Worcester Gun Lawyer
While the Second Amendment to the United States Constitution gives citizens the right to bear arms, people must exercise this right in accordance with state laws and firearm regulations. Worcester takes gun crimes very seriously, and many state laws regulate individuals’ possession, use, and ownership of weapons.
In Worcester, handguns must be licensed and a person may not carry a concealed weapon on their person without possessing the proper permit. If you are charged and convicted of a gun offense, you can face serious penalties, including incarceration. A Worcester gun lawyer could defend you in your case. Let a diligent criminal attorney pursue a favorable result on your behalf.
Typical Types of Gun Charges
An experienced gun lawyer in Worcester could be familiar with the various gun charges that an individual may incur. Common gun offenses in Worcester include:
- Possessing an unlicensed handgun in the state – While individuals have a constitutional right to keep and bear arms, they must comply with all applicable licensing requirements. If they fail to do so, they can incur criminal charges.
- Carrying a firearm onto school property located within the state – This offense may result in a sentence enhancement in some instances.
- Possessing a firearm after sustaining a felony conviction – When a person sustains certain felony convictions, which may include some drug convictions, the State will prohibit them from possessing a firearm thereafter. If the accused possesses a firearm after sustaining a qualifying conviction, they will likely incur additional criminal charges.
With these Worcester firearm charges, it is also against the law in Worcester to carry a concealed weapon without possessing the necessary gun permit. No matter which gun charges an accused person is facing, they are recommended to consult a Worcester gun attorney to learn their rights.
What Does it Mean to Possess a Firearm in Worcester?
Illegal firearm possession could involve either active or constructive possession of the firearm. Actual possession usually means that a searching police officer finds the firearm on the accused’s person or in their clothing.
Constructive possession typically means that the officer discovers the firearm in the accused’s immediate vicinity, which could include in a home or motor vehicle where the accused is, or was, present. For constructive possession to apply, the accused must exercise some degree of control over the firearm. If this element is lacking, the accused and their defense attorney may raise their lack of control over the firearm as a defense to their charge.
A Worcester attorney could ensure that the accused’s rights are protected throughout the criminal case and work on preparing a strong defense to the pending gun charge.
Possible Penalties for Firearm Convictions
The prosecuting attorney must prove the accused guilty of a gun charge beyond a reasonable doubt, which is a very difficult threshold to satisfy. In contrast, the accused need not prove anything.
In the event the prosecution proves the accused’s guilt, the duty falls upon a judge to pass sentencing. A judge could order the accused to spend time in jail, pay a fine, or serve a period of probation. If the judge orders probation, the judge could suspend some – or all – of the jail time imposed. A felon that is found in possession of a handgun faces a mandatory minimum of five years incarceration without the possibility of parole, which is a sentence that the judges must impose by law.
Work with a Worcester Gun Attorney
Worcester gun laws are not on your side, and all gun charges are serious. If you are currently facing a firearm charge, a Worcester gun lawyer could thoroughly investigate your case, represent you at trial, and advocate for you at a sentencing hearing.