Auburn, WA Gun Crime Defense Lawyer

Guns are not inherently illegal, but they are very dangerous and strictly regulated. If you violate laws regarding how to lawfully own a firearm, or you are accused of using a firearm as part of a crime, you may face very serious charges.

Many people are charged with gun crimes because they are prohibited from having a firearm due to a prior conviction. When defendants are convicted of certain crimes, often violent felonies, drug crimes, or crimes involving firearms, they may lose their rights to legally own a gun. Even if you are not prohibited from having a gun, using a gun as part of a crime may lead to upgraded charges and penalties. Whatever your specific charges are, seek help from a qualified lawyer.

Ask our gun crime defense attorneys for a free, confidential legal evaluation by calling the Law Offices of Smith & White at (253) 203-1645.

How Can Someone Be Charged with Gun Crimes in Auburn, WA?

Gun charges can be tricky because there are so many ways in which a person may be charged with a gun crime. Below are just a few examples of gun charges in Auburn, WA.

Illegal Possession

While the Second Amendment grants you the right to “bear arms,” it does not grant you the right to go out and get a gun completely unrestricted. You must navigate specific legal channels to obtain a gun. If you do not, you may be criminally charged.

For example, obtaining a gun without a proper gun license or lying about information needed to obtain a gun license may lead to criminal charges, even if you do not use the gun as part of a crime.

Possession by a Person Prohibited

Some people are not allowed to own a gun at all. People may lose their gun rights under numerous circumstances, but the most common reason is a prior conviction for a serious felony. Upon such a conviction, you may lose your gun rights, and you must relinquish any firearms you have according to specific legal protocols.

If you have a gun while prohibited, you may be criminally charged. You may be charged even if you do not do anything with the gun. Just having it is enough to be charged.

Using a Gun to Allegedly Commit a Crime

You might not be prohibited from having a gun, and you might even own a gun legally with a valid gun license, but you will be criminally charged if you use a gun as part of a crime.

For example, brandishing a gun to threaten or intimidate someone is a serious crime, even if the defendant legally owns the gun and is allowed to carry it. Using a gun as part of another crime may lead to upgraded charges for that crime and harsher penalties.

How You Can Fight Gun Crime Charges

The best way to fight gun charges will vary based on the nature of the alleged offense and how the crime supposedly occurred.

Illegally Seized Evidence

Warrantless searches are not illegal if the police can prove that they were operating under a specific legal exception. If they cannot prove such an exception, the seizure is illegal, and any evidence obtained, including a gun, should be excluded from the case.

If the gun is seized illegally and subsequently excluded from the case, it may be difficult or impossible for prosecutors to prove criminal elements regarding the gun. Sometimes, gun charges may be dropped completely if evidence of the gun is excluded.

Proof of Legal Possession

If you are criminally charged for allegedly having a gun without a valid gun license, proof of your license may be enough to get the charges dropped. The authorities often make mistakes, and you might have been charged due to a misunderstanding.

It is also possible that your license was missing or your copy had been destroyed. In that case, our gun crime defense attorneys can obtain another copy and prove that your gun was legally purchased and owned.

Challenging the Underlying Crime

People facing gun charges related to an underlying criminal offense (e.g., supposedly using a gun to commit a robbery), you may fight the gun charges by fighting the underlying charges.

If you are charged with using a gun to commit a robbery, the gun charges likely cannot stand if the robbery charges fail. If we have evidence that you did not commit the robbery, we may move to have the charges, including the gun charges, dropped or dismissed.

Consequences of Gun Crime Charges

Gun crimes often come with a myriad of consequences. While you may face legal penalties like jail time, you might also have to deal with collateral consequences.

Becoming a Person Prohibited

Being convicted of a gun crime or a crime involving a firearm may suddenly make a person prohibited from ever having firearms. Your gun rights may be lost upon conviction, and restoring them may be difficult.

Relinquishing Firearms

You may be required to relinquish your firearms. People convicted of gun crimes often are not allowed to retain any firearms they have, whether they purchased them legally or not.

You must follow specific procedures when relinquishing firearms. You cannot simply pass them to a friend. Often, people must hand their firearms over to the police.

Sentencing Enhancements

Even if the gun does not warrant separate charges, using a gun as part of a crime may lead to enhanced sentencing if you are found guilty. Some offenses, often violent offenses, will automatically be upgraded to more serious charges if a gun is proven to be present.

Even if charging upgrades do not occur, the presence of a gun will be used as an aggravating factor during sentencing, and the judge will likely impose a harsher sentence within the Washington State Sentencing Guidelines.

FAQs About Fighting Gun Charges in Auburn, WA

Do You Need a Lawyer if You Are Charged with a Gun Crime?

Yes. Gun crimes may lead to serious penalties, and they may be charged under complex circumstances. It may be extremely difficult to defend yourself against such charges without an experienced attorney.

How Can You Fight Gun Charges in Auburn, WA?

How you fight your charges depends on how and why you were charged. For example, if the police seized the gun illegally, we may work to have the gun excluded as evidence. Alternatively, if you are charged for allegedly using a gun as part of some other underlying crime, we can fight the gun charges by fighting the underlying charges.

How Does the Presence of a Firearm Affect Criminal Sentencing?

The presence of a firearm may be considered an aggravating factor during sentencing. When judges impose a sentence, they must follow sentencing matrices developed under the Washington State Sentencing Guidelines. The present of a firearm or deadly weapon may allow the judge to impose a much harsher sentence, especially if the gun is used to injure someone.

Can You Be Sent to Jail Because of a Gun Crime?

Yes. Gun crimes often lead to serious criminal charges, including felonies. If convicted, defendants risk spending years in jail or prison.

Contact Our Gun Crime Defense Lawyers in Auburn, WA Right Away

Ask our gun crime defense attorneys for a free, confidential legal evaluation by calling the Law Offices of Smith & White at (253) 203-1645.