Unlawful possession of a firearm is a serious criminal offense that can carry significant penalties. If you have been charged with unlawful possession of a firearm, it is important to understand your legal rights and options for defense. Listed below are some strategies for defending against an unlawful possession of a firearm charge, and click here for more information.
Challenging the Search and Seizure
One common defense strategy is to challenge the legality of the search and seizure that led to the discovery of the firearm. If the search was conducted without a warrant or in violation of your constitutional rights, the evidence may be suppressed and the charges may be dismissed.
Another defense strategy is to prove that you did not actually possess the firearm in question. This may involve presenting evidence that the firearm belonged to someone else or that you were not in possession of the firearm at the time of the alleged offense.
Establishing Legitimate Possession
If you did possess the firearm, you may be able to establish that your possession was lawful. For example, if you were carrying a firearm for self-defense or were transporting a firearm in compliance with state and federal laws, you may be able to argue that your possession was legal.
Questioning the Reliability of Evidence
It is also possible to challenge the reliability of the evidence that the prosecution is relying on to prove its case. For example, if the firearm was recovered through a chain of custody that is questionable or the prosecution’s expert witness has a questionable track record, you may be able to raise doubts about the evidence.
In some cases, a plea bargain may be the best option for resolving an unlawful possession of a firearm charge. A plea bargain involves admitting to a lesser offense in exchange for a reduced sentence. A skilled criminal defense attorney can negotiate a favorable plea bargain that minimizes the potential consequences of the charge.
If you are facing charges of unlawful possession of a firearm, it is important to seek the assistance of an experienced criminal defense attorney. Your attorney can help you understand your legal rights and options for defense and can work to develop a strategy that maximizes your chances of success. With the right approach and the right legal representation, it is possible to successfully defend against unlawful possession of firearm charges and protect your rights and freedom.