How a Criminal Attorney Can Defend You Against Weapons Charges

Weapons charges are serious offenses that can carry significant consequences, including lengthy prison time, hefty fines and a permanent criminal record. Such penalties can jeopardize your freedom, tarnish your reputation and limit your future opportunities. For those facing weapons charges, hiring an experienced attorney can mean the difference between a conviction and securing your future. At the Law Offices of Shane O’Donnell, we understand the fear and uncertainty that accompany these charges. Let us help you protect your rights in the face of criminal accusations. 

Understanding Weapons Charges and Their Consequences

Weapons charges in Indiana encompass a wide range of alleged offenses, such as carrying a handgun without a license, illegal firearm possession, violations on school property and possessing firearms with altered serial numbers. These charges often come with harsh penalties. For example, possession of a handgun by a serious violent felon is considered a Level 4 felony that is punishable by a prison sentence and high fines. 

The potential for life-altering outcomes makes it essential to have a skilled attorney by your side. Understanding the unique aspects of your case and developing a tailored defense strategy are crucial steps in fighting these charges. 

How a Criminal Attorney Can Help

Challenging the Evidence

One of the most effective ways a criminal defense attorney can safeguard you is by challenging the evidence against you. Prosecutors need to prove all elements of the charge beyond a reasonable doubt. A skilled attorney will examine all evidence for inconsistencies, procedural errors or unreliable testimony. Was the weapon properly handled and stored as evidence? Were there issues with witness credibility? By scrutinizing the prosecutor’s case, your attorney can weaken their arguments and create reasonable doubt, potentially leading to a dismissed or reduced charge. 

Arguing Unlawful Search and Seizure

The Fourth Amendment prohibits unlawful search and seizure. If law enforcement obtained evidence against you without following proper legal procedures, such as conducting a search without a valid warrant or lacking reasonable suspicion during a traffic stop, your attorney can file a motion to suppress that evidence. If critical evidence is deemed inadmissible, the prosecution’s case may collapse entirely. 

Demonstrating Lawful Circumstances

Not all weapons charges involve illegal activity. For example, carrying a firearm may be permissible in certain locations or situations, such as on private property or at a gun event. Your attorney can argue that your actions were legal because they adhered to Indiana law or fell under specific exemptions. By presenting evidence of lawful circumstances, such as ownership documentation or firearm permits, your lawyer can mitigate or eliminate the charges. 

Seeking Reduced Sentences

Even in situations where a conviction cannot be avoided, an experienced attorney can negotiate for a reduced sentence. Factors such as a first-time offense, lack of intent to harm or your cooperation with law enforcement can play a role in minimizing penalties. Your attorney will advocate for alternatives to incarceration, such as probation, community service or diversion programs, to reduce the impact of the charges on your life. 

Take the First Step Toward Protecting Your Future

Facing weapons charges can be one of the most overwhelming experiences of your life. However, with the right legal representation, you don’t have to face it alone. The Law Offices of Shane O’Donnell is committed to safeguarding your rights and helping you pursue the best possible outcome. Contact us now to build a strong defense.