Common Columbia Gun Charges

The most common Columbia gun charge is the unlawful carrying of a pistol. This is by far the most common way an individual can be arrested for a firearm offense because it happens frequently at traffic stops. For instance, a person may be pulled over by the police and the driver has the gun stored under their set or in a bag in their backseat, which does not comply with the law. A person may also get an unlawful carrying of a firearm charge if they do not have a concealed weapon license. To learn more about the common Columbia gun charges, reach out to a seasoned gun attorney today.

Actual and Constructive Possession

There are two types of possession charges, actual possession and constructive possession. Which type of possession charge an individual face depends on the facts of the case. Actual possession is when the offender is caught with the firearm on their body or car. Constructive possession is when the individual has control of the gun without actually having it on their body or car.

When building a defense against constructive possession, a criminal defense lawyer will argue that just because the defendant was in the same presence of the weapon, that does not mean they knew where it was or had access to it. Speak with a lawyer today to learn more about how a legal professional could build a defense against a firearm possession charge.

Conspiracy to Violate Gun Laws

Another one of the common Columbia gun charges is the conspiracy to violate gun laws. A conspiracy offense is when the government believes they have evidence that at least two people have discussed, planned, or prepared to commit a crime that involves firearms. Conspiracy can be for any crime, including drug, theft, and violent crime. It just must include two or more people getting together and having a discussion to commit a specific crime.

Facing Additional Charges in a Gun Arrest

It is very common for an individual to face additional crimes in a gun arrest. In a violent case involving a gun, the officer is going to add the gun charge to whatever violent offense was being committed. For example, if a person used a firearm to commit robbery, they could be facing robbery and weapon charges. In many drug cases, a weapon is also found in possession of the offender.

Prosecuting a Gun Charge Case in Columbia

In every criminal case, the prosecution carries the burden of proof. This means that in an unlawful carrying of a pistol case, the prosecutor must prove beyond a reasonable doubt that the defendant possessed the weapon, either through actual or constructive possession and had the intent to either use the weapon or intent to possess the weapon while having access to it. When someone is facing one of the most common Columbia gun charges, they are looking at significant penalties. Therefore, it is imperative for a defendant to seek the services of a well-established firearm defense lawyer in Columbia.