Arguments Your Legal Advisor May Raise To Fight Charges Of Unlawful Possession Of A Firearm
Some states may amend their gun possession laws, which makes it challenging to fight charges of unlawful firearm possession. Nonetheless, it is possible to get a lenient judgment when facing these charges, particularly if you hire a lawyer experienced in fighting criminal charges effectively. Your attorney will extensively investigate your case and gather useful evidence to build a strong defense, and may raise the following arguments to fight charges of unlawful firearm possession:
You Were Defending Yourself
Your legal advisor may advise the court that you needed the gun to protect yourself because your life was in danger. They can argue that you had information that you were targeted for an attack and needed the firearm to remain unharmed. Since the prosecution might provide evidence to counter this argument, your lawyer needs to provide evidence to convince the court of your defense. For example, they can call witnesses to confirm how long you've been in possession of the firearm in question, helping to prove that you only intended to use it in case of an attack.
There Is Insufficient Evidence Against You
The prosecuting attorney must prove that you possessed a gun when the officers arrested you, and they might use video surveillance or witness statements to prove their case. However, their evidence may be insufficient, e.g., if it doesn't show you holding the gun during the arrest. Your lawyer might argue that the firearm in question was not under your name. By exposing gaps in the prosecution's case, your attorney can prove that there is insufficient evidence to convict you. This may convince the judge to throw out all the charges against you.
The Officers Violated the Constitution
Law enforcement officers must follow the law when arresting you and obtaining evidence to present in court. This includes getting approval to search for a firearm. They should also allow you to speak to your lawyer after arresting you. Your legal advisor can challenge your arrest and prosecution if the officers did not follow the law when apprehending you. This might lead to a reduction of your charges or a dismissal of your case.
Unlawful possession of a firearm can lead to serious consequences if convicted. For this reason, you must take immediate action to defend your position after arrest. In this regard, consider hiring a criminal defense attorney so that they can find the most effective defense to challenge your charges.