Columbus Gun Charge Defense Attorney

Experienced Gun Charge Lawyer serving Franklin County, OH

You may unintentionally break the law and face criminal gun charges if you allow your permit to carry a concealed weapon expire, or you forget to lock your gun case and a child gains possession of the weapon. A firearm is a deadly weapon that is capable of shooting projectiles regardless of whether it is unloaded or temporarily inoperable. That includes any rifle, pistol or portable gun, automatic or semi-automatic rifle or a sawed-off shotgun. A zip gun or crude firearm, a starter's pistol or a safety device like a flare gun are also in the category of deadly weapons. Ohio has strict gun laws and if you are in violation, you need to speak with a Columbus gun charge defense lawyer from The Meranda Law Firm LTD immediately, as penalties can mean jail or prison, fines and a criminal record.

Facing Gun Charges?
Don't face the legal system alone. Contact us today at (614) 707-4239 to schedule a free consultation with our experienced Columbus gun charge defense attorneys.

Unlawful Firearms Use

There are laws in place to control the use of guns so people avoid hurting themselves and others. If one knowingly engages in illegal gun use, the offenses can range from a misdemeanor to a major felony. Carrying a concealed firearm without a proper permit and improperly handling a firearm in a motor vehicle are both violations of state law. Selling, buying or otherwise transacting or being in unlawful possession of a firearm are criminal activities and made worse if a gun is provided to a minor. The use of a gun or any firearm while intoxicated is a violation.

Convicted felons cannot possess or use a firearm and if caught, the individual may face a charge of a felony in the 3rd degree. The improper discharge of a firearm near or over a public roadway, at or near a cemetery, or into an occupied structure also violates gun laws. If one knowingly fires a gun within 1,000 feet of a school or safety zone and the act causes a panic and evacuation of the grounds, the violator will probably face serious charges.

Penalties for Gun Offenses in Ohio

Most cases for unlawful use of firearms are a misdemeanor charge. For a minor misdemeanor it is a maximum fine of $150. A 4^th to 1^st degree minor penalties can mean a maximum 180 days in jail, and fines up to $1,000. Felonies in the 5^th degree to 1^st degree can carry a sentence of 6 months to 10 years in prison, and fines from $2,500 to $20,000.

Understanding Your Rights: The Importance of Legal Representation

Facing gun charges can be a daunting experience, and understanding your rights is crucial. At The Meranda Law Firm LTD, we believe that informed clients are empowered clients. Our dedicated team is here to guide you through the complexities of gun laws in Ohio and ensure that you are fully aware of your legal options.

Here are some key points to consider about your rights when facing gun charges:

• Right to Legal Counsel: You have the right to an attorney who can advocate on your behalf and help navigate the legal system.
• Right to Remain Silent: You are not obligated to answer questions from law enforcement without your lawyer present.
• Understanding Plea Options: A skilled attorney can help you understand the potential outcomes of your case and negotiate plea deals if applicable.
• Challenge Evidence: Your lawyer can challenge the legality of the evidence gathered against you, potentially leading to reduced charges or dismissal.
• Protecting Your Future: A strong defense can prevent a gun charge from impacting your future employment, housing, and personal life.

Our experienced attorneys at The Meranda Law Firm LTD are committed to providing personalized legal strategies tailored to your specific situation. Don't face gun charges alone—contact us today for a free consultation and let us help you protect your rights.

Common Defenses Against Gun Charges in Ohio

Facing gun charges in Ohio can be a daunting experience, but there are several common defenses that may help you avoid conviction. Understanding these defenses is crucial in building a solid case:

Lack of Intent

• Many gun charges, such as illegal possession or improper handling, require the prosecution to prove that you acted with intent. If there is no evidence of intent to commit a crime, the charges may be reduced or dismissed.

Unlawful Search and Seizure

• If law enforcement violated your constitutional rights during the search and seizure of a firearm (i.e., no probable cause or warrant), evidence obtained in this way may be inadmissible in court. An experienced attorney can challenge the legality of the search, potentially leading to the dismissal of charges.

Mistaken Identity

• If you are falsely identified as the person committing a gun-related crime, your defense attorney can present evidence to prove that you were not the individual involved. This may include alibi witnesses, surveillance footage, or other evidence that shows your innocence.

Lack of Knowledge

• In some cases, you may not have known that a firearm was in your possession, especially in situations involving vehicles or shared spaces. This lack of knowledge can serve as a defense against charges related to possessing a firearm without a permit or carrying a concealed weapon.

How Ohio’s Stand Your Ground Law Affects Gun Charges

Ohio's "Stand Your Ground" law provides a legal defense for individuals who use force, including firearms, in certain self-defense situations. Under this law:

No Duty to Retreat

• You are not required to retreat if you are in a place where you have the legal right to be and feel threatened. If you use a firearm in self-defense under these circumstances, the Stand Your Ground law may protect you from criminal liability.

