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Facing Weapons charges in Cleveland?

Do You Need a Cleveland Weapons Charges Lawyer?

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.

 

What Are Weapons Charges in Ohio?

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:

  • Carrying concealed weapons without a permit to do so. This can be a felony if the concealed weapon is present when the individual is stopped by a police officer and either fails to keep his or her hands where the officer can see them as he or she approaches or attempts to make contact at any time with the gun while the officer is present.
  • Carrying a loaded firearm into an establishment that holds a beer or liquor license.
  • Possessing a firearm or an object that looks like a firearm on a school campus or in a school zone.
  • Possessing a firearm in a courthouse or other prohibited areas, such as airports, polling places, and private properties where firearms are forbidden.
  • Falsifying a concealed handgun permit, or possessing a concealed handgun with an expired or revoked permit.
  • Having a firearm as a fugitive from justice, as a previously convicted felon, as an individual addicted to drugs or alcohol, or who is found to be mentally incompetent.
  • Possessing a weapon while under detention.
  • Firing a weapon while intoxicated.
  • Discharging a weapon at a residence or in a school zone with the intent to cause harm or panic.
  • Illegally manufacturing explosives.
  • Unlawful transaction of a firearm, unlawful possession by someone underage, or unlawful sale of a firearm to a minor, or possessing a defaced firearm that has had the name of the manufacturer, model, or serial number removed or changed illegally.

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Possible Defenses to Cleveland Weapons Charges

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:

  • Your weapon was used in defense of yourself or your property.
  • You have been falsely accused and did not commit a weapons offense.
  • The firearm in question was purchased by or in the possession of another person.
  • The item in question is not legally defined as a weapon.
  • There is a lack of evidence to prove that you committed the offense or the evidence was obtained by an illegal search and seizure.
  • You had no intent to harm someone with the weapon.
  • You have a valid Ohio concealed handgun license.

 

How Can a Cleveland Weapons Charges Lawyer Help Me?

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.

 

Experienced Criminal Defense Lawyer

Our Cleveland Weapons Charges Lawyer Has the Answers You Need

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.

Cleveland, Ohio Weapons Charges Attorney Near You

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.

Contact us today for a FREE consultation.

 

Process step-by-step

  • 01.
    Initial Arrest
    01

    01. Initial Arrest

    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.”

  • 02.
    Reading Your Rights
    02

    02. Reading Your Rights

    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.

  • 03.
    Booking
    03

    03. Booking

    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.

  • 04.
    Investigation
    04

    04. Investigation

    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.

  • 05.
    Court Appearance
    05

    05. Court Appearance

    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.

  • 06.
    Hearing
    06

    06. Hearing

    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.

  • 07.
    Discovery
    07

    07. Discovery

    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.

  • 08.
    Trial
    08

    08. Trial

    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.

  • 09.
    Sentencing
    09

    09. Sentencing

    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.

Ohio Felony Sentencing

Degree
Prison TIme
Maximum Fine
First Degree
3-11 years
$20,000
Second Degree
2-8 years
$15,000
Third Degree
9-36 or 12-60 months
$10,000
Fourth Degree
6-8 months
$5,000
Fifth Degree
6-12 months
$2,500

Ohio Misdemeanor Sentencing

Degree
Jail Time
Maximum Fine
First Degree
Up to 180 days
$1,000
Second Degree
Up to 90 days
$750
Third Degree
Up to 60 days
$500
Fourth Degree
Up to 30 days
$250
Minor Misdemeanor
None
$150

Frequently Asked Questions

Is a gun charge a violent crime?

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.

What are serious weapons charges?

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.

Is carrying a concealed weapon a felony in Ohio?

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.

Ohio Courts System

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.

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