Affordable Gun Crimes Lawyer
In Salisbury, MD

Enhanced Penalties if Guns Are Used in a Crime

States have laws with enhanced sentences for crimes committed with a gun. Even displaying or attempting to use a gun during the commission of a crime earns a longer sentence. Because of the serious additional sentencing that can be tacked onto guilty verdicts, a person accused of a crime with a gun should consult an attorney immediately. An accused person can be charged with intending to show a gun as intimidation in an altercation or someone can be accused of attempting to use a gun to aid in the commission of a crime. Those are allegations that can be defended by an accused's attorney. Did a witness think the accused had a gun when he didn't? Did an accused attempt to use a gun to scare a victim? Maybe not. These are elements of a crime that the prosecutor must prove beyond a reasonable doubt. Those accused of committing any crimes involving guns should consult with an experienced local attorney and prepare a strategy for their defense.

The recent surge in gun violence in cities like Chicago, plus crimes with guns against school children across the country led to new laws prohibiting guns on or near school property. States also prohibit guns in theaters, churches, banks, etc. If you receive a permit to carry a gun in your state, take the time to get familiar with the restrictions on gun possession, travel, and use to avoid the serious consequences of being charged with violating a gun law.

Federal Gun Laws

Federal firearms crimes carry harsh penalties including mandatory minimum sentences that can be added on to prison time for an underlying crime. Crimes involving drugs or violence with a gun have mandatory minimums of up to 30 years for some crimes.

Federal law prohibits certain named categories of individuals from possessing a gun.

• Those convicted of domestic violence or under a domestic violence protection order
• Convicted felons
• Drug users
• Those adjudicated as mentally defective

Attorneys Successfully Defend Gun Crimes

Generally, almost all states attach sentences of one year or less for misdemeanor gun crimes and sentences over one year for felony gun offenses. Your criminal defense attorney is experienced in defending clients against all levels of gun crimes and has an arsenal of resources to help a defendant reach a plea deal or hopefully have charges dropped.

Your attorney will carefully evaluate an alibi that may place you in another location at the time of the offense. A witness's description of events or your actions during the alleged crime may be defeated by evidence that makes it unlikely or impossible for the witness to be accurately identifying you as the accused. Mistaken identity is one of the most common and successful defense strategies when a witness is used by the prosecutor for the primary evidence against you.

Police can make an illegal search or seizure of evidence while investigating crimes involving guns. There are strict rules police and investigators must follow while collecting evidence and taking an accused's statements. If Miranda rights were not properly and timely provided, that could result in charges being dropped. Prosecutors have to meet the high bar of proving an accused's guilt beyond a reasonable doubt. If a single juror believes there is a doubt about the accused's guilt, the jury cannot convict. If you believe you may be involved in a crime that involves a gun, it is in your best interest to consult with a criminal defense attorney who can discuss your options with you.

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