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Rochester Gun Lawyer

If you are facing criminal charges involving a firearm or need assistance with a concealed pistol license or other gun-related legal issues, a Rochester gun lawyer may be of assistance. Both state and federal gun laws are complicated, and violations could subject you to severe penalties even if the violation was unintentional. Sometimes a gun owner who has followed all legal precautions may still find themselves having to handle a legal challenge to their second amendment rights. Working with a criminal defense lawyer who understands how local courts handle gun regulations could help ensure your rights are protected.

Penalties for Gun Violations

Some firearms offenses are felonies, while others are misdemeanors with less severe penalties. Within these broad categories, there a range of penalties courts may impose for firearms violations. These often include a term of imprisonment and a fine, although a Rochester gun attorney may be able to request an alternate consequence that is less costly and disruptive.

Some misdemeanor offenses are punishable by up to 93 days in jail and a fine of as much as $500. For other misdemeanors, the sentence may include up to a year in prison and a higher fine. Felonies involving firearms may be punishable by as much as five years in prison, or even more if there are aggravating circumstances. In other situations where a gun violation relates to another criminal offense, the sentence may be considerably longer, up to 20 or more years in prison. Some gun charges also have mandatory minimums that must run consecutive to underlying sentences. Called “felony firearm” under Michigan Compiled Laws Section 750.227b, this enhancement adds two additional years of mandatory incarceration to any underlying sentence.

Examples of Gun Crimes

Rochester residents may be charged with many different gun offenses. Each crime is defined in a specific state or federal statute, and the definition includes certain elements that must be proven for the court to convict the accused. As part of a successful defense strategy, a local gun lawyer could present evidence to show that a required element of an offense was lacking, and therefore no crime occurred.

Types of gun offenses include:

  • Intentionally discharging a firearm from a motor vehicle
  • Aiming a firearm at another person without malice
  • Using false information to purchase a pistol
  • Intentionally discharging a firearm at a dwelling
  • Possession of a firearm on prohibited premises
  • Injuring a person by discharging a firearm aimed without malice
  • Threatening to commit violence with a firearm
  • Possession of a firearm by a person under the influence of alcohol or drugs

In addition to violations of specific gun laws, an individual may also be charged with another criminal offense that is aggravated by the presence of a firearm.

Consult a Knowledgeable Rochester Gun Attorney

Some gun crimes appear to be minor because the criminal penalties include a lower fine or shorter term of imprisonment. However, a conviction for any gun offense could create a criminal record visible to potential employers and anyone else who conducts a background search. The long-term incidental effects of a conviction can be far more detrimental than the official penalties levied by a court.

A Rochester gun lawyer could work to minimize the negative consequences if you are charged with an offense or help you avoid a violation if you are working to comply with the laws. Call today to schedule a consultation and learn how an experienced legal advocate could help you.