It is no surprise that guns are extremely dangerous and heavily regulated. If someone has a gun in violation of the law or uses a gun as part of a crime, they may face extremely serious criminal charges. Even so, you have the right to a legal defense, and you should call a lawyer right away.
Prosecutors often need the gun involved in the case as evidence. If the gun was seized illegally, we may have it excluded from the case, and the prosecutor may lose key evidence. It is also possible that your possession of the gun was legal, and the police were mistaken when they arrested you. Still, there might have been an illegal firearm in your home, but you had no idea it was there. Anything is possible, and your attorney can help you build a strong defense.
Call Kenny, Burns & McGill at (215) 423-5500 and ask our attorneys for firearm possession and gun crimes for a free, confidential case evaluation.
How Can I Challenge Criminal Charges for Gun Crimes in Bethlehem?
If you are charged with a gun crime in Bethlehem, PA, an attorney should help you figure out the most effective defense strategies possible. Remember, even though the authorities are working against you, you still have rights that must be protected.
The Gun Was Illegally Seized
For prosecutors to use a firearm as evidence in a criminal trial, the firearm must be lawfully seized by law enforcement in a legal search and seizure. Generally, the police need a search warrant. If they do not have a warrant, they must be able to claim that an exception to the warrant rule existed at the time of the search. If they did not have a warrant or a valid exception, the gun was likely seized illegally and should not be used against you.
Your Possession was Legal
In some cases, the defendant was actually in possession of the allegedly unlawful firearm legally. It is possible that you were stopped by the police with your firearm legally on your person, but you could not produce evidence of a valid gun permit. If you and your attorney can get official documentation of your valid gun license, you may get the charges dropped or dismissed.
Lack of Intent
To be charged with certain gun crimes, you must have a certain level of intent. For charges related to illegal possession, you must know about the gun in your possession. If someone stored an illegal gun in your home without your knowledge, and the police find it in a search and arrest you, our attorneys for firearm possession and gun crimes can argue that you should not be charged because you were completely unaware of the gun and had no control over it.
FAQs About How to Challenge Charges for Firearm Possession and Other Gun Crimes in Bethlehem
Can the Police Seize Firearms from My Home?
Yes. The police may enter your home and seize a firearm as evidence, but only if specific conditions are met. Generally, the police need a search warrant for your property. However, the police could search your home without a warrant if special circumstances exist that justify an exception to the warrant rule. For example, if you give consent to the police to enter your home and an illegal firearm is in plain view, they may take it as evidence without a warrant.
Why is Possession of a Firearm Illegal?
Possession of a firearm may be illegal even though Americans have a Second Amendment right to bear arms. This is because guns are heavily regulated, and they must be obtained through specific legal channels in order for possession to be legal. If you have a gun without a valid gun permit, or you are prohibited from having a gun because of a felony conviction, you may be criminally charged.
Is it Possible to Be Charged with a Gun Crime if I Legally Owned the Gun?
Yes. You might have a valid gun permit, and you may have obtained your firearm through the proper legal channels, but that does not mean you are immune from gun-related criminal charges. If you use a firearm, even one purchased legally, for an unlawful purpose (i.e., a crime), you may be charged. Even if there is no specific charge for the use of the gun, the fact that it was used at all will likely factor into criminal sentencing.
How Does the Presence of a Gun Affect a Criminal Case in Bethlehem?
When a gun is used or simply present during the commission of a crime, the charges for that crime may be graded more severely. For example, charges may increase in severity (e.g., a first-degree misdemeanor becomes a third-degree felony), or sentencing may be harsher. The Pennsylvania Sentencing Guidelines usually require that a convicted defendant’s sentence become harsher if a gun was used during the crime.
Should I Fight Gun Charges or Accept a Plea Agreement?
Whether you fight your charges in court or accept a plea deal from prosecutors is entirely up to you. However, you should consider these options carefully with advice from your lawyer. If the evidence against you is weak, or we can exclude evidence of the firearm, we may stand a better chance of fighting your charges at trial. If the evidence against you is strong and a conviction is likely, a plea deal might help you avoid more serious charges and serve a more lenient sentence.
How Do I Prove My Possession of a Firearm Was Legal?
How we prove your possession of a firearm was legal depends on the facts of your case. Perhaps you actually have a valid gun permit, but could not produce it at the time of your arrest. If we can find an official copy or documentation of your gun permit, we may be able to have the charges dropped or dismissed. Alternatively, if you were completely unaware of the gun in your home because it belonged to someone else, we may argue that you lacked the intent necessary to be convicted.
Why Are Some People Prohibited from Owning or Carrying a Firearm?
Certain people may be prohibited from having a firearm because they are legally prohibited due to a prior criminal conviction. Convictions for violent felonies often lead to restrictions on gun rights. However, you may also be prohibited if you have been convicted of at least 3 DUIs in a 5-year span, been adjudicated as mentally incompetent, or are illegally present in the United States, among other criteria.
Can I Have My Rights to Have a Firearm Restored?
Possibly. You may apply to have your gun rights restored, but restoration is not guaranteed. The court may grant restoration after a hearing to determine if you have met the necessary restoration criteria. These criteria include avoiding additional criminal convictions and having a character or reputation that indicates you are not a danger to the community.
Can I Go to Jail if I Illegally Have a Firearm?
Yes. Illegal possession of a firearm is often charged as a first-degree misdemeanor punishable by up to 5 years in jail. However, if the illegal possession is connected to another criminal offense, you may be charged with a third-degree felony punishable by up to 7 years in prison.
Get Help Now from Our Attorneys for Firearm Possession and Gun Crimes in Bethlehem
Call Kenny, Burns & McGill at (215) 423-5500 and ask our attorneys for firearm possession and gun crimes for a free, confidential case evaluation.
