Cleveland Weapons Charges Attorneys
Weapons Charges Attorneys in Cleveland Defending the Rights of Our Clients
The right to bear arms is a cornerstone of the American way of life and is protected by the Second Amendment. Unfortunately, with that right comes the potential for abuse and misuse, as a gun is still a deadly weapon. In Cleveland, weapons charges are taken seriously by law enforcement and prosecutors, who are often overzealous when it comes to prosecuting offenses.
If you or someone close to you has been charged with a weapons offense in Ohio, it is vital to seek experienced legal representation as soon as possible.
At Watson Kuhlman, LLC, our criminal defense lawyers have years of experience handling all weapons charges in Cleveland and Northeast Ohio. Our attorneys understand how serious these cases can be, not just from a legal standpoint but also from an emotional one, and we fight hard to protect our clients’ rights every step of the way.
With so much on the line when facing any weapon charge, having an experienced attorney who will stand up for your rights is essential if you want to avoid potentially devastating consequences such as jail time or loss of gun ownership privileges.
We take a comprehensive approach to defending our clients against weapons charges, drawing on our legal experience and resources to create a unique defense strategy for each case. Our attorneys carefully review the facts of each case and identify potential defenses or mitigating factors. We use the information we have worked tirelessly to gather to craft litigation strategies that could result in your charges being reduced or possibly dismissed. We also strive to help clients obtain alternative sentencing agreements such as community service or pre-trial diversion programs.
Our goal is always to minimize any potential penalties or collateral damage associated with a weapons charge while protecting our client’s rights during every step of the legal process. Call Watson Kuhlman, LLC, at our law office today and ask to schedule a free, confidential case evaluation with a gun/weapons charges lawyer.
How Can an Attorney Assist with Common Firearm-Related Offenses?
An experienced weapons defense attorney can provide invaluable legal assistance when defending clients charged with firearm-related offenses. Depending on the specific offense and other factors, such as prior criminal history and state gun laws, a skilled attorney can help mitigate potential consequences by offering strategic legal advice or negotiating plea deals.
Common gun crimes that may require the guidance of a weapon defense lawyer include:
- Carrying concealed weapons without a permit
- Possessing an unregistered firearm
- Using a firearm while under the influence of drugs or alcohol
- Illegally selling firearms
- Possession of a stolen weapon
- Giving a firearm to another who will use it for drug trafficking or violent crime
- Unlawfully using or discharging a firearm
- Violations of state gun laws or federal gun laws
An experienced attorney can also help clients understand their rights and charges and advise on the best legal strategies. Criminal defense lawyers have the resources to conduct independent investigations to gather facts and evidence to support their clients’ cases. An investigation often includes interviewing witnesses, reviewing surveillance video, and body or dash cam footage to ensure that law enforcement officials did not violate their clients’ rights.
In some cases, a lawyer may be able to get charges dropped or reduced if there is not enough evidence or other mitigating factors. Additionally, a lawyer can advise clients on how to avoid future legal issues and protect their rights regarding gun-related charges.
Ultimately, an experienced weapons defense attorney can be the difference between a client receiving appropriate legal counsel and facing severe repercussions for a firearm-related offense. It is crucial for those facing such charges to seek legal advice from a qualified attorney to ensure their rights are adequately protected.
If you need further clarification regarding the benefits of hiring a criminal defense lawyer, contact our Cleveland law office today to schedule a free consultation to learn more about our legal services.
Can a Person With a Criminal Record Legally Possess or Own a Firearm in Ohio?
Even though the Second Amendment allows citizens to bear arms, specific individuals with criminal records may be legally barred from owning or possessing firearms. One of the most common examples is individuals with felony convictions.
Under Ohio law, individuals with prior felony criminal convictions caught with firearms will face new charges and possible prison sentences. However, it should be understood that not only convicted felons are prohibited from owning, possessing, or using firearms. Other individuals subject to Ohio gun laws include:
- A fugitive from justice
- Anyone under indictment for violent offenses
- Individuals with prior criminal convictions for violent offenses such as domestic violence
- Individuals who have been deemed mentally incompetent
- Individuals who have been indicted for the use, sale, or other illegal possession of controlled substances
- Individuals who are drug dependent or suffer from chronic alcoholism
Furthermore, Ohio law states that other deadly weapons that can launch projectiles also fall under the laws that regulate weapons offenses. Other deadly weapons include:
- An unloaded firearm that can be easily reloaded
- Sawed-off or automatic firearms
- Zip-guns
- Firearms that have been manufactured for military purposes
- Explosives or other incendiary devices
Unfortunately, many individuals are unaware they are committing firearms violations but still find themselves in legal trouble. Therefore, because Ohio weapons charges can be challenging to understand, hiring a Cleveland criminal defense attorney who can answer your questions is always in your best interest. Our law firm is dedicated to providing skilled legal representation to those facing gun and weapons charges and will fight to protect your freedom.
