While gun crimes can encompass a number of offenses, they all have one thing in common: illegal possession or use. These offenses are serious and can threaten your freedom and future. Hiring a Newark gun crime lawyer right away can help you navigate the legal system and secure a better outcome.
For more than 30 years, Koffel | Brininger | Nesbitt has been defending clients like you from accusations of gun crimes. We act quickly to ensure that your rights are protected and you receive the due diligence you are owed.
A Newark criminal defense lawyer will aggressively fight to get your charges reduced or dropped to reduce the impact on your life.
What You Should Do After Being Arrested on Gun Charges
If you have been charged with a gun crime, your actions from the moment of your arrest can set your case up for success or failure. Law enforcement and prosecutors will use what you say against you, so it is important to take the right steps to ensure a favorable outcome.
The three key things to remember are:
- Do not resist police during an arrest
- Be cooperative, but do not answer questions about your offense without legal representation
- Hire Koffel | Brininger | Nesbitt to represent you right away
Rest assured that hope is not lost if you fail to take one of the steps mentioned above. While it could present more challenges, your criminal defense lawyer has extensive experience handling a wide array of situations and has the necessary skills to negotiate and advocate on your behalf. The sooner you hire a lawyer for your case, the better it will be for you.
For a free legal consultation with a gun crime lawyer serving Newark, call (614) 884-1100
Types of Cases a Gun Crime Lawyer in Newark Can Help You With
Sentencing for a gun crime depends on the type of offense that was committed, as not all are created equal. According to Ohio Revised Code Chapter 2923, there are several laws that dictate how guns may be possessed, carried, and used.
Violations of these laws can result in serious consequences. Some key offenses include:
- Conceal carrying without a license
- Conceal carrying a weapon besides a handgun
- Creating or using fake gun licenses
- Carrying a gun where beer or liquor is served
- Using a gun while being impaired by alcohol or drugs
- Possessing a gun while disabled
- Possessing or using a gun in school zones or courthouses
- Using a gun in a vehicle or near prohibited areas
- Defacing or possessing a defaced gun
- Illegal gun transport and transactions
- Supplying or selling guns to minors
Each of these offenses is nuanced and has unique legal considerations. Your lawyer will assess the specific circumstances related to your alleged offense so they can effectively defend you against charges.
They will also guide you through how to plead, how to proceed depending on your situation, and throughout each stage of the legal process.
Statute of Limitations for Gun Crimes in Ohio
Ohio imposes a statute of limitations for criminal offenses and limits the amount of time you can be prosecuted for a gun offense. In general, the statute of limitations for felony offenses is six years, while for misdemeanor offenses, it is two years. In situations where the misdemeanor offense is minor, law enforcement only has six months to charge you with a crime.
Newark Gun Crime Lawyer Near Me (614) 884-1100
Potential Sentences for Gun Crimes in Newark, Ohio
Ohio’s Criminal Sentencing Commission lays out the various punishments that individuals charged with gun crimes could face. According to the state’s firearm sentencing penalties, gun crimes could result in misdemeanor or felony charges ranging from fifth degree to first degree.
Felony charges are often accompanied by prison sentences, which may include the following definite prison terms:
- First degree: Sentence has a minimum length between 3 and 11 years, but may be longer depending on the offense
- Second degree: Sentence has a minimum prison sentence ranging between 2 and 8 years, with a maximum limit decided by the specifics of the case
- Third degree: Prison sentence ranging from 9-36 months
- Fourth degree: Sentence terms between 6 and 18 months in prison
- Fifth degree: Prison term ranging from 6 to 12 months
By working with a lawyer, they can fight to secure a reduced sentence if you are convicted. They will negotiate with prosecutors and the judge in your case and minimize the impact on your life and freedom.
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A Strong Defense Can Improve the Outcome of Your Case
When you have been accused of a gun crime, it is crucial that you have a strong defense strategy. A Newark gun crime attorney will evaluate your situation to determine what defense will be most applicable to your case.
Some common affirmative defenses in Ohio that may be applicable to your case include:
- Self defense
- Duress
- Intoxication
- Entrapment
- Blacking out
- Necessity
- Insanity
- Rights violations
The burden of proof is on prosecutors to link you to the crime, so there is no doubt about your role in the offense. Your lawyer’s job is to rebut the prosecution’s arguments by showing that you were not present or had a viable reason for your action.
Additionally, if law enforcement deprives you of your rights or mishandles evidence, your lawyer can ensure that this does not negatively impact your case.
Mitigating Factors Can Work in Your Favor
In addition to your defense, your lawyer will also present mitigating factors in your case to reduce your charges or sentence.
These factors provide contextual information and show that the offense is not likely to be repeated. According to Section 2929.12 of the Ohio Revised Code, mitigating factors may include remorse, causing unintentional harm, disinclination to reoffend, or lack of criminal history.
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Koffel | Brininger | Nesbitt: When Representation Matters
Koffel | Brininger | Nesbitt knows how much is at stake when you have been charged with a gun crime. We provide trusted counsel so you know what to expect and how to proceed.
Our skilled team uses our resources and knowledge of the legal system to secure the most favorable outcome possible. Contact our firm today to schedule an appointment with a Gun crime attorney in Newark about your case.
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