Criminal charges involving firearms can carry very serious penalties. If you are facing gun-related charges, it may be critical to discuss your case with an experienced defense lawyer who has knowledge relative to handling these kinds of cases. An Auburn gun lawyer can advise you on how local laws may affect your case. Read on to learn more about how a professional Auburn gun lawyer could make a difference in your case today.
Some of the most common gun-related offenses seen in Alabama can include:
- Illegal possession of a firearm
- Possession or use of a gun during the commission of a crime
- Owning a weapon that has been banned
- Illegally transporting a firearm across state lines
- Owning an unlicensed weapon
Even though the Second Amendment to the U.S. Constitution states that the right to keep and bear arms shall not be infringed, the courts have held that states have the power to enforce reasonable regulations of gun ownership. For example, convicted felons are often barred from owning guns, at least for some period of time. Those subject to protective orders may also have to surrender their guns. As a general rule, when firearms are used in the commission of a crime, the presence of the gun results in a substantially increased punishment. Reach out to a seasoned defense attorney to learn more.
Alabama’s Carry Laws
In recent years, some states, including Alabama, have become more hospitable to allowing individuals to carry firearms in public places. However, owners of particular establishments have the choice of asking someone to leave. In such situations, failure to leave within a reasonable time, or refusing to leave, is considered a criminal offense that is known as criminal trespass. An Auburn gun lawyer can try to ensure that the rights of individuals facing these situations are protected through aggressive representation in court.
Potential Defense Strategies
Weapons offenses can be prosecuted under state or federal law, depending on the circumstances of a specific case. Federal charges typically carry harsher penalties than state law offenses. Anyone facing criminal charges is entitled to the protections of the Bill of Rights, which includes specific limits on what the federal government can do. For example, the Fourth Amendment protects all Americans against unreasonable searches and seizures. It says that searches must be done in accordance with a warrant that particularly describes the place to be searched, and the persons or things to be seized.
Alabama’s Stand Your Ground Law
Like several other states, Alabama has enacted a stand your ground law. This law states that defendants can stand their ground and use force without retreating, in order to protect and defend themselves or others against threats or perceived threats. An Auburn gun lawyer who knows the ins and outs of gun laws will be able to put together a team of private investigators to investigate the case, consider the strengths and weaknesses of the prosecution’s evidence, and make an informed decision about whether to fight or to seek a plea arrangement.
Speaking with an Auburn Gun Lawyer
No one should have to face criminal charges for exercising their Second Amendment rights. A dedicated Auburn gun lawyer will aggressively challenge any evidence that the authorities try to use, forcing them to justify how that evidence was gathered and how it is relevant to the specific charges. If you are facing these charges, do not hesitate to reach out to a weathered Auburn gun lawyer to schedule your initial consultation today.