Attorney For Guns And Weapons Defense In Amherst
A guns and weapons defense lawyer is someone you should retain immediately when you suspect that you’re already under investigation for a crime or if you are facing charges.
Although the second amendment to the U.S. Constitution provides every citizen the right to bear arms and this has been considered a foundation of American rights for years to come, it has also been the source of many debates and controversies recently.
An Amherst criminal defense lawyer can help you if you’ve already been charged.
Restrictions
Every state may further restrict the right to regulate ownership of such weapons and Amherst has numerous laws in place designed to regulate ownership of these weapons.
Furthermore, Amherst has laws that restrict the carry and the use of firearms throughout the state and it is all too easy to find yourself facing a weapons charge that could compromise your future on a conviction.
Protect Yourself
There are many different types of criminal weapons charges that might apply in your case and scheduling a consultation with an experienced criminal defense attorney is strongly recommended if you find yourself dealing with these possible criminal consequences.
Possession of an Unlicensed Weapon at Home or at Work
The Amherst general laws outline that it is illegal to possess a rifle, firearm, or shotgun without an appropriate permit or license, even if you only possess it in your place of business or in your home.
If you are convicted of this crime, you could be facing up to two years in prison for violating this law in Amherst.
Illegal Carrying of Weapons
Amherst general laws make it illegal to carry a loaded/unloaded gun knowingly if you don’t have the right license to do so if you have an illegal weapon, or if you were not present in your business location or your residence.
If you are caught with possession of a weapon that doesn’t have the right license, if you possess a dangerous weapon, or if you carry that weapon outside your place of business or home without a license to do so, a minimum of 18 months in prison may apply.
Heavy Firearms
If you are caught in possession of a sawed-off shotgun or machine gun, you might be looking at life behind bars. These punishments are some of the strictest across the country and require extensive experience provided by a knowledgeable criminal defense lawyer in Amherst.
Possession of a Firearm in the Commission of a Felony
In this situation, you may be charged with multiple crimes at the same time, all of which can carry stiff penalties and severe consequences. It is important for you to retain a criminal defense lawyer as soon as possible after you have been accused to protect your right to freedom.
If you are facing felony charges and are also charged with possessing a firearm during the commission of that crime, you could be looking at additional criminal consequences.
Possession
A conviction for possession of a firearm while carrying out a felony leads to a mandated minimum sentence of five years in prison. If that weapon is classified as a large-capacity one, your minimum sentence is ten years in prison.
Carrying a Rifle or Shotgun on a Public Way
You cannot carry a rifle or a shotgun on a public way, such as a sidewalk, street, or other public ground. Up to two years in prison and high fines may be assessed. In the event that it is a large-capacity weapon, you will be looking at ten years in prison and a minimum of a one-year sentence in Amherst, MA.
Illegal Discharge of Weapons
It is prohibited to discharge a weapon within 500 feet of someone’s property without the owner’s permission. You could spend as long as three months in prison, in addition to fines for being convicted of this charge.
Having a Loaded Firearm Under the Influence
It is illegal to have on you or possess inside a vehicle a loaded gun well under the influence of alcohol or drugs. It is no defense that you may have an appropriate permit for this weapon.
You can face as long as two and a half years in prison in addition to $5000 in fines for violating this law in Springfield.
Mandatory Minimum Sentencing and Firearms Crime
As learned from the detailed offenses above, it is not uncommon for mandatory minimum sentences to apply to these criminal charges. This means these are the absolute minimum that a judge can legally mandate that a defendant serves.
These are criticized because they often lead to significant injustice for a first-time offender, for example, who made one mistake like carrying an unlicensed firearm. But the judge may feel that the sentence is justified or not but still have to assess the mandatory minimums.
Weapons Gun Defense
An experienced weapons and guns defense attorney will look at all of the facts of your case and immediately begin to prepare a defense. Some of the most common defenses to weapons include lack of possession, motion to suppress evidence, and knowledge of the weapon.
Many firearms offenses mandate that you are in possession of the firearm or weapon and this is a very complex one in the legal arena that your lawyer can explore.
Evidence And Motions
Knowledge of the weapon means the prosecution bears the burden of proof to show that you knowingly possessed the weapon.
Motions to suppress evidence are typically brought up in cases in which your attorney is arguing that the authorities illegally obtained the evidence and therefore, it should be thrown out.
Get Immediate Help For You Gun & Weapons Possession Charge
For these complicated cases, you need someone who is thoroughly experienced in the field. Schedule a consultation with a dedicated Amherst criminal defense attorney as soon as possible after you have been accused of a crime.
