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
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.
Auburn gun attorneys have seen some of the most common gun-related offenses, that 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 says 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. Persons 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.
Carrying a Gun
In recent years, some states, including Alabama, have become more hospitable to allowing persons to carry firearms in public places. However, owners of particular establishments have the choice of asking a person to leave. In such situations, failure to leave within a reasonable time, or refusing to leave, is a criminal offense known as criminal trespass. An Auburn gun lawyer can try to ensure that your rights are being protected.
Dealing with Criminal Charges
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.”
Like several other states, Alabama has enacted a “stand your ground” law. This sort of no duty to retreat law is a justification in a criminal case, whereby 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 and professional experts 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 a Gun Lawyer
No one should have to face criminal charges for exercising their Second Amendment rights. Auburn gun attorneys 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.