Although the Second Amendment to the U.S. Constitution secures the right to bear arms, there can be restrictions on your ability to possess and use guns. For example, if you have hurt others, have a prior criminal record, or have a restraining order.
If you are facing criminal charges involving a firearm, a Rochester gun lawyer can help you defend yourself. Whether you are facing charges for possessing a gun or using one in connection with another offense, a criminal defense attorney can evaluate your situation and act on your behalf.
Criminal charges involving guns are often classified into two main categories: illegal possession of a firearm and use of a firearm in connection with another illegal act. Possession may be based on restrictions placed on the person handling the gun, while a firearm used in connection with another act is less about ownership and more about how it furthers the offense.
For example, someone convicted of a felony is not allowed to own or possess a firearm in the future, which can lead to another felony charge. Carrying a firearm without the proper permit can also lead to a gross misdemeanor charge. Handling a firearm while intoxicated and negligently storing firearms can also result in charges.
A firearm can also increase the severity of a crime, such as turning assault into aggravated assault or robbery into aggravated robbery, which can lead to longer prison sentences and more fines. Some offenses are also easier to charge when a gun is involved, such as drug sales. For example, the sale of 17 grams or more of cocaine is a first-degree sale crime, but the sale of only 10 grams or more carries the same charge if the seller or an accomplice has a firearm.
Figuring out what gun offense you are being charged with and the possible penalties you face are essential first steps in a case. A Rochester gun attorney at Kohlmeyer Hagen, Law Office Chtd. can help you construct a compelling defense and protect your rights throughout the process.
A Rochester attorney can help someone suspected of a gun crime, even before a charge is brought. They can advise a suspect to avoid self-incrimination and protect their rights if they are in police custody.
If a suspect is formally charged with a gun crime and becomes a defendant, a lawyer can challenge the evidence collected by investigators and presented by the prosecution.
An individual can only be convicted of a crime if they are guilty beyond a reasonable doubt. Legal counsel can explore various defense strategies, such as proving a lack of intent, to get the charges dismissed.
A gun defense attorney can build a robust defense to avoid or reduce severe penalties.
Carrying a weapon can have consequences if you illegally possess it or use it to escalate another crime.
Even if you are otherwise allowed to carry a firearm, you could face jail time and fines if convicted of a criminal offense involving a weapon.
You can rely on the aid and knowledge of a Rochester gun lawyer from Kohlmeyer Hagen, Law Office Chtd. to help you defend against gun charges. To learn more about what our attorneys with over 50 years of criminal law experience can do for you, contact our offices to schedule a consultation.
