Graham, WA Gun Crime Lawyer
Understanding gun crimes and how to fight them in court can be difficult. It is not inherently illegal to own a gun, but you may be charged for having a gun under the wrong circumstances or using one in illegal ways. If you are charged with a gun crime, seek immediate help from our legal team.
You may be charged with a gun crime simply for having a firearm without a proper license. Charges and penalties may vary based on whether you are a person prohibited from owning a gun. Even if you have a gun legally, transferring it without following strict legal procedures may lead to criminal charges. On top of everything, using a gun as part of a crime may lead to increased charges and penalties. People convicted of gun crimes may find their firearm rights restricted, possibly forever.
Ask our gun crime attorneys for a private legal evaluation when you call the Law Offices of Smith & White at (253) 203-1645.
How Are People Charged with Gun Crimes in Graham, WA?
Gun crimes can be complex because there are so many ways in which a person may be charged. Whatever your charges may involve, you should seek legal help right away.
Illegal Possession
Under Washington law, a person may be charged with unlawful possession of a firearm in the first degree if they own, control, or access a firearm after having been found guilty of a “serious offense.”
A serious offense includes any felony that is a crime of violence, a drug-related offense that is at least a Class B felony or has a maximum prison term of at least 10 years, or any felony from a statutory list of specific offenses.
You may also be charged if you have a firearm that is untraceable or undetectable at any time that you are subject to a protection or no-contact order.
Unlawful possession of a firearm in the first degree may be charged as a Class B felony that carries a prison term of up to 10 years, a fine of up to $20,000, or both.
Illegal Sale or Transfer
You might have lawful possession or ownership of a gun, but selling or transferring the weapon to someone else may lead to criminal charges if you do not follow the law.
No one may sell or transfer a firearm unless they are:
- A licensed firearm dealer
- Transferring to a licensed dealer, or
- The transferor and recipient of the firearm conduct the transfer through a licensed dealer.
A transfer may also be a criminal offense if you knowingly transfer the firearm to someone ineligible to have one, such as a person previously convicted of a disabling felony. To do so means you may be charged with a Class C felony punishable by up to 5 years in prison, a $10,000 fine, or both.
Using a Weapon to Commit a Crime
If a firearm is used in the commission of a crime, the charges and penalties for the alleged offense may be much more severe. The presence of a firearm is considered a serious aggravating factor and is usually factored into the Washington State Adult Sentencing Guidelines.
When a firearm is present during a crime, the sentencing guidelines may allow for a higher mandatory minimum sentence. Exactly what this looks like will depend on what kind of offense you are charged with, but you may see the minimum prison term increased by several years.
How You Can Fight Charges for Gun Crimes
How our gun crime lawyers fight your charges will depend on the nature of the alleged offense and how the firearm factors into the case.
You Have a Valid Gun License
Some defendants are charged with the unlawful possession of a firearm despite having a valid gun license. This is sometimes due to errors on the part of law enforcement or because the defendant could not produce a valid license when they were arrested.
If you have a license, tell your attorney right away. Our gun crime attorneys may be able to present the license to prosecutors and convince them to reduce or drop the charges.
Lack of Criminal Intent
Some gun crimes require a certain level of intent on the part of the defendant. For example, to be charged with the unlawful possession of a firearm, you must be aware of the firearm’s presence and your supposed access to it or control over it.
For example, if the police pull you over and find a firearm on your person when you are prohibited from having one, you may be arrested and charged. However, if the police enter your home and find a firearm that you were unaware existed, you may be able to fight the charges. The firearm may have come from a roommate or family member who stashed it in your house without telling you.
The Gun Was Seized by Law Enforcement Illegally
When charging someone with a gun crime, prosecutors typically must present evidence of the gun in court to secure a conviction. If the police seized the alleged firearm from you without a warrant, and they cannot prove that a valid exception to the warrant requirement existed, the gun may be considered illegal evidence and excluded from the trial.
Without evidence of the firearm, prosecutors may be unable to secure a conviction against you.
FAQs About Gun Crime Charges in Graham, WA
What Are Possible Charges for Gun Crimes?
Charges for gun crimes may include, but are not limited to, unlawful possession, illegal transfers or sales, or using a gun as part of another crime, like robbery. Guns are very heavily regulated, so you should speak to an attorney before doing anything with your firearm.
How Can You Challenge Charges for Gun Crimes?
You may fight certain gun crimes by refuting your alleged intent. For example, if you were unaware that a roommate stashed a gun in your home, you should not be convicted of unlawful possession. In other cases, if the police seize the gun as evidence illegally, it may be excluded as evidence, and the case against you may be severely weakened.
What Are the Penalties if You Are Convicted of a Gun Crime?
Penalties for gun crimes vary based on the nature of the offense. Unlawful possession may be charged as a Class B felony with a prison term of up to 10 years. Using a gun as part of another crime may increase the mandatory minimum sentencing requirements for that crime, meaning you may spend longer behind bars before becoming eligible for parole, if convicted.
Can You Be Charged with a Gun Crime if You Have a Valid Gun License?
Yes. Having a valid gun license does not mean that a person may do whatever they want with a firearm. You must still abide by very strict laws regarding how and where you may carry a firearm. Having a firearm in a place prohibited, like a school or government building, may still lead to criminal charges even if you have a valid gun license.
Can You Legally Own a Gun if You Were Previously Convicted of a Gun Crime?
If you were previously convicted of a felony, you likely cannot lawfully possess a firearm under almost any circumstances. Prior conviction for violent felonies, or for any felony contained within a specific list of offenses under the state statute for unlawful possession, you may be prohibited from having a gun. If this is the case, talk to your lawyer about whether you can have your gun rights restored.
Ask Our Gun Crime Lawyers in Graham, WA to Review Your Case
Ask our gun crime attorneys for a private legal evaluation when you call the Law Offices of Smith & White at (253) 203-1645.