Upper Darby Attorney for Gun Crimes

Although the Second Amendment protects our right to bear arms, this right comes with heavy restrictions. Guns may be illegal under numerous circumstances. The presence of a gun during the commission of a crime, even if the gun is not fired, may lead to very serious criminal charges.

Certain people may be ineligible to purchase, own, or possess firearms. If they are found to have a gun in violation of the law, they may be charged just for having it. In many cases, those prohibited from having a gun have previously been convicted of certain crimes, although other conditions might also make you ineligible. Penalties can be serious, and many defendants face felony charges. If you are charged with the commission of a new crime and a gun was involved, the gun may make the charges higher and the potential penalties worse.

For a free, confidential case assessment, call our lawyers for gun crimes at the Liberty Law Team at (215) 826-3314.

Criminal Charges for the Illegal Possession of a Gun

Simply having a gun in your possession may be a crime if you are legally ineligible for gun ownership. According to 18 Pa.C.S. § 6105(a), certain people may be barred from having a gun for numerous reasons. If you have been convicted of a crime listed within subsection (b) of the statute, you may not be permitted to have a gun in your possession.

The list of offenses that may make you ineligible for gun ownership is long, and it includes a variety of violent and otherwise serious felonies. For example, just a few of these offenses include homicide offenses, assault, sexual crimes, kidnapping, and other serious crimes.

However, you may be barred from having a gun under other circumstances. For example, the law states that people convicted of certain drug crimes may not have guns. It also says that people adjudicated incompetent or those who have been involuntarily committed to a mental institution may not have guns, among many other reasons.

Penalties for Illegally Having a Gun in Upper Darby

The penalties for illegally having a gun are serious, and you should contact an attorney immediately if you are charged with such an offense.

According to 18 Pa.C.S. § 6105(a.1), if you were previously convicted of a felony enumerated within the statute or certain drug offenses may be charged with a second-degree felony for the illegal possession of a firearm. However, under certain circumstances, you could face charges for first-degree felonies.

Some people might be charged with misdemeanors instead. For example, if you have a gun in violation of a protection order imposed against you, you may face charges for second-degree misdemeanors.

How a Gun May Affect Sentencing for Criminal Charges

If you are charged with a criminal offense in which you are alleged to have used a firearm, the potential penalties for the crime may be much worse. The presence of a gun is a serious aggravating factor that significantly affects sentencing after a conviction.

According to 42 Pa.C.S. § 9712(a), crimes involving a firearm may be subject to certain mandatory sentencing requirements. If anyone is convicted of a violent crime in which they visibly possessed a firearm or a replica of a firearm, they must be sentenced to no less than 5 years in prison without any eligibility for parole, probation, work release, or furlough.

Mandatory minimums sentencing must apply even if the gun was not loaded or functional. The key is that the defendant used the weapon or replica to place the victim in fear of serious injury or death.

How to Fight Your Gun Crime Charges in Upper Darby

Gun charges can be intimidating, but they are not insurmountable.

One way to challenge your charges is to examine the legality of the prosecutor’s evidence. Perhaps the most important piece of evidence against you is the gun itself. If the police seized the weapon without a warrant or an exception to the warrant requirement, the gun might be considered illegal evidence. As such, our lawyers for gun crimes can file a motion to have it excluded, and the whole case might begin to fall apart.

It is instead possible that you are not the person who committed the crime, and a serious mistake has occurred. Do you have an alibi? If you did not commit the underlying crime, whatever it might be, you should not face penalties for having the gun if your possession was legal.

Perhaps you really did have the gun, but you have a valid license to have the gun and were not using it for anything illegal. The police might have been mistaken about the situation and arrested you when you really had the gun legally.

What to Do if You Are Arrested for an Alleged Gun Crime in Upper Darby

Being arrested is never easy, but you must be careful about how you conduct yourself, as you could make the situation worse if you try to resist. If you are arrested, cooperate with the police even if you believe the arrest is bogus or unlawful.

After getting to the police station and being booked, ask to call an attorney. The police may want to question you about the alleged offense, but you have the right to stay silent and the right to have a lawyer present if you choose to answer questions. Do not answer police questions without a lawyer.

Why You Need an Attorney to Help You Fight Gun Crime Charges

It might be tempting to try to handle your criminal case on your own, but this is a bad idea.

Navigating the case through the complex court system is extremely challenging. Your attorney should be familiar with the inner workings of the state and local criminal justice systems, and they are prepared to help you steer your case.

Your attorney should also know how to understand the evidence and facts surrounding your case, how the law applies, and the best way to develop effective defense strategies. These skills are necessary to identify the best defense strategy and build the strongest case possible.

Contact Our Upper Darby Attorneys for Gun Crimes Immediately

For a free, confidential case assessment, call our lawyers for gun crimes at the Liberty Law Team at (215) 826-3314.