Lafayette Weapons Charges Lawyer
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Skilled Weapons Charges Attorney in Lafayette, LA
Sometimes the illegal possession of a firearm can result in serious criminal charges, even if the weapon was never brandished or used to harm another individual. Charges can involve illegal possession, prohibited weapons, or weapons used during the commission of another alleged offense. If you have been accused of a crime, you should speak with a Lafayette weapons charges lawyer to learn about the charges against you and your options.
Your Local Legal Resource
At Stockstill Defense Firm, our Lafayette criminal defense lawyers represent people charged with serious crimes all over Lafayette and the Acadiana area. Attorney Kevin Stockstill focuses on providing individualized criminal defense to our clients.
If you have been accused of a violent crime or are facing a complicated federal investigation, we strive to guide you through the process and work toward the greatest possible outcome. Our law firm handles cases ranging from misdemeanor offenses up to and including federal prosecutions. Weapons offenses are typically prosecuted in Lafayette at the Lafayette Parish Courthouse, 800 South Buchanan Street, Lafayette, LA 70501.
Understanding Weapons Charges
According to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), investigators reviewed 9,708 closed firearm trafficking investigations filed between 2017 and 2021. Those investigations identified roughly 230,000 trafficked weapons in 7,779 cases nationally, indicating the extent of federal firearm enforcement activities.
Weapons charges are commonly associated with violent crime. However, many offenses involve little or no allegation of physical violence. Simply put, a weapons charge could result from any law enforcement encounter that results in the discovery of a firearm or other weapon.
For example, police may begin investigating a potential weapons offense after conducting a traffic stop, serving a search warrant, responding to a domestic disturbance call, or other police activity. Common weapons offenses may include:
Possession of a firearm by a prohibited person
Possession of certain restricted firearms
Carrying a weapon in certain locations
Unlawful possession during the investigation of another crime
In some cases, prosecutors also allege that a weapon was used to elevate the seriousness of another charge.
The Question of Possession
In many weapons cases, it must be proven that the defendant actually possessed the weapon. However, actual physical possession is not always required to establish that an individual possessed a firearm or other weapon.
For instance, weapons found in cars, homes shared by multiple people, backpacks, bags, or storage spaces are just a few examples of when more than one individual could have had control over the firearm.
When more than one person has access to the location where the weapon was found, prosecutors may rely on:
Ownership documents
Fingerprints
DNA evidence
Witness testimony
Phone records
This evidence can be used to determine who possessed the weapon. Facts can become heavily disputed in these cases, underscoring the importance of professional representation.
Federal Weapons Investigations
Weapons charges are typically prosecuted in local courts unless the circumstances of the case cause it to become a federal investigation. Weapons charges can become federal cases if:
Guns crossed state lines during the commission of a crime.
There is possession of restricted firearms regulated by federal agencies.
Crimes committed on federal land.
Federal weapons investigations are often carried out by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and may be the result of lengthy investigations. Federal prosecutors use evidence from multiple law enforcement agencies to prove a case. Federal courts follow different procedures than most local courts.
Weapons Charge Penalties
Like all crimes, potential penalties for weapons charges vary widely based on the specific details of the case. Prior criminal history and another offense being committed at the time can also increase or decrease the potential penalties that a court may impose.
Possession of weapons convictions can carry penalties such as jail time, fines, and probation. In some cases, a conviction could impact your ability to legally possess a firearm in the future.
In addition to legal penalties, there are often collateral consequences to having a weapons conviction on your record. Employers, local licensing boards, universities, and even immigration authorities can all use criminal convictions as a factor in decision-making. Part of analyzing your legal options includes understanding how a conviction could affect your life outside of criminal penalties.
FAQs
Is My Weapon Automatically Returned to Me if the Charges Are Dropped?
Your weapon may be returned to you if the charges are dropped, but it depends on the case. The procedure for return of property varies greatly depending on:
Why it was taken in the first place
If it is still needed as evidence
Any legal barriers to release exist
In some instances, additional court appearances may be necessary to obtain release of property. The exact procedure depends on the unique facts of each case and which agency has the firearm.
Can I Travel While a Weapons Charge Is Still Pending?
You might not be able to travel while a weapons charge is still pending. Travel restrictions vary based on what type of release the court orders.
Some defendants may be allowed to travel anywhere. Some defendants need to get permission to travel outside of the state or a certain area. If you violate your release, you can face further punishment. Hire a weapons charges lawyer so they can inform you of your travel restrictions after an arrest.
Why Do Some Weapons Cases Involve Forensic Testing?
Some weapons cases involve forensic testing because this kind of evidence might be linked to a separate investigation. Fingerprints, DNA testing, ballistic testing, and digital forensics are all examples of evidence that can potentially be used in a criminal case. Your Lafayette weapons charges attorney can review all of this testing to assess its validity, find inconsistencies, and learn if proper investigation procedures were followed.
Can I Be Charged With a Weapons Offense if the Firearm Was Never Discharged?
Yes, you can be charged with a weapons offense if the firearm was never discharged. Not all weapons violations require that the gun was fired.
Charges can be brought based on an accusation of illegal possession, carrying a weapon that’s not allowed, or just having a gun during the course of another investigation. Prosecutors typically look at the circumstances surrounding the alleged crime vs. whether the weapon was fired at someone.
Hire a Weapons Charges Lawyer Today
If you were charged with a weapons offense, Stockstill Defense Firm can help you in the legal process. We can advocate for your rights and your future. Contact us today to get started on your case.
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