When It Applies

• The law applies when you reasonably believe you are in imminent danger of death or serious harm, and the use of force is necessary to protect yourself. It’s important to note that this defense is only applicable if the use of force was proportionate to the threat.

Legal Requirements

• In order to invoke the Stand Your Ground defense, the threat must be immediate, and your response must be reasonable. If your use of a firearm goes beyond what is necessary to protect yourself, the defense may not apply.

Firearm Ownership and Gun Registration in Ohio

Ohio has strict laws regulating firearm ownership and registration. To legally own a firearm in Ohio, you must:

Eligibility

• You must be at least 21 years old, a U.S. citizen or legal resident, and not a convicted felon or subject to a domestic violence protection order. Additionally, you cannot be under indictment for a felony or involved in certain types of criminal activity.

Registration

• While Ohio does not require residents to register their firearms, certain types of guns, such as assault weapons, may have specific registration requirements. Be sure to follow Ohio law when purchasing, transferring, or possessing firearms.

Penalties for Violations

• Violating Ohio's gun laws, such as possessing a firearm as a convicted felon, carrying a concealed weapon without a permit, or improperly storing a firearm, can result in serious criminal charges, including fines and imprisonment. Ensuring compliance with Ohio’s firearm laws is essential to avoiding these consequences.

Having a strong defense strategy, especially when facing gun-related charges in Ohio, can significantly impact the outcome of your case. Working with an experienced attorney who understands these laws is crucial for navigating the legal process effectively.

Why Choose The Meranda Law Firm for Your Gun Charge Defense?

When facing gun charges in Columbus, having a knowledgeable and experienced attorney is crucial. The Meranda Law Firm is dedicated to providing personalized legal representation tailored to your unique situation. Our team understands the complexities of gun laws in Ohio and is committed to advocating for your rights every step of the way.

Here are some reasons why clients choose us:

• Proven Track Record: We have successfully defended numerous clients against gun charges, achieving favorable outcomes through negotiation and trial.
• In-Depth Legal Knowledge: Our attorneys stay updated on the latest changes in gun laws and regulations, ensuring that you receive informed legal counsel.
• Personalized Approach: We take the time to understand your case and build a defense strategy that aligns with your goals and circumstances.
• Compassionate Support: We recognize that facing legal challenges can be stressful. Our team provides compassionate guidance and support throughout the legal process.
• Free Initial Consultation: We offer a no-obligation consultation to discuss your case, answer your questions, and outline your options.

Don't leave your future to chance. Contact The Meranda Law Firm today to schedule your free consultation and let us help you navigate the complexities of your gun charge defense.

FAQ for Gun Charge Defense in Ohio

• What should I do if I'm arrested for a gun-related offense in Ohio?
  If you are arrested for a gun charge, it's important to remain calm and invoke your right to remain silent. Avoid making statements to law enforcement without an attorney present. Contact an experienced criminal defense lawyer as soon as possible to protect your rights and guide you through the legal process.
• Can I be charged with a gun crime even if the gun is not loaded?
  Yes, you can still face gun charges in Ohio, even if the firearm is not loaded. The key issue is whether the firearm was in your possession or being used unlawfully. Ohio’s gun laws treat any firearm—loaded or unloaded—as a weapon capable of harm if it is improperly handled or used in violation of the law.
•  What is the difference between "carrying a concealed weapon" and "improperly handling a firearm"?
  Carrying a concealed weapon refers specifically to carrying a firearm in a concealed manner without the appropriate permit. Improperly handling a firearm typically involves actions like firing a weapon in a reckless manner or carrying it in a vehicle without following the legal guidelines. Both are serious charges, but the penalties and legal requirements differ.
• If I have a valid concealed carry permit, am I still allowed to carry my firearm everywhere?
  No, a concealed carry permit does not grant you the right to carry a firearm anywhere. Ohio has specific places where carrying a firearm is prohibited, including schools, government buildings, private property that bans weapons, and certain public areas. It is important to understand these restrictions to avoid breaking the law.
• How does Ohio’s gun laws affect people with a criminal record?
  Under Ohio law, individuals who have been convicted of a felony are prohibited from owning or possessing firearms. Even a prior conviction for a misdemeanor crime of violence can affect your ability to possess a gun legally. If you are found in possession of a firearm as a convicted felon, you could face significant criminal penalties.
• Can I use a firearm in self-defense under Ohio law?
  Ohio law does permit the use of force, including deadly force, in self-defense under specific circumstances. If you reasonably believe that you are in imminent danger of death or serious bodily harm, you may be justified in using a firearm. However, you must meet the requirements of the law, and the response must be proportional to the threat.
• Can I get my gun charge expunged from my criminal record in Ohio?
  In Ohio, certain gun charges may be eligible for expungement or sealing of the record, but it depends on the nature of the offense and your criminal history. Expungement is not available for all offenses, especially felony convictions, so it’s essential to consult with an attorney to determine your eligibility.

Need Legal Help?
If you’re facing gun charges in Ohio, our skilled attorneys are here to help. Call us now at (614) 707-4239 or contact us online for expert legal guidance.