Building a Columbia Gun Defense

Facing gun charges can result in serious penalties such as large fines and jail time. This is why it is crucial that someone with a gun offense hires a seasoned lawyer who has experience building a Columbia gun defense. An attorney could possibly help get your charges reduced or even dropped. Contact a dedicated attorney today to make sure your rights are protected.

Functional Definition of a Gun

There is a specific definition regarding different types of firearms. The definitions are relevant when deciding whether someone should be charged. Such as, if someone had a BB gun versus a regular pistol.

For a handgun, the definition means any firearm designed to expel a projectile and designed to be fired from the hand, which could include any firearm. It is usually classified as antique curiosity or collector’s item that does not fire fixed cartilages. If it is considered an explosive device like a pistol, then that distinguishes the device from a BB gun.

Diversion Agreement

A diversionary agreement depends on whether it is state or federal. On the state level, there are multiple types of diversionary programs. The most common is PTI or Pre-trial Intervention program. It is when the defendant is accepted into the program and if they comply with the conditions and all the requirements, they have their charges dismissed and expunged. The charges are erased off the person’s record if they go into the program and complete the requirements. There are different types of diversionary programs, such as mental health court, veteran’s court, and drug court. For pre-trial intervention, if accepted into that program, the charges upon successful completion would be dismissed and expunged.

Common Defense Strategies

A few frequent strategies a lawyer will use when building a Columbia gun defense include:

• The accused person was merely present at the arrest
• They did not constructively possess the weapon
• The weapon was possessed by another person
• Illegal search and seizure
• Evidence was tainted by a constitutional violation

If the person was charged with illegally modifying the weapon, the defense could be that the person did not intend to modify it illegally.

Debunking the Prosecutor’s Evidence

There are many different factors that go into refuting the prosecutor’s case and it depends on the circumstances of each case. This is why someone needs a lawyer who conducts their own independent investigation, does the work, is prepared, and who is able to pull out all the things they need to attack the weaknesses of the prosecutor’s case. During the independent investigation, the defense attorney could find the issues in the prosecution’s evidence.

Hiring an Attorney

If someone has a gun offense they should hire an attorney who has the experience with defending these types of cases, knows what issues to look for, has dealt with the police and prosecutors before, and could put the individual in the best position possible. Attorneys cannot make guarantees on the outcome, but without legal counsel, the likelihood of success is going to be lower. It is crucial to be prepared for trial and the attorney most prepared is going to be in the best position to win the case.

If you are facing a firearm charge, contact an accomplished lawyer who has a track record of building a Columbia gun offense so you do not have to fight these charges alone.