Weapons charges can have devastating consequences for many people. While some people receive conditional or absolute discharges, others can face imprisonment of between one year to life.
You might have the freedom to own a weapon, such as a gun. Still, you aren’t always afforded the same freedom regarding using it on another person. Fortunately, legal proceedings don’t always have to have a negative outcome if your chosen law firm successfully uses one of these common weapons offense defense strategies:
Defending Yourself and Others
A law firm like Liberty Law might be able to have your weapons charges reduced or thrown out by arguing that you used a weapon to defend yourself or someone else. While using a deadly weapon is illegal, it’s often possible for you to use one to protect yourself if required.
However, you generally have to prove that someone was going to hurt you or that you believed they were. Otherwise, you were trying to stop a mentally incompetent person from hurting you or someone else. Some people also have their weapons offense charges dropped when they use a weapon to perform a citizen’s arrest of a criminal to hand them over to law enforcement.
Defending Your Property
Defending yourself is one of the most effective defense strategies, but it’s not the only one. You may also be able to argue in court that you used a weapon to defend your property.
Defense of property is a common strategy involving being able to use force or a weapon against someone trying to damage their property, interfere with it, or trespass on it. However, you must be able to prove that you only used as much force as was necessary to stop the threat.
No Duty to Retreat Law
The No Duty to Retreat law, also known as Stand Your Ground, is a law stating that individuals can use reasonable force to protect themselves against an intruder in their home or against a perceived threat. You and your lawyer must be able to prove that you or your property was under threat and that you used an appropriate amount of force.
Good Character
You won’t always be able to fight to have a weapons offense charge dropped successfully. There can sometimes be undeniable proof that you were guilty of a weapons-related crime. In that case, your lawyer might decide to use your good character as a defense. If you can prove that there were mitigating circumstances and you don’t have a prior criminal history, judges and juries may decide to give you a light sentence.
Illegal Entrapment
While rare, the circumstances of your charges may equate to illegal entrapment by law enforcement. This can happen when law enforcement officers induce someone to commit a crime they might have otherwise not committed. Proving illegal entrapment can often require you to admit that you committed a crime in open court.
Weapons offenses can result in severe repercussions for those found guilty. If you’re currently facing weapons charges, talk to your chosen defense lawyer about using these defense strategies above. They may prove more helpful for your case than you think.
