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Pulling the Trigger on Criminal Possession of a Weapon

March 22, 2012 | Comments: 0 | Views: 167

There are different types of weapon possession and whether they are considered to be illegal depends on the laws in your state. These types of possession are classified under simple possession, carrying a concealed weapon, carrying in plain sight and carrying on or about a person. Simple possession is the most serious and covers anything that be considered a huge threat and has more of a military than a personal use, but also involves those whom have a prior court order stating that they are not allowed to possess a weapon because of a prior conviction, mental illness or parole. It may be legal to carry a concealed weapon in certain parts of the US, as long as that weapon is registered and licensed to a qualified person,but becomes illegal when the person is in violation of a state law or a personal court order. Carrying in plain sight may be a requirement for certain occupations, such as police officers, but can have severe consequences for civilians. Carrying on or about a person combines plain sight and concealing and makes carrying a weapon of any kind a crime. A criminal lawyer or attorney can assist you when it comes to dealing with any of these types of illegal possession allegations.

The sentencing of each of these possession allegations varies according to the weapon, the charge and where the arrest was made. Depending on the circumstances of your case you may receive anywhere from a Class A misdemeanor charge of up to 1 year in county jail along with a $4,000 fine to a 3rd degree felony charge of up to 10 years in prison up to a $10,000 in fines. When the possession of a weapon is tied to serious criminal activity, such as drug trafficking or a sex crime, the consequences grow even more unyielding and fines and sentencing increase. If these guns have anything to do with gun trafficking and/or they are illegal in nature you may be facing mandatory time in prison or jail on top of any other charges against you. The case may be raised to the federal level depending on the circumstances of the charge.

The gravity of the pending charges will be tell whether the individual may or may not be able to bond out of jail. If there is a prior record involved this can affect whether bond is granted and the amount that will need to be posted. Recently there has been a push to increase the bail bond amounts for criminal weapon possession in order to not only prevent people from getting out of jail, but this also boosts the gravity of the crime's consequences in hopes of deterring people from breaking the law in this manner. If the individual is seen as a threat to the public's safety then bail may be denied.

It is important that if you own a weapon or plan to own a weapon that you know the gun laws in your state. Even if you do not have a criminal record make sure you are educated on these laws so that you know your rights and what is considered to be illegal in regards to possession of a weapon. If you are arrested for an illegal weapon's charge call your criminal defense lawyer immediately. Criminal possession of a weapon can have dire consequences, but an experienced federal criminal defense attorney can give you the advice and the direction you need to fight your case in the most beneficial way.

Want to learn more about San Antonio Criminal Defense Law? Find out more about Illegal Criminal Possession of a Weapon and what Shawn can do to assist you with your legal needs.

Source: EzineArticles
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