Weapons Charges in Delaware: Penalties, Defenses, and Common Mistakes
In Delaware, weapons cases are treated very seriously and can bring about drastic and life-changing penalties for those who are convicted. If the charge is for possession, carrying concealed, or possessing a firearm as an individual with a felony record, a guilty verdict will bring about serious fines and even jail time. Having knowledge about what to expect when facing weapons charges and what kinds of defenses are possible is key.
Common weapons charges in Delaware
Weapons crimes have been defined in detail in Delaware law. They include such acts as illegal possession of a concealed deadly weapon, the use of a firearm during the commission of a felony, and possession of a firearm by a person prohibited. Prohibited individuals can include those convicted of specific felonies in the past, anyone who is under a protection-from-abuse order, or those otherwise prohibited by state law.
Furthermore, there may be other offenses that accompany weapons violations, thus elevating the total seriousness of the charges. The presence of a gun when committing another crime, for instance, attracts automatic minimum prison terms.
Penalties and consequences
Delaware has a range of punishments for weapons-related offenses that depend on the nature of the crime as well as the defendant’s record. While some offenses fall under the category of misdemeanors, others result in felony charges and years of imprisonment. For example, the charge of possessing a firearm by a prohibited individual will most likely be a felony, and in case of conviction, the offender is likely to serve jail time.
In addition to jail terms and fines, other lasting effects can arise from such an arrest.
Possible defenses to weapons charges
To counter a weapons charge successfully, one must carefully analyze both the facts of the case and how the matter was handled by the police. For instance, one could use an illegal search as the reason for dismissal since any information gathered illegally is subject to suppression.
Other defenses might include lack of knowledge or possession on the part of the defendant. It might be argued that one had no idea about the existence of any weapons, or that the weapon did not belong to the charged person at all. It is also possible to argue that the classification of the weapon is incorrect. In other words, the weapon isn’t “deadly” under Delaware law.
Common mistakes to avoid
One of the most critical blunders people commit is talking to the police without having a lawyer with them. Innocent-sounding words can be used against them. In addition, people often consent to searches without knowing their rights. They do not need to let the police conduct a search on them without a warrant.
Disobeying the state of Delaware’s rules and regulations about weapons can cause them severe legal complications.
Talk to a Wilmington, DE, Weapons Charges Attorney Today
Michael W. Modica represents the interests of those charged with the unlawful possession of a weapon. Call our Wilmington criminal defense lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