What are Examples of Improperly Handling a Firearm?
In the interest of public safety, state laws have been enacted to help prevent serious bodily injury or death that could stem from an individual improperly handling firearms. Failure to comply with Ohio gun laws can have life-long implications for defendants who are convicted of gun crimes.
For this reason, you must familiarize yourself with state and federal gun laws. Failure to do so can result in your arrest and harsh consequences if convicted.
One common example of improperly handling firearms includes discharging a firearm in a vehicle. State laws have strict rules that determine how weapons should be transported, which include:
- In plain sight and secured to a holder or rack made explicitly for that purpose
- In a closed box, package, or case
- In a vehicle compartment that can only be reached by exiting the vehicle
- If the firearm is at least 24 inches in total length and the barrel is at least 18 inches long, it must be in plain sight or stripped with the action open. However, if the action does not remain open or cannot be easily stripped, it may be transported legally as long as it remains in plain sight
Unfortunately, many individuals fail to follow the rules, which can result in them being charged with gun offenses. For example, transporting an unloaded firearm in a vehicle is still a chargeable offense if it is not adequately secured. Transporting a gun unlawfully is considered a fourth-degree misdemeanor and can leave an individual with a permanent criminal record.
Other weapons charges that can result from improperly transporting a firearm include:
- Having a loaded firearm easily accessible in the vehicle applies even if you have a concealed weapon permit
- Transporting a loaded firearm in a vehicle while under the influence of drugs or alcohol
- Failing to immediately notify law enforcement that you have a firearm before they ask
If you have been charged with improperly handling a firearm, you must hire a Cleveland criminal defense lawyer to assess your case professionally. Watson Kuhlman, LLC has highly trained defense lawyers who can work with you to create an effective defense strategy that will serve your legal needs.
When Do I Have to Notify Law Enforcement That I Have a Firearm in the Vehicle?
You are required to notify law enforcement officials that you have a firearm before they ask. One of the best steps to protect yourself is to be familiar with the law regarding carrying a concealed weapon. However, several scenarios can lead to individuals being arrested and charged with weapons offenses.
- Fail to inform a law enforcement officer that immediately you have a concealed weapon permit, and there is a loaded firearm in the vehicle
- Having contact with a loaded firearm by touching it with your hands or fingers or keeping the weapon in sight while still seated in a vehicle unless otherwise directed by the law enforcement officer
- Failing to comply with the law enforcement officer’s directions concerning removing the gun from the vehicle
- Failing to comply with any lawful order as directed by the law enforcement officer while the vehicle is stopped
For their safety, law enforcement officials will always approach each situation where a weapon is present with abundant caution. Failing to comply with their direct orders can result in you facing additional charges and compromising your safety.
If you are pulled over and have a firearm in the vehicle, promptly inform the officer that you have a weapon. Be calm and respectful and follow the officer’s orders. Remember, if law enforcement tries to question you regarding the weapon, you have the right to remain silent. Finally, if you are arrested, contact a Cleveland criminal defense lawyer who will ensure that you will be treated fairly and that your rights are protected.
Do not risk your future and freedom by hiring an attorney who is unfamiliar with Ohio’s gun laws. Instead, contact Watson Kuhlman, LLC, and ask to schedule a free consultation with an experienced criminal defense lawyer who will explain your legal options.
What Are Some Places in Ohio Where Carrying a Firearm is Prohibited?
Under Ohio law, several prohibited premises exist where individuals may not legally carry firearms. Just as with other gun laws, weapons offenses can lead to stiff penalties, probation, or even prison time. Some of the prohibited premises covered under Ohio law include:
- Any law enforcement facility, including highway patrol and police or sheriff stations
- Correctional facilities
- Courthouses and other government buildings
- Colleges and universities, unless in permitted areas
- A school safety zone
- Mental health facilities
- Private property where owners have posted signs prohibiting firearms
- Airport terminals beyond security checkpoints
In addition to not being able to carry a concealed weapon in restricted areas, some laws prohibit areas where a gun may not be discharged, including:
- Discharging a firearm over a road
- Discharging a firearm near a church, cemetery, or school
- Discharging a gun at a wild animal during hunting season except under permitted conditions
If you attempt to carry a concealed weapon into any of the prohibited areas listed, you will most likely face criminal charges. Although every criminal charge related to a weapons crime has different penalties, they can all result in a criminal conviction that can make it challenging to achieve your life goals.
