Gun Charge Lawyer Gwinnett County
Gwinnett County prosecutors and law enforcement agencies take gun charges seriously, so if you are facing such criminal charges, you need to take the case just as seriously. The government has already been working to build a case against you, and you need an experienced Gwinnett County prosecutor on your side who will fight to protect your rights. Contact Crawford & Boyle, LLC for your free and confidential consultation today.
Get help from experienced Georgia criminal defense lawyers by calling Crawford and Boyle, LLC, today. We offer free consultations to help you understand what to do next and protect your future.
Dial (678) 680-5000 now and schedule your free consultation.
How Can a Gwinnett County Criminal Defense Lawyer Help Me?
Gun charges can result in serious penalties and collateral consequences, so it is vital that you hire an experienced attorney as soon as you learn that you are under investigation for the commission of a gun crime. An experienced lawyer can safeguard your rights during all phases of the criminal case by:
- Conducting an independent investigation into your case
- Creating a personalized legal strategy based on the specifics of your case
- Handling communications with law enforcement officers and prosecutors on your behalf
- Gathering evidence to aid in your defense
- Negotiating for a fair plea bargain
- Representing you at trial
Crawford and Boyle, LLC offers a free consultation to prospective clients. Call us today to take advantage of yours.
Georgia Gun Laws
Gun laws in Georgia tend to be more liberal than in other places in the country. However, there are still restrictions on the type of firearms that people can lawfully possess and on who can possess them. It is illegal to be in possession of any of the following:
- Fully automatic machine guns
- Sawed-off rifles
- Bazookas
- Recoilless rifles
- Rocket launchers
People who are generally barred from possessing firearms in Georgia include the following:
- Convicted felons
- Persons subject to a family violence restraining order
- Fugitives
- Minors, or those under 18 years old in the case of a pistol or handgun
- Those who have prior convictions for carrying a gun in school zones or other prohibited places
- Individuals hospitalized for mental health or addiction issues
State, federal, and local laws also prohibit where firearms can be carried in the state. These laws often conflict, so it is important to work with an experienced Georgia criminal defense attorney who can analyze any local ordinances that impact your case and make any necessary challenges to the legality of such laws.
In Georgia, possessing or using a weapon during the commission of a crime can also add significant time to your sentence, resulting in up to five additional years on top of your prison sentence.
Common Gun Offenses in Gwinnett County
Some of the most commonly charged gun crimes in Gwinnett County include the following offenses:
Unlawful Possession of Certain Weapons
Someone can be convicted of unlawful possession when they knowingly have any of the following:
- Sawed-off shotgun or rifle
- Machine gun
- Dangerous weapon
- Silencer
The penalty for this felony offense is up to five years in prison.
Possession of a Firearm by a Convicted Felon
It is illegal for a person convicted of a felony anywhere in the United States to be in possession of a firearm in the State of Georgia. This includes hunting rifles and firearms used for recreational purposes. First-time probationers are also generally prohibited from being in possession of a firearm during their term of probation.
Providing a Firearm to a Felon or Solicitation of Another to Furnish a Weapon to a Felon
It is also illegal to provide a weapon to a felon or to convince someone else to do so. This criminal offense is a felony, punishable by one to five years in prison.
Possession of a Handgun by a Minor
If a person is under the age of 18, they are prohibited from being in possession of or having a handgun in their control. This is a misdemeanor offense for the first offense but a felony for a second or subsequent conviction.
Furnishing a Pistol or Revolver to a Person Under the Age of 18
It is generally illegal to furnish a pistol or revolver to a minor, but there are exceptions if possession was given for a lawful purpose. Similarly, it is illegal to furnish knuckles or a knife to a minor. This offense is punishable by up to one year in jail and a fine of up to $5,000.
Possession of a Firearm During the Commission of a Felony
If you committed a felony or other certain crimes and had a firearm during that time, you can be charged with both the underlying offense and possession of a firearm during the commission of a crime, a separate offense.
