Weapons Charges Defense Attorney In Winston-Salem

While all criminal charges carry potentially serious consequences, when a weapon is allegedly involved, the stakes increase substantially. A lengthy prison sentence is a very real possibility and a conviction may mean that you will lose your right to possess firearms. That is why it is important to protect your rights with the help of an experienced criminal defense lawyer.

At The Law Offices of Karen D. Gerber, PLLC, in Winston-Salem, I can help you build a strong defense against both state and federal weapons charges. To find out how I can help you, call 336-725-6611.

I Handle All Types Of Criminal Charges Involving Weapons

I can help defend you against a wide range of criminal charges, including:

• Illegal possession of a firearm
• Illegal carrying of a concealed weapon
• Possession of a firearm during the commission of a felony
• Possession of a weapon with intent to commit a crime
• Unlawful discharge of a firearm
• Possession of illegal firearms and accessories, such as silencers and sawed-off shotguns

Remember, in the eyes of the law, a weapon is not limited to a gun. Knives, bats, chains, and any other object that may be used to threaten or inflict harm can result in a weapons charge and the possibility of a mandatory minimum prison term. We will attack the prosecution’s evidence to build the strongest possible defense and minimize the consequences.

What Makes A Weapons Charge Federal?

Most of the time, weapons charges are handled by state law. However, certain situations can make them federal crimes. Here are some reasons why a weapons charge might become a federal issue:

• Crossing state lines: If someone takes a weapon from one state to another and is not supposed to, the federal government can get involved because it deals with trade between states.
• Who has the weapon: Federal law says certain people, like those who have been in prison for a felony, those with domestic violence charges, or people with restraining orders, can’t have guns.
• Using a gun in other crimes: If someone uses a weapon for drug trafficking or violent crimes, it could become a federal case due to the seriousness of the crime.
• Illegal weapons: Possessing bombs, certain types of machine guns and other weapons is illegal under federal law. Having or selling these can lead to federal charges.
• Federal places or agents: If someone uses a weapon on federal property or against federal workers, it can be a federal crime.

Knowing when a weapons charge becomes federal is important to understand what might happen legally.

What Are The Federal Firearm Sentencing Guidelines?

Federal firearm sentencing guidelines help decide the punishment for people convicted of federal gun crimes. These guidelines look at different factors to figure out the right sentence. Here are some important points about these guidelines:

• The seriousness of the crime: Some gun crimes are more serious than others and have higher starting penalties.
• Past crimes: Someone with a criminal record, especially if they’ve committed crimes before, might get a harsher sentence.
• Details of the crime: What kind of weapon someone uses and how many guns were involved can affect the sentence.
• Connected crimes: If someone uses a gun in another crime, like robbery, the sentence might be longer.
• Taking responsibility: If someone admits they did something wrong and shows they’re sorry, they might get a lighter sentence.
• Role in the crime: The role someone played in the crime, whether they were in charge or just involved, can affect the sentence they receive.

These guidelines are meant to ensure that sentencing is fair and consistent while considering the specific details of each case.

What Is A ‘Felon In Possession’ Charge?

A “felon in possession” charge occurs when someone with a felony conviction is found with a gun or ammunition. The law tries to prevent dangerous people from having weapons. These charges can lead to big fines and long prison sentences. Federal law requires a minimum sentence, and the punishment can be worse if there are other problems.

Defenses against this charge can include questioning if the search was legal, arguing about who owns the gun, or claiming a violation of rights under the Second Amendment.

North Carolina Penalties For Weapon Charges

The potential consequences can vary depending on the exact nature of your charges, the type of weapon or weapons involved, your criminal history and any other mitigating or aggravating factors the court may consider. Possible penalties can include:

• Probation and community service: These are the lightest possible sentences and can be either supervised or unsupervised.
• Incarceration: Even a minor misdemeanor conviction can result in 1-120 days in jail, while a felony conviction can result in anywhere from a year to many years in prison.
• Fines: You may be required to pay hundreds or thousands of dollars in fines.
• Criminal history: Your criminal history can limit your housing, education, and employment opportunities and affect your professional licensing and voting rights.
• Firearm rights: You may no longer have the right to own firearms in the future.

Because North Carolina has very complicated sentencing rules upon conviction, you need an attorney to help you understand what you are facing so that you can make informed decisions.

Building A Strong Defense Against Weapon Charges In North Carolina

A strong defense against weapon charges in North Carolina is essential to mitigating penalties. I tailor a unique defense strategy for every client. A few key elements of a strong defense may include:

• Challenging the validity of the evidence against you, including security footage and the memories of witnesses
• Challenging the procedures used in the case, especially if there was a lack of probable cause involved or an illegal search and seizure
• Proving lack of intent – A defense may be built around evidence that you had no intention to violate the law
• Self-defense – If you were acting in defense of your person or property or defending another, that could play a significant role

In many cases, weapons charges can be negotiated down or dismissed altogether with the right approach.

Contact My Law Firm In North Carolina For A Free Consultation

If you are facing criminal weapons charges, get legal representation from a board-certified criminal defense specialist, a distinction held by only a small percentage of lawyers in North Carolina. Call 336-725-6611 or contact me online to schedule a free initial consultation to discuss your case.

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