Gun crimes can lead to serious penalties, and even though the U.S. Constitution protects the right to own guns, the government can impose limitations on those rights. Firearm laws determine the requirements citizens must follow and state the penalties someone might face if they do not abide by the rules. A gun charge against you might be the result of a mistake, misunderstanding, or may not be as serious as the prosecution is claiming.
No matter the circumstance, you deserve to have an experienced Irmo gun lawyer defend your rights in court. You may be permitted a reduction or dismissal of the charges against you with the proper criminal defense attorney by your side.
Basic Information about Irmo Firearm Crimes
Every gun crime is unique and as a result, the severity of the allegation may vary. Regardless of the seriousness of the offense, these charges can impact a person’s freedom, finances, and their right to own a firearm in the future. A qualified Irmo gun attorney could help someone determine whether they are being accused of a misdemeanor or a felony.
Misdemeanor firearm crimes result in less than a year in jail and possible fines, while felony gun offenses could be penalized by many years in prison and higher fines. Failure to properly defend a case could result in more devastating penalties for a defendant which is why enlisting the aid of a skilled legal team is essential for anyone charged of this offense.
Gun Charges under State Law
Prosecutors tend to vigorously pursue gun violations, especially if the weapon was used to facilitate another criminal offense. Several firearm charges under state law include, but are not limited to:
- Possession of a firearm by someone under disability
- Use or possession of an imitation weapon
- Possession or use of an illegal weapon
- Use of a weapon for an illegal reason
- Possession of a gun in restricted areas
- Use of a weapon without a proper license
- Violation of concealed carry laws
- Misuse of a gun in a motor vehicle
Firearm cases can quickly escalate in severity depending on how the weapon was used and if it is connected to any other offense. Many prosecutors overcharge based on unsupported allegations when a much less serious charge is more appropriate. The details of a case could be carefully examined by a seasoned firearm attorney in Irmo who might be able to lower the charges or dismiss the case altogether.
Is Using a Firearm while Intoxicated Illegal?
Under South Carolina Code § 23-31-400, it is illegal for an individual to discharge or shoot a firearm while under the influence of alcohol or a controlled substance. This law can turn an otherwise lawful use of a gun into a criminal offense, even if the person legally owns that weapon.
There is an exception specifically created for those who defend themselves or their property, which could be used as a rebuttal to criminal accusation. This exception can be complicated and might require an Irmo weapon attorney to carefully determine if it applies.
Speak to an Irmo Gun Attorney Today
While being accused of a gun crime is serious, it does not mean that you are guilty. An Irmo gun lawyer may be able to defend you and dismiss the charges against you altogether. There are many ways your case could proceed, and an accomplished attorney could guide you and make sure you are being represented in the best way possible. To learn more about your options, contact our office today.