Montgomery County Gun Lawyer
Most people in Montgomery County and around the country have the right to possess and use firearms. However, the laws that restrict this right in Montgomery County are among the harshest anywhere in the nation. While it is illegal to bring firearms into certain locations, simply having a firearm in one’s possession while committing another offense will also add a mandatory prison sentence to any conviction.
It is essential that all people understand the gun laws in Montgomery County and how they interact with the state’s criminal laws. A Montgomery County gun lawyer could help you if you are facing allegations of criminal activity connected to the use of a firearm. Hard-working defense attorneys could work to fight the allegations of illegal activity and rebut the idea that any other criminal activity was aided through the presence of a gun.
Illegal Firearm Ownership
Maryland’s laws assume that a person found in possession of a firearm does so illegally. This is in contrast to many other jurisdictions where law enforcement will assume that a person is legally carrying. As a result, the criminal code in the state punishes people who possess certain types of firearms without proper authorization.
For example, Maryland Criminal Law Code Ann. §4-303 states that it is illegal for any person to possess an assault weapon. With a few exceptions, such as when a person had registered the firearm under the old rules, police can arrest any person whom they suspect of possessing an assault weapon. A conviction under this statute is a misdemeanor carrying a maximum penalty of three years in jail, a fine of up to $5,000, or both.
The legislature could also tightly controls the legal carrying and use of handguns. Under Md. Criminal Law Code Ann. §4-203, the possession of any handgun is also per se illegal. However, people who wish to carry a handgun may do so if they obtain a license to carry. Any person caught with a handgun while not having a license is guilty of a misdemeanor. This carries a mandatory minimum jail sentence of 30 days with a maximum penalty of three years. A gun lawyer in Montgomery County could help a person to better understand the rules for legal gun ownership.
Ways that a Firearm Could Make a Related Offense Worse
Not every firearm-related offense in Montgomery County involves the illegal possession of a gun. Other charges involve the alleged use of a firearm in the commission of another crime. In these scenarios, the status of a person as a licensed carrier of the weapon is irrelevant.
The presence of a firearm at the scene of a crime will likely allow police and prosecutors to charge a defendant with a more advanced version of that offense. For example, a second-degree assault is usually a misdemeanor level charge. According to Md. Criminal Law Code §3-202, any assault involving the presence of a firearm is a first-degree assault. As a seasoned attorney could explain, these charges are always felonies.
Using a firearm in the commission of any other criminal offense is a charge in and of itself. Under Md. Criminal Law Code Ann. §4-204, the use of a gun in any other offense adds a minimum jail sentence of five years to any other penalties that a court may levy following a conviction. For these reasons, it is vital that gun crime defendants and their Montgomery County attorneys use take aggressive steps to protect themselves.
A Montgomery County Gun Attorney Could Help to Defend Your Freedom
Any criminal allegation is a serious matter. However, as soon as a prosecutor accuses you of using a firearm to commit an offense, the situation immediately becomes much more severe. A conviction for any firearm offense carries a potential jail sentence. In addition, many gun offenses will require a judge to sentence a guilty party to a lengthy prison term.
A Montgomery County gun lawyer could help you to avoid these life-changing penalties. They can work to disprove the prosecutor’s case concerning any allegation of illegal firearm ownership. They could also help to fight back when a prosecutor alleges that a criminal act involved the use of a firearm. Contact a lawyer immediately to let them get to work protecting your future.