Regardless of your criminal charge, you need aggressive representation to help you clear your name and resume your life. Contact our law firm today to meet with a Cleveland criminal defense attorney who will fight to protect your future.
What Strategies Can a Criminal Defense Attorney Utilize to Protect their Client?
Criminal defense attorneys have in-depth knowledge of the laws and legal intricacies of defending clients against gun charges. As a result, attorneys are prepared to assert their client’s rights by utilizing well-crafted defense strategies to help them obtain favorable outcomes.
Defense attorneys have several strategies for defending someone accused of a gun or weapons offense. First and foremost, criminal defense lawyers must understand the specific requirements for proving an offense associated with guns or weapons in local, state, and federal court. The guidelines surrounding each case may vary significantly depending on whether the charges are classified as misdemeanors or felonies.
Attorneys must also be familiar with any relevant case law that could strengthen their client’s argument in court. Attorneys often work closely with prosecutors to negotiate plea deals that reduce or dismiss charges or arrange alternative sentencing options such as probation.
Criminal defense attorneys may also argue that the guns or weapons involved were obtained illegally, thereby absolving their client of responsibility. An experienced defense attorney could assert that the firearms were not used in a threatening manner and, therefore, not intended for any unlawful purpose. Lawyers may also challenge the evidence presented by prosecutors, including witness testimony, illegal search or seizure, and physical evidence. Finally, a defense attorney can further argue that the police lacked a proper search warrant and that any evidence related to confiscated guns or weapons should be suppressed.
If you have been charged with a gun crime, you should never try to handle your defense alone. State and federal laws for gun-related charges can be overly complex, and a conviction can result in negative life-changing consequences that could be potentially avoided with the help of a criminal defense lawyer.
Contact our law firm to schedule a meeting with a Cleveland criminal defense lawyer who will fight to protect your freedom and future.
What are the Legal Implications of Being Found Guilty of a Weapons Offense?
Depending on the jurisdiction in which you were accused, being found guilty of a firearms offense might have serious repercussions. It might result in incarceration, harsh financial penalties, or even a protracted probationary period. Suppose you are found guilty of a firearms charge. In that case, your criminal history may be made public, making it more challenging to find stable employment or access other opportunities. Additionally, even if you are not found guilty of a crime involving a weapon but are accused of it, the stigma associated with your arrest may stick with you for the rest of your life.
Anyone accused of possessing a weapon should obtain legal advice from an experienced criminal defense attorney who has experience addressing gun laws and other pertinent restrictions, given the seriousness of these penalties and their potential long-term implications on your life. Defense attorneys can counsel clients on the best course of action and develop a strong defense on their behalf.
Watson Kuhlman, LLC has criminal defense attorneys with in-depth experience representing clients facing gun-related charges. Our main objective is to try to have charges dropped or negotiate a plea deal that will allow you to resume your life. Contact our Cleveland law firm today to schedule a consultation so that we may review your charges and discuss what defense strategy suits your needs.
What are the Criminal Penalties for Ohio Weapons Charges?
Ohio imposes harsh penalties and stiff fines for defendants who have been convicted of gun and weapons charges. Depending on the circumstances involved in the case, a defendant could face a fine for a misdemeanor or a lengthy prison sentence. Some of the factors a court may use to determine sentencing include any prior convictions and the intent behind the offense, such as whether the defendant was planning to commit a crime if the firearm was discharged, or if anyone suffered injuries.
Any conviction can result in a permanent criminal record, making it challenging for individuals to obtain employment, enlist in the military, or attend the school of their choice.
Therefore, penalties for Ohio weapons crimes can vary significantly. Suppose you have been charged with failing to disclose to law enforcement that you had a loaded handgun in your vehicle. In that case, you could be charged with a misdemeanor and face a fine of $150. However, individuals arrested for transporting a firearm unlawfully will most likely face harsher penalties, including steep fines, incarceration, and being placed on probation.
However, individuals charged with felony weapons offenses face even harsher consequences. For example, suppose you have been arrested for being under the influence and also having a firearm in the vehicle. In that case, you face a fourth-degree felony with a possible penalty of 6 to 18 months in prison and a fine of up to $5,000.
