Columbia Gun Prosecution

Getting charged with a gun offense can result in serious penalties to the offender. This is why it is important to have an experienced attorney by your side during the legal process. A qualified lawyer is going to be well-versed with how the Columbia gun prosecution works and the best way to avoid a prosecution. If you have been arrested on a gun charge, call today for a case review.

What the Prosecution Must Prove

If someone has been arrested for possession, the prosecution has to prove that the person had the knowledge the weapon was there, whether it was actual possession but for constructive possession, and they had the knowledge of the location of the weapon or they had the access to use it. If it was a constructive possession charge, they have to prove whether the person had the knowledge of the gun and the intent, dominion, and control to use it.

With a modification charge with a sawed-off shotgun, the prosecution must prove the person had the criminal intent to lower the barrel below 18 inches in length, which makes the gun illegal. The person may not have had a criminal thought when they did it, but they intended to reduce the barrel length and when they did it they became in possession of an illegal weapon.

Location of Gun Cases

Columbia can be broken down into the City of Columbia or Richland County. The accused offender is either going to be prosecuted at the Columbia Municipal Court or the Richland County Magistrate Courts or the Richland County Court of General Sessions. There are several different courts and it depends on who that person was arrested by. A lower charge generally carries somewhere between 30 days up to 90 days or one year in jail. A general sessions charge can be misdemeanors above one-year felonies from one year up to life in prison.

What People Should Know About the Prosecutor

A proper attorney would be able to tell the accused offender what to expect because they have dealt with Columbia gun prosecutions on many different occasions. The lawyer can know whether the prosecutor is reasonable, unreasonable, certain likes or dislikes, and how to negotiate the case. If a person has the right attorney, they will know how best to handle all the different personalities of the different prosecutors. One should never go into their first court date unprepared or ignorant of the rules of the laws and how they apply to the facts of the that person’s case.

Trial Process

Some people are pro-guns and some are not. Some juries may see guns tied to other illegal activity. For the trial process, it is essential to have the attorney make sure they go through every single detail when presenting the theme of the case and try to keep the jury focused on the crime and the accusation versus any internal or implied biases. Hopefully, if the juror has a prejudicial bias regarding weapons, it would be screened out during jury selection, so the jury can be fair and impartial. An accomplished lawyer will be on the lookout for things of that nature during the trial process so that the defendant can get a fair opportunity in a Columbia gun prosecution.