What Happens After You’re Arrested for a Gun Crime?

A gun crime arrest turns your life upside down in seconds. One moment, you have plans, a career, and a future. The next, you’re sitting in a holding cell trying to figure out what comes next. The stress of facing firearm charges in Indiana is real, and the stakes are high. Indiana follows specific criminal procedures for weapons offenses, and the decisions you make in the hours and days after your arrest can significantly affect the outcome of your case. The Law Offices of Shane O’Donnell can help you prepare.

Here is a quick overview of what to expect after a gun crime arrest in Indiana:

• You will be booked, fingerprinted, and processed at the local jail.
• A judge reviews your charges and sets bail within 48 to 72 hours.
• You will face charges classified as a misdemeanor or felony, depending on the offense.
• Prior convictions can increase the severity of your charges.
• Prosecutors will build their case using physical evidence, surveillance, and witness testimony.
• Penalties range from one year in jail to over ten years in prison for serious felonies.

What Are the Most Common Firearm Charges in Indiana?

Indiana law divides firearms offenses into two broad categories: licensing and possession violations, and prohibited uses of a firearm. Common charges include:

• Carrying a handgun without a license (a Class A misdemeanor that can rise to a Level 5 felony).
• Unlawful possession of a firearm by a serious violent felon (a Level 4 felony).
• Possession of a firearm by a domestic batterer.
• Obliterating or defacing a firearm’s serial number (a Level 5 felony).
• Illegal possession or operation of a machine gun (a Level 5 or Level 4 felony).
• Pointing a loaded firearm at another person (a felony).

The classification of your charge, whether misdemeanor or felony, directly determines the potential sentence you face.

How Do Prior Convictions Affect a Weapons Case in Indiana?

A prior criminal record can increase the charges against you. Carrying a handgun without a license, for example, rises from a misdemeanor to a Level 5 felony if you’ve had a felony conviction within the past 15 years. A prior conviction for a serious violent offense, such as robbery or sexual assault, can result in a Level 4 felony charge for simple possession. Courts take criminal history seriously in firearms cases, and prosecutors use it to seek harsher sentences.

What Evidence Do Prosecutors Use in Gun Crime Cases?

Law enforcement builds firearms cases using several types of evidence, including:

• Physical evidence, such as the firearm itself and any ammunition
• Surveillance footage from nearby cameras
• Witness statements and officer testimony
• Search and seizure records, including any evidence found during a traffic stop or home search
• Criminal history records and database checks

How that evidence was obtained matters greatly. If law enforcement collected evidence through an unlawful search, your attorney may be able to challenge its admissibility in court.

What Penalties and Defense Options Apply to Firearm Offenses?

Penalties for Indiana gun crimes range from up to one year in jail for a misdemeanor to two to 12 years in prison for a Level 4 felony. A conviction can also compromise your employment, housing eligibility, child custody rights, and your ability to own a firearm for life.

Potential defense strategies include challenging the legality of the search, disputing intent or knowledge, arguing self-defense, and contesting the reliability of witness testimony. Every case is different, and the right defense depends on the specific facts surrounding your arrest.

Contact the Law Offices of Shane O’Donnell Today

A gun crime charge is serious, but a charge is not a conviction. The Law Offices of Shane O’Donnell represents clients across Northwest Indiana, including Lake County, Porter County, and surrounding communities. Our team works to build a strong defense and protect your future from the moment you reach out. Contact us now to begin.