The greater the degree of felony, the harsher the penalties defendants face if convicted. For example, an individual may be charged with a first-degree felony improper handling charge for discharging a firearm from inside a vehicle, punishable by a prison sentence of 3 to 10 years and a fine of up to $20,000.
If you have been arrested, you must hire a defense lawyer who has extensive experience helping clients charged with weapons offenses. Our dedicated team of criminal defense lawyers has in-depth knowledge of Ohio gun laws and knows what it takes to get results.
What Can Happen to Convicted Felons Charged With Ohio Weapons Offenses?
State law prohibits convicted felons from using, possessing, or owning firearms. Furthermore, under the term “constructive possession,” the weapon in question does not have to work or be located on the accused for law enforcement to be able to bring charges.
If a convicted felon is found guilty of firearms possession, they could face significant penalties, including steep fines and a lengthy prison sentence. A convicted felon found to be in possession of a firearm can be charged with a third-degree felony. In Ohio, a third-degree felony is punishable by a prison sentence of up to 36 months and a fine ranging up to $10,000.
In most instances, convicted felons will find themselves in trouble because they live with someone who is legally permitted to own or possess firearms. However, if you are a convicted felon who lives with a gun owner, the other person must always ensure that the weapon is secured in such a way that it is evident that you do not have any way to gain access to the weapon.
However, our defense attorneys understand that individuals can often face criminal charges for legal issues they did not take time to consider. Watson Kuhlman, LLC is here for those facing criminal charges related to gun or other weapon offenses.
No matter what the particulars of your case may be, if you are a convicted felon who has been charged with firearm violations, contact our law firm so that we can evaluate your criminal charges and determine how we can assist you.
How Can a Weapons Charges Attorney Assist Clients in Defending Themselves?
When someone is charged with a crime involving guns or other weapons, they may be unsure of the best way to defend themselves. Most defendants realize they need to hire an attorney but may not know they need legal representation from an attorney with significant experience handling O weapons charges.
A skilled attorney can provide experienced and knowledgeable guidance on how to navigate a criminal case related to weapons charges for:
- A concealed handgun
- A loaded firearm
- Unlawful possession
- Firearms trafficking
- Violent crime with a weapon
The first step for an attorney is to review all the evidence to assess the strength of the prosecution’s case. Reviewing the evidence is vital and can also involve interviewing witnesses and consulting expert testimony if necessary. An experienced attorney will use their knowledge of state laws regarding firearms and constitutional law to craft a strategy designed to minimize potential consequences for their client.
Carefully scrutinizing the evidence may mean challenging the validity of search warrants or engaging in plea negotiations with prosecutors to reach favorable outcomes for their clients. We understand how the state conducts criminal investigations and can look for weaknesses and inaccuracies in your case.
Depending on the circumstances and any mitigating factors that could lessen the punishment, attorneys may be able to have a weapons charge dismissed or reduced. A weapon charges attorney provides legal guidance and support during what is usually an intimidating and stressful process.
Why Should I Choose Your Criminal Defense Attorneys to Help Me Fight Weapons Charges?
Anyone who has been arrested for firearm offenses could face harsh penalties and lengthy incarceration. Additionally, individuals convicted of felony weapons offenses will be forever branded as a convicted felon. Convicted felons are barred from obtaining specific professional licenses, receiving federal benefits, or enlisting in the military.
At Watson Kuhlman, LLC, we understand the severity of weapons charges and the consequences they can have on your life. Our experienced attorneys are dedicated to providing exceptional legal representation throughout every stage of your case. Furthermore, we are passionately committed to protecting your rights and assisting you in obtaining a favorable outcome.
We offer our clients a comprehensive range of services that enable them to pursue their best possible defense strategy:
- Investigative research into the facts surrounding your case
- Counseling on how to proceed depending on individual circumstances
- A thorough review of the evidence before entering pleas or engaging in negotiations
- Preparation of defenses and arguments to support the best interests of our clients
- Competent advocacy in courtrooms or at hearings
With a focus on providing personalized, quality legal service, we strive to ensure that every client is fully informed about their rights and options. We understand that any weapons charge can have severe implications for your future. You do not have to face weapons charges alone.
Secure the legal representation you deserve by contacting Watson Kuhlman, LLC today and reclaiming your rights.
Watson Kuhlman, LLC is here to help protect your rights. Contact us today at (216) 208-7858 and start building your case with a guns and weapons charges lawyer.