The right to bear arms is one that many Americans treasure deeply. The U.S. Constitution, in the second amendment, permits Americans to utilize firearms, but this constitutional right is not without restrictions. Many gun owners may face charges based on a mistaken understanding of the law. Others may face the prospect of enhanced charges due to a gun being used in the alleged commission of another crime.
Gun charges are not to be taken lightly, regardless of whether or not they are based in a misunderstanding of the law. An experienced Edina gun lawyer could fully analyze the unique aspects of your case and help plan a legal defense strategy specific to you. Consult a skilled attorney on the best approach for your circumstances.
Common Gun Charges in Edina
Many of the state’s gun laws are laid out in Chapter 609 of the Minnesota Statutes. These state laws, additional regulations, and federal laws all work together to impose specific guidelines for how firearms may and may not be used. Gun charges typically stem from these laws and regulations.
Common gun crimes in the state include, but are not limited to:
- Carrying a firearm without proper permits
- Assault with a dangerous weapon
- Unlawful possession
- Brandishing a firearm
- Felon in possession
- Intentional or reckless discharge
- Carrying a gun while under the influence
- Unlawful sales
- Loaded firearm in a vehicle
- Illegal possession of assault weapons
Defendants facing weapon-related charges will want to have a qualified gun defense attorney to fight for them and protect their rights. An experienced attorney with an understanding of Edina gun laws could help a defendant navigate the intricacies of their particular case and determine the best path forward.
Firearms & Other Offenses: Enhancements of Penalties
The use of a firearm in another crime or its mere possession while committing another offense may significantly enhance the severity of the charges. It may increase the crime from a misdemeanor to a felony, and even raise the level of the offense within the various misdemeanor and felony classifications.
As a result of this enhancement, the penalties can be much more severe. For example, if a person commits a simple assault, it is likely a misdemeanor offense. If a gun is used in the commission of the offense, it may be raised to the level of a felony, and could result in more than ten years in prison if harm is caused as a result.
When criminal charges include the accusation of gun involvement, it is critical that a defendant be represented by competent legal counsel to fight for the best outcome for the individual.
Potential Defenses in Gun Crime Cases
Due to the potential severity of a gun crime, it is essential to prepare a defense that is uniquely tailored to the defendant’s situation. A defense that is carefully crafted by an experienced gun attorney could help to reduce or eliminate the charges against the defendant.
Potential gun crime defenses include:
- Arguing that a gun was not used in the commission of another offense
- Filing a suppression motion to exclude unconstitutionally collected evidence
- Presenting reasonable doubt to the jury
- Arguing that the gun was properly possessed or used
Many gun owners inadvertently break the law due to incomplete knowledge of gun laws in Edina. While this is not an actual defense, it may be a useful tool in negotiating a lesser charge, lesser sentence, or dismissal of the charge.
Let a Gun Crime Attorney in Edina Help You
A properly crafted defense may make all the difference in your case. You deserve to have the unique details of your case reviewed by an attorney that is dedicated to defending your rights.
A committed Edina gun lawyer could present defenses on your behalf, seeking to protect your rights and your freedoms. Contact us today to see what our dedicated legal team can do for you.