Last Updated on: 17th October 2023, 05:39 pm

Defending Against Gun Possession Charges – A Lawyer’s Guide

Getting charged with illegal gun possession can be scary. But with the right legal defense, you may be able to get the charges reduced or even dismissed.

As your lawyer, I’m here to fight for you. I’ll look at the details of your case and build the strongest defense possible. Here’s an overview of common strategies I may use:

Attack the Evidence

Cops make mistakes sometimes. I’ll review the evidence closely to see if there are any holes in the prosecution’s case. For example:

• Was the search that turned up the gun legal in the first place? If not, we can argue the evidence should be thrown out.
• Are they sure the gun was yours? Fingerprints, DNA and other forensic evidence can sometimes be inconclusive.
• Do the police have the gun that was supposedly yours? If not, their case is weak.

Challenging the evidence is one of the best ways to undermine the prosecution. I’ll look for any chance to show their case is flawed.

Argue You Didn’t Know About the Gun

In most states, prosecutors have to prove you knowingly possessed the gun. So if the gun was:

• Found in your home without your knowledge
• Left in your car by someone else
• Hidden in your backpack without your knowing

I can argue you had no idea the gun was there. This “innocent possession” defense works best when the gun clearly belonged to someone else.

Claim an Exemption or Exception

Some gun laws have exemptions you can take advantage of. For example:

• You have a valid concealed carry permit
• You were transporting the gun unloaded, locked up, and separate from ammo
• You only possessed the gun briefly in order to turn it over to police
• You used the gun in legal self-defense

If any exemptions like these apply, I can argue you were within your legal rights to have the gun.

Allege Police Misconduct

If police violated your rights or used dirty tactics, any evidence they found may get thrown out. I’ll investigate whether:

• They had reasonable suspicion to stop/search you
• They properly read you your Miranda rights
• They coerced a confession out of you

Proving misconduct can completely derail the prosecution’s case against you.

Negotiate a Plea Deal

Rather than risk losing at trial, we may be able to make a deal. I could try to get the charges reduced to a misdemeanor or have you plead guilty in return for a lighter sentence. This avoids the risk of harsh penalties if you lose in court.

The best approach depends on the unique circumstances of your case. I’ll thoroughly investigate the facts and help you decide which strategy gives you the best chance of success.

The bottom line is – do not lose hope. With an experienced criminal defense lawyer on your side, you can fight the charges and work towards the best possible outcome. I’m committed to protecting your rights and future.

If you or a loved one has been charged with illegal gun possession, please contact me to set up a free case evaluation. I’m here to help.

References

Illegal Gun Possession Laws – FindLaw

Defenses to Criminal Weapons Charges | Nolo

California “Carrying a Concealed Firearm” Laws | PC 25400 | Shouse Law Group