Spartanburg Gun Lawyer

The right to possess a gun is often considered one of the most important amendments to the United States Constitution. Even though there is this constitutional right to bear arms, there are limitations under state law that must be followed. Failure to follow state and federal laws can result in serious criminal penalties, including high fines and long prison terms. Some prosecutors are overzealous in charging gun crimes, and a strong defense may protect your constitutional rights.

While gun charges can be incredibly serious, an experienced Spartanburg gun lawyer can present a defense on your behalf. You have rights that deserve protection.

Felony or Misdemeanor Charges

Depending on the specific facts of the gun charge, it may be a misdemeanor or a felony. Misdemeanors may result in up to one year in prison, while felonies may be for many years and carry incredibly high fines. Fighting either of these charges is an essential element of protecting the defendant’s constitutional rights.

In some criminal cases, a term of probation or parole may be imposed instead. This can help prevent a prison sentence if the defendant is able to follow all of the requirements of supervision.

Common Gun Crimes

Gun crimes tend to be treated very seriously by South Carolina prosecutors. State laws regulate many different aspects related to guns, including regulations on ammunition. Each law has very specific rules imposed on state residents, all of which must be followed to avoid a criminal charge.

Typical gun crimes in the state include:

  • Possession of illegal weapons
  • Possession by individual not permitted to have weapons (e.g. felons or those on parole or probation)
  • Possession of a legal weapon without proper licensure
  • Possession or use of imitation gun
  • Possession of weapon in non-permitted areas
  • Possession of weapon by juvenile
  • Possession of weapon during dangerous crime or unlawful purpose

Illegal gun charges become especially serious when used together with another serious criminal offense, such as a robbery. When combined with another crime, a gun law violation can quickly escalate to a serious felony.

All gun crimes deserve the utmost protection. A skilled criminal defense attorney in Spartanburg can defend the defendant’s unique situation.

Federal Gun Laws

Gun laws are subject to both state law and federal. Violations of federal law may be prosecuted in either federal court or in state court. Federal laws especially impact the sale, transfer, trade, or possession of firearms and ammunition.

Handling federal crime allegations can be an incredibly difficult thing to do alone. Experienced legal counsel is especially necessary in these situations.

Defending Against Gun Charges

Potential defense exist to fight back against these gun charges. Whether a specific defense is open to a criminal defendant depends on the specific facts of their case. Common defense include:

  • Presenting an alibi to the crime
  • Illegal search and seizure of evidence
  • Present reasonable doubt to the jury
  • Defendant has proper licensure to possess weapon
  • Failure to read defendant Miranda warnings

Every case is unique. To properly defend against state or federal gun charges, a skilled attorney must analyze the case and create a uniquely tailored defense to the situation at hand.

A Skilled Gun Attorney in Spartanburg is Ready to Help

Gun charges can land you in prison for years, result in high fines, and also cause the loss of certain constitutional rights. These charges should never be taken lightly but with a strong defense you can protect yourself from overzealous prosecutors.

An experienced Spartanburg gun lawyer can present a defense on your behalf. Contact us today.

Spartanburg Criminal Defense Lawyer