Possession of a Firearm in Cayce

The Second Amendment gives people the right to bear arms, however, not just anyone can obtain a gun legally. Law enforcement takes gun laws seriously, which is why it is vital not to break them.

If you are facing possession of a firearm in Cayce charges, you could get jail time. To see what legal options you may have going forward, it is essential to call a dedicated attorney as soon as possible.

Criminal History Can Prevent Owning a Firearm

If someone is a felon, they are prohibited from caring any type of weapon or ammunition. A felony is described under federal laws as any crime that carries over one-year potential jail sentence. Even if the person did not go to jail, but the crime had the potential penalty that carried above one year, the person is considered a felon and is not able to possess a weapon.

A person can get charged at the state level with a separate crime and can get charged with an additional crime by the federal government. The penalty enhancements for felons are severe and used often in federal court.

Penalties for Unlawful Possession by a Felon

If someone has a felony, they are ineligible to carry a firearm unless they get a pardon from the federal government, which is almost impossible to get. A felon charged with possession of a firearm could face a punishment of up to 10 years in prison. The individual could still be eligible for probation, but it depends on their prior record. If someone has three or more prior convictions for a felony crime of violence, that person is facing a minimum sentence of 15 years without parole. That person is facing a minimum sentence of 15 years without parole if they have three or more prior convictions for a crime for a felony crime of violence. Violent crime charges include:

• Burglary
• Attempted Murder
• Robbery assault
• Drug trafficking 

If a person is arrested for possession of a firearm in Cayce, they should immediately hire an attorney. The lawyer can review the specific facts of their case and let the person know what they are facing. Depending on the facts and circumstance in the person’s prior criminal history, the answers could be different.

Violent Crime Charges

Violent crime offenses could be different at the state level versus the federal level. In South Carolina, a crime of violence is specifically defined and the state has specific crimes listed and those crimes are not the same as what the federal court lists. Types of crimes listed on both would be assault, battery of high and aggravated nature, and attempted murder. The lists for violent crime charges is long, which is why someone should seek legal counsel for more information.

Sentence for Possession of a Firearm in a Crime of Violence

The South Carolina Code Title 16 Section 23490 deals directly with firearms involving the commission of violent crimes. It is a separate criminal offense that is applied in these cases and carries up to five years of potential jail time. The court may impose a mandatory five-year sentence to run consecutively.

In this state, under Title 16 Section 23490, the service of the five-year sentence is mandatory unless the person has a longer mandatory minimum sentence for the violent crime. That means the person would have to serve if convicted, five years if the other crime that they were convicted of.

Call today to schedule your consultation regarding possession of a firearm in Cayce.