Mecklenburg Gun Penalties
Someone who has been charged with a gun offense is facing a variety of Mecklenburg gun penalties depending on the circumstances of the case. These range from a class one misdemeanor, which carries up to 12 months in jail, all the way up to a felony, which quite often carries mandatory minimums of multiple years of incarceration.
If you have been charged gun violation. It is important to contact a Mecklenburg gun lawyer as soon as possible so you fully understand the Mecklenburg gun penalties and are aware of the steps you need to take.
Mecklenburg gun penalties vary depending on the details of each individual case. If no one is injured in the alleged incident, it is a class one misdemeanor. However, if someone is injured, whether or not there was any intent to do so, the charge is going to be elevated to the level of a felony.
Another aggravating factor when it comes to the assignment of penalties is whether or not the felony is a violent or non-violent one. Beyond what is mandated by the statute regarding the imposition of jail time, another side penalty may be that the defendant forfeits their legal right to possess a weapon in the United States.
There is no mandatory minimum penalty for gun-related offenses in Mecklenburg. Barring the most severe offenses, the harshest penalty that someone is likely to receive in case of a conviction is at least 5 years’ imprisonment. The incarceration would be as a result of a violent felony.
That five-year minimum would also apply to a second or a subsequent conviction and some violent crimes, such as:
- Malicious wounding
Mecklenburg does not have a tremendous amount of violent crime and certainly not a lot of people getting convicted of it more than once while they have a firearm.
How Location Makes a Difference
When it comes to Mecklenburg gun penalties, the Commonwealth usually focuses more on things like whether there are drugs involved, or whether the alleged perpetrator has any kind of criminal record. That being said, there is also the element of location to consider when determining the most appropriate sentence in case of a conviction. If, for example, an armed robbery occurs within the vicinity of an elementary school, that will be considered an aggravating factor. That is because there is an increased risk of a child being wounded, accidentally or not, and that is absolutely something that the Commonwealth wants to discourage. They discourage it by adding extra penalties to a sentence, such as additional years to an incarceration.
How an Attorney Can Help
The first job of an attorney is to try and get the defendant acquitted of the charges entirely, convince the court to grant the defendant a verdict of Not Guilty, and keep the entire case off the record of the accused. If achieving one or all three of those outcomes is not possible, then the attorney can help mitigate the damages. This includes efforts to reduce the sentencing requirements and arguing to see if a charge can be amended to something that does not carry as many penalties.
The defense attorney will also be well equipped to discuss alternative resolutions with the prosecution and the state. In these discussions, they will examine other avenues, besides a conviction, that would satisfy the Commonwealth and law enforcement, which also help the defendant avoid an unnecessary or excessive punishment.