While the Second Amendment of the U.S. Constitution grants all adults in the U.S. the right to keep and bear arms, individuals in Ohio can face criminal charges for having or using a firearm in some circumstances. If you have been accused of a weapons charge, our Cleveland weapons charges lawyer can provide you with guidance and can help protect your rights throughout the legal process.
In Ohio, anyone can purchase a firearm from a retail store provided they are over 18 for a rifle or shotgun and over 21 for a handgun; they are an Ohio resident or employed by an Ohio-based company; consent to a background check; and do not have a “disability” such as a felony record, drug or alcohol addiction, or mental incompetence that would preclude them from owning a firearm. There are several instances when having a gun, buying it, using it, or carrying it improperly can result in a misdemeanor crime resulting in jail time and fees, or a felony in State or Federal Court, which can result in prison time, fines, fees, as well as loss of the right to own a gun or to vote.
Some of the more common weapons charges in Cleveland include:
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There are many potential defenses to weapons charges in Cleveland. Your attorney will carefully research the details of your case in order to determine if the following arguments can be made:
In addition to looking for defenses in your case that can result in a reduction or even a dismissal of charges, your attorney will also ensure that your rights are protected during the entire criminal process. If there are no civil rights violations or defenses that will result in a dismissal of your case, your attorney will work on your behalf to prove your innocence or to negotiate a plea bargain that can result in lesser consequences.
Having a criminal background for a weapons charge can cause your life to be negatively impacted in several ways. A conviction of either a misdemeanor or a felony can impact your freedom as well as your finances, through incarceration, required probation, and court fines and fees. A felony conviction will appear on criminal background checks, impairing your ability to purchase firearms or to vote. It can also make it difficult for you to find a job or secure housing, as potential employers and landlords also have access to criminal background checks.
Let our Cleveland weapons charges lawyer help you understand your legal options and provide answers to the questions you have about your case. Contact us for a free case evaluation today.
Facing weapons charges? Worried about what the criminal process will look like? If you are unsure of what to do next and need help navigating the Ohio weapons laws, contact The Botnick Law Firm today for a free case evaluation.
Your future is at stake. Call us now to get the help you deserve. An experienced Cleveland weapons charges lawyer can help get you through this.
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The process to charge someone that’s been accused of a crime begins with an arrest. If the police have reason to believe that someone has committed a crime, the accused can be taken into custody. Police will usually start by asking basic questions like name and address to identify a person, and then they’ll often pivot to more specific questions related to the incident. At some point during this, you should have been read your “Miranda warnings.”
You have the right to remain silent to avoid disclosing evidence that could potentially be self-incriminating, as well as the right to an attorney to defend you in court. Those are your unwavering rights that must be recited upon taking someone into custody. Take note of when these rights are read to you, as it could be helpful information for your attorney.
When you’ve been taken down to the station, police will fingerprint you and get your photograph to update their records. Once this is done, you should be granted the opportunity to contact your criminal defense lawyer. If you don’t have a lawyer, get a loved one to book a consultation with a lawyer on your behalf. It’s important that you do NOT disclose any details about your case over the phone with your loved ones, as those calls are monitored.
After you’ve made it through the booking process, the police may begin conducting their investigation with you. Depending on the situation, this might include a personal search, collecting samples, interviewing/interrogating, police lineups, etc.
You’ll be held at the station until you can be brought before a judge. The initial court appearance will happen within 48 hours or less of the arrest. Here, the judge will review the case and decide if there’s any reason to keep you in holding or if bail can be granted. If bail is granted, you’re allowed to be released upon certain conditions.
Depending on the seriousness of your allegations, you may have a preliminary hearing at which a judge can determine whether enough evidence exists to charge you with that level of crime. You’ll be able to plead “guilty” or “not guilty.” If you plead not guilty, your case will be sent to trial. You may get the opportunity to enter a plea deal. That’s something your attorney will advise you on.
In the discovery stage, the case against you is made much more transparent. The prosecutor will share the evidence they have against you with your defense attorney. During this time, your attorney can make additional requests for evidence if need be. All of the evidence on the table will be considered, and your lawyer will work with you to form the best plan for your defense.
If a plea deal is unable to be reached, the case will enter trial. During the trial, the prosecutor begins by presenting the case to the jury. They share any evidence they have against you and have witnesses make their statements for the prosecution. This can be tough to sit through. Afterward, it’s your lawyer’s turn to take the stands and share your side of the story. Your lawyer can question the prosecutor’s witnesses and all of the evidence that was used against you. There are many different strategies that your lawyer will use to defend you during the trial.
In a best-case scenario, you will have been found not guilty by the end of the trial, and the charges against you have been dropped. If you are found guilty, the judge must determine what your sentence/penalties will be. The sentencing will happen at another hearing, usually a few weeks after your trial ends.
Being charged with possession of a gun is not generally a violent crime. If someone were to threaten someone with a gun or even go so far as to pull the trigger, then that would be considered violent.
Any weapons charge has the potential to have a serious impact on your criminal record. The most serious charges include firearms trafficking and violent crimes involving weapons.
In the State of Ohio, carrying a concealed weapon can either be a misdemeanor or a felony, depending on the particular circumstances. If you do not have a license, you could be charged with a misdemeanor. If the gun was loaded or if there was ammunition found within reach, you could be charged with a felony.
We have successfully represented clients across Northern Ohio. If you are facing criminal charges, we can help you too. Don’t delay. The district attorney is building their case against you right now.
The Prosecutor will not take your charges lightly — Will you?
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