Mecklenburg Gun Defense
A Mecklenburg gun defense varies depending on the details of the particular case. With regard to the elements of different cases, some convictions require proof of possession whereas others require the actual discharging of the firearm. The details vary from case to case, but the penalties are severe for all.
Penalties range from a class one misdemeanor all the way up to felony charges. Often, there is a mandatory minimum incarceration period. In those cases, the judge and jury have no room for discretion. That is why, when it comes to building a Mecklenburg gun defense, it is important to contact a lawyer with years of experience so as to increase your chance of reducing the charges or mitigating the damages.
Preparing for Court
How the attorney prepares for court depends on what type of gun charge the trial is for. If it is a gun charge relating to brandishing or shooting in town, it is going to be a significantly different preparation than that for possession of a firearm in the course of a robbery or alongside heroin possession. In those cases, the person is going to want to focus on the other, greater crime.
If gun possession is strictly prohibited because the person is alleged to have possessed a drug at the same time, the first priority is to overcome the possession charge. If that can be accomplished, it is quite likely that the firearms possession would no longer be illegal. Working with a qualified lawyer on the Mecklenburg gun defense will be the greatest chance at improving the potential outcome.
Common Defense Strategies
Depending on the type of charge, the person is going to want to try and refute the allegation of possession. In order to be fully informed, it is also important to know whether the Commonwealth can prove the criminal record of the defendant sufficiently with certified convictions within a certain timeline. That way, the defense can know what they are up against and how to best prepare.
A lot of the time, records are purged, offices flood, places catch on fire. It is outrageous but it happens all the time. Thus, it is important to make sure there is proper identification if the person is charged with something like brandishing. There are a number of different strategies that an attorney may choose to employ, based on the circumstances of each case.
Refuting the Evidence of the Prosecution
How one goes about challenging the arguments of the prosecution over the course of a Mecklenburg gun defense depends on each individual case. Ultimately, the goal is to weaken the strength of the evidence, casting doubt because the prosecution achieving a conviction relies on their being none. The prosecution is trying to prove their case beyond a reasonable doubt. Therefore, the best Mecklenburg gun defense is one that instill reasonable doubt in the minds of the judge and jury.
For example, if a defendant was charged because they allegedly had a gun and drugs, defense counsel would look to see if the drugs come back identified as a drug on a schedule that would then preclude possession of a firearm. They would also check that the prosecution entered the proper lab certificate, and that they filed it in a timely fashion.
Sufficiency of a Second Amendment Defense
The government has made certain types of gun behaviors illegal outside of just possession. They have the right to possess weapons but not that broadly. The person does not have the right to harm other people, and the person does not have the right to possess guns while committing certain crimes. A person does not have the right to possess a gun if they have committed felonies in the past. In Virginia, there are ways that second amendment defenses in Mecklenburg gun charges are limited by the state and federal government.
Because the Second Amendment is a broad constitutional right, that can be and has been limited by the state and federal governments in a number of ways. A person does have a broad right to possess guns but that right has been limited and the person needs to be aware of all of the circumstances and limitations and locations and behaviors that had been limited by both the federal and state government when it comes to firearms.
How an Attorney Can Help Prepare a Case
An individual should look at the number of years of experience an attorney has, their ties to the community, their past experience working with gun charges, their experience working with the Commonwealth attorney’s office where the person is charged with, how frequently they have appeared in front of a judge or in the traditional circuit, and the amount of resources.
The purpose of second amendment defenses in Mecklenburg gun charges is to prove that the individual is not guilty of the associated criminal act. When it comes to the felons in possession of a firearm, the person is going to be focusing since a person can’t beat a prior criminal record, the felony already exists. The person would want to make sure the Commonwealth has a certified copy of that felony and if they do, then the person would want to focus on dominion and control essentially proving that the individual was not in possession from a legal standpoint.
A lawyer who has extensive experience in precisely this area of the law will be well equipped to guide and advise you as you work to build a strong Mecklenburg defense. These types of cases can be convoluted and intense. Therefore, it will be extremely valuable to have the help of a professional as you navigate the process.