Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
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Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
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Last Updated on: 21st October 2023, 08:28 am
Getting charged with a federal firearm offense can be scary. The penalties are often harsh, and the federal prosecutors have lots of resources to come after you. But having an experienced federal crimes lawyer on your side can make all the difference.
In this article, we’ll look at some of the most common federal firearm charges, potential defenses, and how a knowledgeable lawyer can challenge the case against you.
There are a ton of laws around firearms at the federal level. Here are some of the most frequent charges:
Those are just a few examples. Charges often stack too, so you may face multiple counts based on the specifics of your situation.
When facing federal prosecutors, you need an experienced lawyer in your corner. In firearm cases, some strategies they may use to fight the charges include:
An experienced federal crimes lawyer knows the complex laws, defenses, and strategies that apply in firearm cases. They can analyze the specifics of your situation to determine the best ways to fight the charges.
One approach your lawyer may consider is making a Second Amendment argument. The right to bear arms is constitutionally protected. But the government can put certain limits on it. Your lawyer can argue any charges or penalties go too far and violate your rights.
For example, in U.S. v. Reese the defendant challenged a federal ban on gun possession by domestic abusers. His lawyer argued the law was overbroad and violated the Second Amendment. However, the court ruled the government has a strong interest in preventing domestic gun violence that justifies the limitation.
Still, Second Amendment defenses are sometimes effective. In Binderup v. U.S., two men convicted of minor state misdemeanors challenged the federal ban on their right to own guns. This time, the court ruled the ban was unconstitutional as applied to their specific minor crimes.
So while not a silver bullet, Second Amendment arguments can potentially defeat or limit the charges in some cases. Your lawyer can advise if it’s a viable strategy based on the specifics of your case.
If you do end up convicted on federal firearm charges, having an experienced attorney is critical when it comes to sentencing. Federal sentencing guidelines provide a complex formula based on the charges and your criminal history to arrive at a recommended range of imprisonment.
But your lawyer can argue for exceptions and variances to seek a more lenient sentence. For example, they may argue:
At sentencing, both the defense and prosecution will present arguments regarding the appropriate penalty. Your lawyer’s skill in negotiating, mitigating risks, and understanding the guidelines can make a huge difference in the outcome.
Dealing with federal prosecutors on firearm charges is daunting. But an experienced federal crimes lawyer levels the playing field. They know how to analyze the charges, identify defenses, negotiate when possible, and take your case to trial if needed.
Having the right legal representation can help dismiss charges, avoid convictions, limit penalties, and protect your rights. Don’t take on the federal government alone. Consult with a knowledgeable federal crimes attorney as early as possible to start crafting your defense strategy.
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