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Philadelphia Weapons Trafficking Lawyers
The second amendment of the Constitution makes it clear that citizens have the right to keep and bear arms. That being said, each state has the right to decide how guns are going to be controlled within their borders. Pennsylvania is a state that is strict when it comes to the type of weapons that an individual can possess. Pennsylvania is also strict when it comes to who has the right to possess a firearm, where they can store the firearm, and under what circumstances they can carry the firearm or use it.
If a person violates Pennsylvania’s gun laws, they could find themselves facing long prison sentences and other consequences that could affect them for the rest of their life. Some of the potential gun crimes a person could be charged with include:
• Possessing a weapon while on probation or parole
• Possessing a firearm with a changed serial number
• Possessing an illegal firearm
• Stealing a firearm
• Using a firearm to commit a crime
• Illegally possessing or selling firearms
When a person is facing a weapons charge, they need to have a criminal defense attorney who understands the law in Pennsylvania and also understands the strategies that the state or the federal government might use to prosecute the possession of said weapon. The criminal defense attorney needs to be able to create an aggressive yet compassionate defense that is going to fight hard for the best outcome of the case.
Understanding the Serious Consequences of Weapons Charges
Weapons charges in Pennsylvania are prosecuted aggressively. Prosecutors are even more aggressive when a weapon is used to commit another crime. For example, if a person used a gun to commit a violent crime, they may be facing minimum sentencing in addition to the penalty that the crime they committed already has. In these cases a good criminal defense attorney is going to be able to thoroughly investigate the case with the assistance of other professionals. They go into the circumstance understanding that for the individual involved, this isn’t just a case, but it is their future.
This means that when a criminal defense attorney walks into the court room with a client who is facing a weapons charge, they strongly advocate for the rights of their client. There may be circumstances where the attorney is going to negotiate a plea deal that the client can live with. From start to finish, they guarantee that their client’s rights are not compromised.
In Pennsylvania, the firearm statues do not make any special provisions for sentencing a defendant who is charged with a first time offense. What can happen is that a person who is being charged for the second or subsequent time may see an increase in their penalties under under 18 Pa.C.S. § 6111(h). This is true even if the client has a clean record and has never been charged with a crime before.
Weapons charges may be a felony or a misdemeanor, depending on the nature of the crime and the severity of it. If an individual is convicted of a first-degree felony, they could be sentenced to up to 20 years in prison with a fine of up to $25,000. On the other end of the spectrum, if an individual is charged with a third-degree misdemeanor, they may be facing a sentence of up to one year and a fine of up to $2,000.
As you can see, being charged with weapons possession in Philadelphia is no laughing matter. If you or someone you care about has been charged with weapons possession or a related offense, it is imperative that you contact our criminal defense team right away. The sooner you begin the defense process, the better chance you have of having your rights protected.