If you have been charged with unlawful possession of a firearm, possession of a stolen firearm, or any other firearm possession charge, you could face serious consequences. Don’t risk your future and your reputation. Schedule a free initial consultation with our defense attorneys by calling (980) 237-4579 today. Our attorneys have decades of legal experience and have successfully gotten firearm charges dismissed in the past.
One of the most common types of gun offenses we handle at Randall & Stump, Criminal Defense Attorneys is unlawful possession of a weapon or firearm. There are several North Carolina statutes and Charlotte city ordinances, which prohibit certain individuals from carrying firearms or prohibit firearms in certain places. If the police believe you violated a state law or local ordinance, then you will be arrested and charged with a misdemeanor or felony offense.
This can be extremely frustrating when you are a lawful and responsible gun owner. You may feel strongly that you should not face gun possession charges. Unfortunately, disagreeing with the police or prosecutor will not resolve the situation. Instead, it is important to contact an experienced Charlotte gun charge defense lawyer at Randall & Stump, Criminal Defense Attorneys.
One of the most significant gun crimes you may be accused of is being a felon in possession of a firearm under NCGS 14-415.1. If you have one or more prior felony convictions, then your gun rights are permanently altered. As a convicted felon, you are not allowed to purchase, own, possess, or have in your custody or control any firearm or weapon of mass death or destruction.
If you are convicted of being a felon in possession of a firearm, your sentence is based on the minimum and maximum potential penalties for a Class G felony. You may be sentenced to between 10 and 25 months in prison. You also may be fined and subject to months or years of probation.
Your right to bear arms under the Second Amendment of the U.S. Constitution is not absolute. The federal government and individual states have the right to implement rules and restrictions in regard to gun ownership, sales and transfers, transportation, and possession. It is these rules that dictate when you can carry your handgun or rifle and where. If you fail to abide by these rules, you can be charged with a misdemeanor or felony offense.
Whether you are charged with a misdemeanor or felony gun possession offense in Charlotte, you can be sentenced to a term of incarceration.
Many firearm violations are Class A1 misdemeanors and Class 1 misdemeanors, which can be punished with up to 60 days or 45 days of incarceration, respectively, for first offenses. However, if you have one to four prior convictions, you can be sentenced to up to 75 days’ incarceration for a Class A1 misdemeanor.
If you are convicted of a felony offense for unlawful gun possession, then your minimum and maximum penalty depends on the class of the felony, between Class I and Class A. A Class I felony is the lowest possible felony, and it can be punished with four to 10 months of incarceration. The potential maximum punishment increases as you move through the classes.
When you are facing gun possession charges, it is essential you speak with an attorney from Randall & Stump, Criminal Defense Attorneys as soon as possible. You need to know about the law you are accused of violating as well as the potential penalty. You need to be aware of the factors that may influence your final punishment, including your criminal history. You also will need a Charlotte criminal lawyer to aggressively defend you against a misdemeanor or felony gun possession sentence, which can be harsh.
When you are charged with a relatively minor firearm offense in Charlotte, the prosecutor may offer you a deal in which you only pay a fine. However, do not immediately say yes to this and write a check. If you pay a fine for gun possession charges, then you are pleading guilty. You are admitting to the offense, and you will have a conviction on your record. This can have serious consequences in the future.
If you have a gun crime conviction on your record, you may have trouble buying new firearms in the future. You may not be able to obtain a concealed carry permit, your permit may be revoked, or your renewal application may be denied.
Before paying a fine for a firearm violation, always call a Charlotte weapon crimes lawyer to discuss your rights and legal options. You may have several defenses available to you. By aggressively defending yourself, your attorney may be able to have the charges dropped or exonerate at trial.