Lakewood Gun Crime Lawyer
Criminal charges are always frightening to deal with, but charges may be much more severe when firearms are allegedly involved. If you were previously convicted of certain crimes, it might be illegal for you just to have a gun in your possession.
Gun charges are often serious felonies that may be punished with years behind bars. If you are unsure whether it is illegal for you to have a gun, talk to an attorney about your criminal history. Even if you are not prohibited from having a firearm, the presence of one during the alleged commission of a crime may lead to enhanced penalties or upgraded charges. As such, we should develop defense strategies that mitigate the presence of a weapon or firearm.
Get a private initial case evaluation by calling our gun crime attorneys at the Law Offices of Smith & White at (253) 525-8036.
Charges for Unlawful Possession of a Firearm
Certain people may be classified as “persons prohibited” from having firearms if they have been convicted of certain offenses before. If you are a person prohibited, simply having a gun is a crime, and you might face harsh charges and penalties.
According to R.C.W. § 9.41.040(1), a defendant may be charged with unlawful possession of a firearm in the first degree if they are believed to own, have access to, control, or have custody or possession of a firearm after having been previously convicted or found not guilty by reason of insanity of any “serious offense.” This is a Class B felony.
A serious offense is defined as a felony consisting of any violent crime, certain drug crimes, certain sexual crimes, organized crime, and more.
You may instead be charged with unlawful possession of a firearm in the second degree if you have possession of a firearm in a way that does not meet the criteria for unlawful possession of a firearm in the first degree, and you have previously been convicted or found not guilty of other specific offenses. This is a Class C felony.
How a Gun Can Affect Other Criminal Charges in Lakewood
Even if you are not prohibited from possessing a firearm, guns tend to make other criminal charges worse.
The presence of a firearm during the commission of other crimes may result in more severe charges for those crimes. A good example of how a firearm can make charges worse is assault cases.
Assault without a weapon is often charged as assault in the fourth degree and is charged as a gross misdemeanor. If a firearm is used to assault someone, the defendant may instead be charged with at least assault in the second degree, a Class A felony.
Even if a weapon does not change the grading of criminal charges, it may be considered by the judge during sentencing. Generally, when a weapon is determined to have been present during the commission of a crime, judges have the discretion to impose harsher sentencing terms.
How to Fight Gun Charges
Gun charges can feel overwhelming, but it is crucial that you and your lawyer carefully review the details of the case to develop an effective defense strategy.
We can begin your defense by questioning how the police obtained evidence of the gun. Was the gun seized illegally? If so, our gun crime attorneys can file a motion to suppress it and prevent it from being introduced as evidence. Without evidence of a firearm, the charges against you may be seriously weakened or even downgraded.
Another option is to negotiate a plea bargain with prosecutors. We may negotiate a plea deal where you plead guilty, and in return, prosecutors may drop weapons charges, thereby reducing the penalties.
In some cases, the best defense is to fight the charges in court. It is possible that the prosecutor’s evidence is not as strong as they think, and you might stand a chance of being acquitted.
Possible Penalties for Lakewood Gun Charges
As said before, charges for gun crimes tend to be serious felonies, although some may be charged as misdemeanors or gross misdemeanors. As such, the penalties may vary depending on your specific situation.
Unlawful possession in the first degree is a Class B felony. According to R.C.W. § 9A.20.021(1)(b), such a felony may be punished with a prison term of 10 years, a $20,000 fine, or both.
Unlawful possession in the second degree is a Class C felony that may be met with a prison term of 5 years, a $10,000 fine, or both.
Penalties in cases involving a more complex set of charges may be more difficult to determine. In some cases, the presence of a firearm may lead to enhanced charges. In others, it might only affect applicable sentencing guidelines.
What to Do if You Are Charged with a Gun Crime
If you or someone you know is arrested for an alleged offense involving a firearm, you should contact an attorney for help immediately. Even before formal charges are assessed, your lawyer may intervene on your behalf and protect your rights from being trampled by the authorities.
If you are facing gun charges, you might have to do something with other firearms you own. Often, defendants are required to surrender their firearms or store them in a secure location for safekeeping. Talk to your attorney and the police about what you have to do with any other firearms, as a violation here might cause even more trouble.
It is a good idea to start preparing your defense as soon as possible. If the police seize evidence illegally or prosecutors try to overcharge you, your lawyer may step in and assert your defense. They can also help you secure bail and demand that prosecutors hand over their evidence as soon as possible.
Call Our Lakewood Gun Crime Attorneys If You Are Facing Criminal Charges
Get a private initial case evaluation by calling our gun crime attorneys at the Law Offices of Smith & White at (253) 525-8036.