Carrying a Weapon in an Unauthorized Location
You cannot carry a weapon in certain locations, such as:
- Courthouses
- Places of worship
- Nuclear power facilities
If you are found to be carrying a weapon in these prohibited locations, you can be charged with the crime of carrying a weapon in an unauthorized location, a misdemeanor.
Carrying a Weapon in a School Zone
Unlike in other prohibited locations, carrying a weapon in a school or school zone is classified as a felony. This prohibition precludes carrying a weapon in public schools, private schools, colleges, and universities. There is an exception if you have a license to do so.
Carrying a Weapon or Long Gun at a Commercial Service Airport
It is also illegal to carry a gun or other weapon beyond security checkpoints at airports. However, this does not preclude having a gun at a terminal outside the screening checkpoint, the airport drive, or the general parking area.
Discharge of a Gun or Pistol Near a Public Highway
It is illegal in Georgia to discharge a firearm within 50 yards of a public highway, but some exceptions exist, such as shooting at an indoor or outdoor shooting range.
Discharge of a Firearm on Someone Else’s Property
If you do not have their permission, you can be charged with the crime of discharge of firearms on property of another if you shoot a gun on someone else’s property.
Discharging a Firearm While Under the Influence of Alcohol or Drugs
Due to the potential danger to the public, if you are found to have discharged a firearm while under the influence of alcohol or drugs, you can be charged with a misdemeanor of a high and aggravated nature.
Abandoning, Discarding, or Leaving Unattended Containers Which Lock or Fasten Automatically or Abandoning or Discarding a Motor Vehicle
You can be charged with this crime if you leave your gun unattended in a vehicle or other unlocked location. It is a misdemeanor offense.
Pointing or Aiming a Gun or Pistol at Another
Georgia law makes it illegal to intentionally point or aim a gun at another person. Under this law, it is not a defense if the gun was not shot or was unloaded.
Harming a Law Enforcement Animal
You can be charged with the crime of harming a law enforcement animal if you injure any of the following:
- Police dogs
- Narcotics detention dogs
- Patrol dogs
- Police horses
- Fire department animals
- Other animals used to perform law enforcement duties
This crime is a felony and can result in significant fines.
Other Gun Offenses
There is no shortage of other fun offenses that a person can be charged with under state or federal law. Other common gun offenses include:
- Possessing stolen firearms
- Carrying weapons outside the view of others
- Illegally trafficking in guns
- Making straw purchases
- Engaging in other prohibited conduct connected to firearms
Our experienced gun offense lawyers are prepared to help you with any gun crime you are being charged with. Call us today for your free, no-obligation consultation.
Potential Penalties for Gun Offenses in Gwinnett County
Because there are so many different gun laws in Georgia, penalties can vary widely. Factors that affect potential penalties include whether the crime is under state or federal law, whether it is classified as a misdemeanor or felony offense, the circumstances surrounding the charge, whether injury occurred, and your prior criminal history. Potential penalties and collateral consequences could include:
- Jail terms
- Fines
- Probationary supervision
- Loss of your right to bear arms
- Revocation of your hunting license
Potential Defenses to Gun Charges in Georgia
Gun offenses in Georgia can be complicated and often rely on proving a precise set of legal elements. Our criminal defense firm can determine if these or any other defenses apply to your case:
- Self defense
- Defense of others
- Consent
- An exception
- Lack of intent
At Crawford and Boyle, LLC, we compassionately and respectfully guide our clients through each step of the process, including:
Contact Our Criminal Defense Attorneys Today
If you are facing gun charges, you need the help of a skilled criminal defense lawyer. At Crawford and Boyle, LLC, our criminal defense lawyers have over 50 years of combined legal experience. Turn to our trial-proven criminal defense law firm for the quality legal services that you deserve. Contact us today for your free consultation.
Get help with your case. Call (678) 680-5000 today or contact us online.