6 Reasons Why Gun Charges Require Specialized Legal Defense

Firearm-related criminal charges are among the most serious offenses you can face in the American legal system. These cases come with mandatory minimum sentences, federal jurisdiction possibilities, and lifelong consequences that extend far beyond prison time. The stakes are simply too high to handle without proper legal representation.

Our friends at Burch Law Firm PLLC report that federal firearms offenses often carry mandatory minimum sentences of five to ten years, with some charges requiring even longer prison terms. When you’re facing weapons charges, a gun crime lawyer who understands both state and federal firearms laws can make the difference between conviction and dismissed charges.

Federal And State Laws Create A Complicated Web

Gun charges can be prosecuted at the state level, federal level, or both simultaneously. Federal authorities become involved in cases involving:

• Firearms trafficking across state lines
• Possession by prohibited persons under federal law
• Use of weapons in drug trafficking crimes
• Possession of certain regulated firearms or devices
• Straw purchases or falsifying ATF forms

State laws vary dramatically from one jurisdiction to another. What’s legal in one state may be a felony in another. We stay current on both federal statutes and state-specific regulations to identify weaknesses in the prosecution’s case.

Mandatory Minimums Eliminate Judicial Discretion

Many gun charges carry mandatory minimum sentences that judges cannot reduce, even if they believe the punishment doesn’t fit the crime. Under federal law, being a felon in possession of a firearm carries a minimum of 15 years if you have three prior violent felony or serious drug offense convictions.

These mandatory sentences mean that plea negotiations and case dismissals become even more important. We work to get charges reduced or dismissed before you’re locked into a mandatory sentence that no judge can modify.

Search And Seizure Issues Are Common

Fourth Amendment violations occur frequently in firearms cases. Police must have probable cause to search your vehicle, home, or person. They need reasonable suspicion to stop you in the first place. When law enforcement oversteps these constitutional boundaries, any evidence they discover can be suppressed.

We’ve successfully challenged countless gun charges by demonstrating that the initial stop was unlawful or that the search exceeded the scope of what the Constitution allows. Without the illegally obtained firearm as evidence, prosecutors often cannot prove their case.

Possession Can Be Challenged

Prosecutors must prove you knowingly possessed the firearm. This becomes complicated in situations involving:

• Shared vehicles with multiple occupants
• Homes where several people live
• Borrowed or rented cars
• Firearms discovered in common areas

Just because a gun was found near you doesn’t automatically mean you possessed it under the law. We challenge the prosecution’s ability to prove constructive or actual possession beyond a reasonable doubt.

Collateral Consequences Extend Beyond Prison

A gun crime conviction creates permanent barriers that affect nearly every aspect of your life. You’ll lose your right to own firearms, potentially lose professional licenses, face difficulty finding employment, and may lose your right to vote depending on your state.

Immigration consequences can be severe for non-citizens. Many gun crimes are considered aggravated felonies under immigration law, leading to mandatory detention and deportation with no possibility of relief.

These collateral consequences often matter more to our clients than the actual prison sentence. We consider the full picture when developing defense strategies and negotiating with prosecutors.

Enhancement Penalties Stack Quickly

Gun charges often come with sentence enhancements that add years to your punishment. Using a firearm during another crime, possessing certain types of weapons, or having prior convictions can all trigger additional mandatory time.

The federal sentencing guidelines also impose harsher penalties based on the number of firearms involved, whether they were stolen, and other aggravating factors. These enhancements can turn a five-year sentence into a fifteen-year sentence very quickly.

Protecting Your Rights And Freedom

Firearms charges require immediate legal intervention and a defense strategy tailored to the specific facts of your case. We investigate how law enforcement obtained evidence, challenge possession claims, and fight to protect your constitutional rights at every stage. If you’re facing gun-related charges, contact us to discuss your case and learn about your legal options.