Lower Merion Gun Crimes Lawyer

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You may have the right to bear arms, but gun ownership is still heavily regulated and restricted. Unlawful possession of a gun or using a gun in an illegal way may lead to serious charges. Get a lawyer who can help you defend yourself now.

Gun charges may carry severe penalties, including time behind bars. Some people, particularly those previously convicted of certain crimes, may be barred from ever having a gun. Simply having a gun under such conditions may lead to charges for illegal possession. The use of a gun during another crime may be considered a severe aggravating factor. Penalties are likely to be harsher, and Pennsylvania’s Sentencing Guidelines may require mandatory minimum sentences.

Get a private legal review for free from our gun crimes lawyers by calling Kenny, Burns & McGill at (215) 774-5644.

Gun Charges for People Prohibited from Having Firearms

Not everyone is allowed to carry a firearm. If you are a person prohibited from having a gun, you may face serious penalties simply for carrying one or keeping one in your home.

Who is Prohibited from Having a Firearm?

According to Pennsylvania law, people convicted of offenses explicitly mentioned by statute are prohibited from possessing, using, controlling, selling, or transferring firearms. Numerous crimes may disqualify a person from lawful gun ownership, including, but certainly not limited to…

Murder
Voluntary or involuntary manslaughter
Aggravated assault
Kidnapping
Rape
Burglary
Robbery

Many, if not most, disqualifying offenses involve violent felonies. If convicted, you may be barred from having a gun under almost any circumstances.

Penalties for Illegal Possession of a Firearm

Although it might not seem like a major issue to have a firearm in your possession while prohibited, the law says otherwise. Even if the gun is not used for any criminal activity, or even used at all, you may be charged with a second-degree felony for unlawful possession and face up to 10 years in prison.

If you have been convicted of illegal possession at least once before, you may now be charged with a first-degree felony punishable by up to 20 years in prison.

How to Challenge Charges for Illegal Gun Possession

The key to charges for illegal possession of a firearm is evidence of the firearm itself. If the police do not have sufficient evidence to show that you had control of the alleged weapon, or if the evidence was seized illegally, our gun crimes attorneys can urge the court to dismiss the case. If we must go to trial, we may convince the jury that there is not enough evidence to convict.

How Gun Charges Affect Criminal Sentencing in Lower Merion

Gun charges tend to lead to much harsher sentencing than if a gun was not involved. Even if you are not a person prohibited from having a gun and the gun allegedly involved was obtained legally, the fact that it was present during a crime may work against you.

Aggravating Factors

The mere presence of the gun during a crime will likely be considered a serious aggravating factor. Even if you did not use the gun, its presence will be used to justify harsher penalties. This is especially crucial in cases where the judge has broader discretion at sentencing, and aggravating factors, such as the presence of a gun, will sway their decision.

Pennsylvania Sentencing Guidelines

Judges must impose criminal sentences according to the Pennsylvania Sentencing Guidelines. While the Guidelines allow some room for discretion, judges must adhere to specific sentencing ranges. However, these ranges may be affected by aggravating factors, like the presence of firearms.

More specifically, the Guidelines may require “deadly weapon enhancements” in cases where a deadly weapon, like a gun, is used or present during a crime. The judge has no discretion to refuse the enhancement here, and penalties will almost certainly be harsher.

Statutory Minimum Sentences

Certain offenses may come with statutory minimum sentencing requirements if a gun is proven to have been present during the crime. This means that the defendant must serve a minimum sentence as determined by statute. Mandatory minimum sentences are often higher than standard minimum sentences, and they vary based on the underlying offense and relevant statutes.

How You Can Fight Gun Crime Charges

Gun charges can feel insurmountable, but a lawyer can help you mount an effective defense.

Fourth Amendment Violations

To secure a conviction related to gun charges, prosecutors must present sufficient evidence of the firearm. Evidence must be seized by law enforcement legally for it to be admitted in court.

If the police seized the weapon and related evidence without a search warrant, we must make them prove that an exception to the warrant rule existed. If they can prove no such thing, we should file a motion to exclude evidence of the gun from the case.

Lack of Intent or Knowledge

In some cases, the defendant argues that they had no idea the gun existed. Perhaps they were pulled over, and the police found a gun inside the vehicle. Later, the authorities might have realized the driver was prohibited from having a gun and assessed charges for illegal possession.

However, if the gun did not belong to the driver and was placed in the vehicle by someone else (e.g., a friend, family member, or other relative with access to the vehicle), the driver might lack the intent needed to be convicted.

Can You Be Charged with a Gun Crime if the Gun Belongs to Someone Else?

Yes. You do not have to legally own a gun to be charged with a gun crime or illegal possession. Many defendants face gun charges in relation to firearms that were borrowed or even stolen.

Are Gun Charges Always Felonies?

Many gun charges, including illegal possession by a person prohibited, are serious felonies. While certain gun crimes may be charged as misdemeanors, these offenses usually do not involve violence, and the defendant is legally allowed to own the gun.

Can You Get a Plea Deal for Gun Charges in Lower Merion?

Possibly. Plea deals must be offered by prosecutors, and they are not offered in every case. Whether you receive an offer for a plea deal may depend on the nature of the charges, the evidence, and relevant aggravating and mitigating factors.