Weapon Offense Charges in Delaware: What to Expect and How Defense Strategies Work
Criminal charges related to weapons are taken very seriously in Delaware. Charges involving weapons, particularly firearms, can lead to very harsh penalties. These penalties extend far beyond the courtroom. Knowing what these charges mean and how to defend them is very important for anyone who has been accused of a weapons offense in Delaware.
Common weapon offense charges in Delaware
Weapon charges can vary in different situations, even if no person has been injured. The charges include:
- Possession of a firearm by a prohibited person
- Carrying a concealed weapon without proper authority
- Possession of a weapon during the commission of a felony
- Improper transportation or storage of a firearm
- Use or display of a weapon during an altercation
In many cases, weapon charges can accompany other criminal charges, which can result in harsher penalties.
Why weapon cases are often complex
With weapon offenses, legal technicalities are often at issue rather than the actual physical presence of a weapon or a gun. Some of the legal technicalities that are often at issue in weapon cases include:
- Was there legal ownership or possession of the weapon?
- Was there a legal search and seizure by law enforcement?
- Was there actual possession of the weapon by the defendant?
- Did the weapon match the legal definition of a weapon as defined by the statute?
The role of search and seizure in weapon cases
In most cases, the weapons charge is related to a traffic stop, home search, or street encounter with police officers. If the police failed to adhere to the constitutional requirements for search and seizure, the prosecution of the weapons charge may be weakened by the suppression of evidence.
For instance, in a case where the police conducted an unlawful vehicle search or made an unlawful stop, the prosecution may be weakened by the suppression of the evidence, since the weapon will not be admissible in court.
Potential defense strategies
Defense strategies in weapons cases can vary depending on the circumstances. Often, they include:
- Challenging the lawfulness of the search or arrest
- Challenging possession or control of the weapon
- Challenging knowledge of the presence of the weapon
- Challenging whether the weapon falls under the statute
- Negotiating reductions or dismissals in cases where charges were improperly enhanced
In some cases, prior convictions or being a prohibited person may become a central issue to be carefully examined for legal validity.
Consequences beyond jail time
A conviction on a weapon charge can also have serious ramifications beyond just a prison sentence. These include the permanent deprivation of gun ownership, employment difficulties, housing issues, and a limitation of future legal opportunities.
The severity of the sentencing for weapon-related charges can be compounded by other charges, emphasizing the need for timely and effective legal defense.
Talk to a Wilmington, DE, Weapon Charges Attorney Today
The Law Office of Michael W. Modica represents the interests of Delaware residents who are facing weapon charges. Call our Wilmington criminal defense attorneys today to schedule an appointment, and we can begin preparing your defense right away.
