Worcester Gun Lawyer
Maryland’s legislature has passed some of the strictest gun control measures anywhere in the country. This especially applies to the proper purchase and possession of handguns. In fact, Maryland laws assume that if a person is in possession of a handgun that they do so illegally.
Even more severe are the mandatory penalties attached to any incident of crime that involves the use of a firearm. Not only will this fact make any other criminal charge more serious but using a firearm to aid in the commission of a crime is a new charge in and of itself.
No matter the circumstances, a Worcester gun lawyer may be able to help. Knowledgeable criminal defense attorneys work with individuals to ensure that they understand their right to own firearms in Maryland.
When Simply Having a Firearm is Illegal
The laws that control the legal purchase and possession of firearms in Maryland are among the most serious in the country. In fact, police operate under the theory that any person found in possession of a handgun in public does so illegally. According to Md. Criminal Law Code Ann. §4-203, any person found to illegally possess a handgun commits a misdemeanor level offense.
Unfortunately, these misdemeanors are more serious than most other in Maryland law. In fact, the statute states that even for a first offense, a conviction requires a minimum jail sentence of 30 days and a fine of not less than $250.
In order to properly obtain a handgun, a citizen must comply with the procedure set down in §5-304 of the Public Safety Article. This involves submitting oneself to a criminal background check, providing an application fee of $75, and sending the application to the handgun permit review board. A Worcester gun lawyer could help people to obtain handgun permits and to help when an individual has been accused of not having proper documentation to carry in public.
Firearms as Aggravating Factors in Other Cases
While some firearms are legal to own only under specific circumstances, others like shotguns or hunting rifles are less regulated. However, no matter the type of firearm, their presence at the scene of a crime creates serious problems for a defendant.
Simply having a firearm in one’s possession during an assault, a robbery, or a burglary makes those crimes much more serious. While some of these incidents may be mere misdemeanors in their common forms, using a firearm to help commit the offense will always result in felony charges, even if the gun is not loaded or fired.
However, defendants accused of using a firearm to further a crime also face a new criminal charge. Under Md. Criminal Law Code Ann. §4-204, using a firearm to commit any other crime is a misdemeanor level offense where a conviction will add a minimum of five years to any other penalties that may come with a conviction for the crime at the core of the incident.
Because of these stiff penalties, it is essential that defendants work with a gun attorney in Worcester that could help them to dispute the presence of a firearm at the scene of the alleged crime.
How a Worcester Gun Attorney Could Defend Your Rights
Firearm offenses in Maryland come in many forms and levels of severity. Simply having a firearm in a prohibited place is a serious accusation. Some forms of firearms such as handguns are strictly regulated, and people convicted of illegal possession must serve time in jail upon conviction.
Even more serious are allegations that a person used a firearm to help commit another offense. Convictions here will result in a mandatory minimum of five years in prison.
A Worcester gun lawyer could help you to avoid this fate. The work to help their clients to understand Maryland’s gun laws, to argue in court that any possession of a firearm was legal, and to rebut accusations that a firearm was present at the scene of an alleged crime. Contact an attorney today to let them get to work for you.