University Place Gun Crime Lawyer
While it is not inherently illegal to own a firearm, guns tend to be met with a certain level of skepticism. For some, simply being in possession of a firearm is illegal. For others, criminal charges may apply depending on what they do with a firearm, even if it is not used in a violent crime. If you are facing gun charges, call a defense attorney immediately.
Numerous criminal charges may be assessed in relation to firearms, including but not limited to, unlawful possession, altering the physical gun, or illegally delivering a gun. Your attorney can help you determine the best defense strategies to fight your charges. We can challenge your alleged criminal intent, the validity of the prosecutor’s offense, and possibly explore justification defenses. Sentencing for gun crimes may be very harsh, and you should contact an attorney as soon as possible.
Speak to our gun crime lawyers about a free case assessment by calling the Law Offices of Smith & White at (253) 525-8036.
Possible Criminal Charges for Gun Crimes
While many defendants face gun charges because they used a gun during a violent crime, others are charged simply because they had a gun when they were not supposed to. Either way, the penalties may be severe, and you should call a lawyer immediately.
Unlawful Possession
While it is not necessarily illegal to have a gun, certain people may be legally disqualified from having a firearm if they have been convicted of certain crimes in the past.
According to R.C.W. § 9.41.040(1)(a), a person may be guilty of unlawful possession of a firearm in the first degree if they own or have access to a gun and were previously convicted of a “serious offense.” A serious offense is defined under § 9.41.010(42) and includes a lengthy list of offenses.
Unlawful possession in the first degree may be charged as a Class B felony.
Alteration of Identifying Marks
Even if you legally own a firearm, there are laws about how you may make alterations. One thing you cannot do is alter important identifying marks on a firearm, like serial numbers. Not only is this illegal, but a missing serial number is a classic sign that a gun has been purchased or sold illegally.
According to § 9.41.140, simply having a gun where identification marks have been removed may be considered prima facie evidence that the person in possession of the gun is the one who made the illegal alterations.
Delivery to Ineligible Persons
Someone who sells firearms must always make sure that those purchasing them are legally allowed to do so. If someone sells or otherwise delivers a firearm to an ineligible person, they may be charged under § 9.41.080. Such an offense may be graded as a Class felony.
How to Challenge Charges for Gun Crimes in University Place
Gun charges may arise under a wide variety of circumstances, and each case deserves an individually tailored defense strategy. Your attorney can help you decide which strategies may work best for you. Some common strategies are described below.
Lack of Intent or Knowledge
A major element of many gun charges is the defendant’s alleged intent. Often, a defendant must know their possession of a gun is illegal and choose to have one anyway. Even if the gun is not theirs, they might know that it is in their home and that they have access to it.
If you had no idea that the gun existed, or you tried to persuade the owner of the gun to remove it because you are ineligible to have one, our gun crime lawyers might be able to fight the charges. If someone else owned the gun, we should be prepared to identify them.
Illegal Evidence
When the police seize evidence, they must do so according to strict laws that protect your rights. Among these is your right to be free from unreasonable searches and seizures, and the police usually must have a warrant, barring special circumstances.
If the police seized the firearm in your case without a warrant, and they cannot claim a valid exception to the warrant requirement, the gun might be considered tainted evidence. When evidence is tainted, it may be suppressed and kept out of the trial, meaning it will not be used against you.
Justifications
If you did indeed have a gun, did you have a good reason for it? Sometimes, criminal actions may be justified, and defendants can avoid a conviction, but only under certain circumstances. A common justification is self-defense. You might have needed to use a gun to defend yourself from what you believed was imminent, deadly force.
Possible Sentencing for Gun Crimes in University Place
Gun crimes are not taken lightly, and a conviction may lead to very serious penalties. If you are charged with a gun crime, seek help from an attorney immediately.
Standard Sentencing
Many gun crimes are charged as serious felonies with standard sentencing terms spelled out under R.C.W. § 9A.20.021(1). Felonies are divided into three categories based on their severity: Class A, B, and C felonies.
A Class A felony is one of the most severe charges you may face and tends to apply in cases of violent crimes, often involving guns. Such a felony may be punished with a prison term of up to life, a fine of $50,000, or both.
Class B misdemeanors are punishable by a $20,000 fine, a prison term of up to 10 years, or both.
Finally, Class felonies may be met with prison sentences of up to 5 years, a $10,000 fine, or both.
Adjustments to Standard Sentencing
While the above sentences are standard for felony cases, certain charges involving firearms may be subject to sentencing adjustments. Typically, if a gun is involved, a standard sentence may become harsher.
According to § 9.94A.533(3), when a defendant is sentenced for a crime eligible for firearm enhancements, the sentence may be increased. A Class A felony sentence may be increased by 5 years. A Class B felony sentence may be increased by 3 years. A Class C felony sentence may be increased by 18 months.
Remember, this only applies to certain offenses that are specifically eligible for a firearm enhancement. Check with your attorney to see whether your charges are eligible.
Speak to Our University Place Gun Crime Attorneys for Legal Help Today
Speak to our gun crime lawyers about a free case assessment by calling the Law Offices of Smith & White at (253) 525-8036.