.

Self-Defense

Some defendants do not dispute that they committed the act alleged by prosecutors, but they claim that their actions were justified. Using a gun in self-defense is not unheard of, but the authorities might still charge you with a gun crime.

To prove claims of self-defense, we must prove that you reasonably believed that force was immediately necessary to protect yourself from unlawful force from someone else. In many cases, this means showing that you believed you had no other option than to use a gun to protect yourself, and that you had no option to retreat.

If you were attacked inside your home, the Castle Doctrine eliminates the duty to retreat.

Challenging Criminal Charges for the Illegal Possession of Firearms

Even if you did not use a gun as part of another crime, you can be charged just for having a gun in an illegal way.

Are You a Person Prohibited?

Some people are categorically barred from obtaining, possessing, or carrying a firearm, often because of a previous felony conviction. If you are a person prohibited from having a gun, you may be charged just for having one.

Did someone else bring the gun into your home without your knowledge? If so, we may argue that you lack the intent necessary to be convicted.

Do You Have a Valid Gun License?

You must have a license to carry if you plan to carry a firearm on your person. If you are a first-time offender and you are not charged with using the gun to commit a crime, we may have an easier time fighting the charges.

Were You Aware of the Gun in Your Possession?

A key element of possession is being aware that a firearm is under your control. If the police seize evidence of a firearm from your home, but you had no idea the gun existed, we can fight the element of intent.

Maybe someone you live with brought the gun into the home without your knowledge. If we can convince prosecutors you had no idea about the gun, they may agree to drop or reduce the charges.

How May the Authorities Seize Evidence of a Gun Crime?

Gun charges generally require some evidence of a firearm. If this evidence does not exist, was seized illegally, or should otherwise not be admitted into court, you may have a very strong defense.

Search Warrant

The police are required to have a search warrant before they search your private property for evidence. Barring special circumstances, evidence seized without a warrant is considered illegal and may be excluded from the case.

If the police seized the firearm in your case without a warrant, our gun crimes defense and illegal possession lawyers can file a motion to exclude the gun from the case so it cannot be used against you.

Warrantless Searches

As mentioned, special exceptions exist that allow the police to seize evidence without a warrant. For example, if the police are lawfully present in your home but not conducting a search (maybe they came to your house to ask a few questions and you invited them in), and they notice the gun out in the open, they may seize it under the “plain view” exception.

If the police claim that they lacked a warrant because special circumstances allowed for a warrantless search and seizure, we must make them prove it. If they cannot, the evidence should be excluded.

Can You Be Charged if You Legally Own Your Firearm?

Anyone can be charged with a gun crime if they use a firearm to commit a crime, even if they legally own the firearm. It may be impossible to own a gun legally if you are prohibited due to a previous felony conviction.

What Happens to Your Firearms if Your Gun Rights Become Restricted?

If you become a person prohibited from owning a firearm, you must relinquish any firearms you have to the authorities. If you are unsure how to relinquish your weapons, a defense lawyer can help you so you avoid further legal consequences.

Can You Go to Jail for Illegally Possessing a Firearm in Swarthmore?

Yes. A person convicted of illegal possession of a firearm as a person prohibited may be charged with a second-degree felony. If convicted, they face up to 10 years in prison.

Do You Need a Lawyer if You Are Charged with a Gun Crime?

Yes. Gun crimes are seldom met with leniency, especially if they are connected to an alleged violent crime. An attorney can help you understand your rights as a defendant, challenge the evidence, and hold the authorities accountable if they break protocol or do not adhere to legal procedures.

Ask Our Swarthmore Gun Crimes Defense + Illegal Possession Lawyers for Help

Request a private, free case evaluation from our gun crime defense and illegal possession lawyers by calling the Liberty Law Team at (215) 826-3314.