The Second Amendment guarantees one’s right to bear arms. However, it is essential to keep in mind that your gun rights aren’t unlimited. All gun owners, dealers, and collectors must follow the laws if they wish to possess or sell firearms. If you disobey the state and federal laws, you may find yourself in trouble, especially if you have recently threatened someone without prior provocation. Virginia is one of the states that have the strictest gun laws. These laws determine the type of weapon you can carry, as well as where and when you can carry it.
Gun Charges In Virginia
In case you are caught breaking the law, such as obtaining the wrong kind of weapon or carrying them in places that are prohibited, you will be facing a gun or weapons violation. In case you are facing gun charges, it is imperative to reach out to a leading criminal defense lawyer Naum Estevez to defend your rights and ensure you don’t end up in jail or lose your right to bear firearms in the future.
Experts at the law office of Naum Estevez understand that you have a right to bear arms. We also understand how gun laws work and what kind of consequences you might suffer in case of a weapons violation. Our defense attorneys are determined to help you and work with you to come up with the best possible defense for your charges. If you have been charged with a weapon or gun violation, don’t hesitate to contact us today to discuss your case.
LICENSES TO CARRY AND GUN PERMITS
To purchase and carry a gun, you need to obtain a permit. This license is typically known as the Firearm Owner’s Identification Card, and without you, you cannot get a gun legally. Gun laws, like other laws in the US, frequently change and it may be hard to stay up to date. It is worth knowing that in most states, you cannot carry a gun outside of your own home. Specific regulations allow individuals to carry concealed weapons with a special permit.
CONVICTED FELONS AND WEAPONS
If you have been convicted of a felony, you are not allowed to obtain a license to carry firearms. You also cannot obtain a permit to carry a concealed weapon. In case you illegally get a gun and are caught carrying it, you will face severe consequences and charges such as the Unlawful Use of a Weapon by a Felon charge. Depending on your felony conviction, and other circumstances of your case, you may end up spending up to 15 years in prison.
In case you have more than one felony convictions, and you are caught with a gun, you may be labeled as an Armed Habitual Criminal. In that case, you will be facing a Class X felony that carries no possibility of probation and up to 30 years in prison. In case you find yourself in this or similar position, it is of utmost importance to immediately contact the law firm of Naum Estevez to assist you. Our experts will do their best to reduce the charges and ensure you don’t face any additional charges.
Although you may have obtained a gun license, some types of firearms are by the law strictly forbidden to possess or carry. Among others, these include bombs and grenades, explosive bullets, machine guns, bludgeons, sawed-off shotguns, ballistic knives, poison gas and tear gas, throwing stars, metal knuckles and so on.
GUNS AND YOUR LEGAL RIGHTS
If you have been charged with the illegal possession of a weapon, or another firearms-related crime it is vital to contact an experienced attorney such Naum Estevez to discuss your legal options. Our law firm can help you understand what federal or state law you have violated and what being charged with this crime means. We will also navigate you through the legal system and elements of your crime, and discuss potential defenses. Lastly, we will also consider possible penalties for the committed crime and the length of the sentence.
MANDATORY MINIMUM SENTENCING
Firearms crimes usually have mandatory minimum sentences – the absolute minimum sentence that you must serve in case of a conviction. Mandatory sentencing applies even to first-time offenders. For example, a first-time offender who has been caught illegally wearing a gun will be sentenced to a minimum of 18 months imprisonment. Since all offenders are facing harsh sentences, it is essential to retain the assistance of an experienced attorney as soon as possible. Our experts will analyze all the facts of your case and immediately start preparing your defense.
WEAPON CHARGES DEFENSE
Some of the possible weapon charges defenses include motions to suppress evidence, lack of possession, and knowledge of the gun.
Motions to suppress evidence: In case your firearm was seized as a result of an unlawful search, it may be possible to obtain a viable motion to suppress evidence. For example, if the weapon was taken from your car or home, a skilled attorney may use the Fourth Amendment to prove that the gun was seized in an unreasonable search. In that case, it can’t be used as evidence against you.
Lack of possession: Possession typically involves both control and power over a weapon. Under rare circumstances, such as if you were merely a passenger in the vehicle and lacked control over the gun, may be used to prove that you were not in fact in possession of the firearm.
Knowledge of the weapon: If the accused wasn’t aware of the firearm’s presence, along with possession of it, he or she could not be convicted of illegal gun possession or carrying. Our knowledgeable defense attorneys will carefully examine all the facts and see if this defense is a viable option.
AGGRESSIVE FIREARM, GUNS, AND WEAPONS CHARGES DEFENSE
The Law Offices of Naum Estevez has many years of experience in defending individuals against different types of firearm, gun, and weapon charges. These crimes carry harsh penalties and mandatory jail time. To avoid the possible consequences, you must obtain the best legal representation. Our attorneys provide unprecedented representation against firearm charges.
If you are not sure whether or not you are in violation of the law by possessing firearms, our law firm can help you clear your doubts. The law office of Naum Estevez has a team of knowledgeable lawyers who are ready to assist you. We can determine how best to proceed in the case, as well as what kind of defense will be most suitable in court. Call us today for a free phone or face-to-face consultation.