Criminal Defense Attorney in Pennsylvania: Expert Guide to Fighting Weapons Charges and Protecting Your Rights

Understanding Pennsylvania Weapons Charges: A Comprehensive Guide

Pennsylvania law takes weapons offenses very seriously. A conviction can lead to significant penalties, including imprisonment, hefty fines, and a permanent criminal record. This guide provides a detailed overview of weapons charges in Pennsylvania, focusing on your rights and potential defense strategies.

What Constitutes a "Weapon" in Pennsylvania?

The definition of a "weapon" under Pennsylvania law is broad. It extends beyond firearms and includes:

• 🔪Firearms: This encompasses handguns, rifles, shotguns, and any firearm designed to expel a projectile.
• 🔪Prohibited Offensive Weapons: This includes items such as machine guns, sawed-off shotguns, silencers, brass knuckles, and certain knives. Possession of these items is generally illegal.
• 🔪Other Dangerous Instruments: This is a catch-all category that can include knives, clubs, and even everyday objects used in a manner to cause serious bodily injury. The intent of the user is crucial in determining if an object falls into this category.

Common Weapons Charges in Pennsylvania

Several specific offenses relate to weapons under Pennsylvania law. Here's a breakdown of some of the most common charges:

⚠Unlicensed Carrying of a Firearm (18 Pa.C.S. § 6106)

This is one of the most frequently charged offenses. Pennsylvania law generally requires a license to carry a concealed firearm. There are exceptions, such as carrying a firearm openly in Philadelphia or transporting an unloaded firearm securely wrapped to and from specific locations (e.g., a shooting range, a repair shop).

• Elements: To be convicted, the prosecution must prove you carried a firearm, it was concealed (or openly carried without a license in Philadelphia), and you lacked a valid license to carry.
• Penalties: Unlicensed carrying of a firearm is typically a felony of the third degree, carrying a maximum sentence of seven years in prison and a $15,000 fine.
• Defenses: Potential defenses include challenging the legality of the search that led to the discovery of the firearm, arguing you possessed a valid license, or demonstrating you fell under an exception to the licensing requirement.

⚠Possession of a Firearm by a Prohibited Person (18 Pa.C.S. § 6105)

This charge applies to individuals who are legally barred from possessing firearms due to prior criminal convictions or other legal restrictions.

• Prohibited Persons: This includes individuals convicted of certain felonies, those subject to protection from abuse orders, and those adjudicated mentally incompetent.
• Penalties: This offense is typically a felony of the second degree, punishable by up to ten years in prison and a $25,000 fine.
• Defenses: A potential defense is arguing that the prior conviction that triggered the prohibition is invalid or that you were unaware of your prohibited status. Restoration of firearm rights may be possible in some cases.

⚠Possession of Prohibited Offensive Weapons (18 Pa.C.S. § 908)

As mentioned earlier, Pennsylvania law prohibits the possession of certain inherently dangerous weapons.

• Penalties: This offense is usually a misdemeanor of the first degree, carrying a maximum sentence of five years in prison and a $10,000 fine.
• Defenses: A possible defense is arguing that the item in question does not fall under the definition of a "prohibited offensive weapon" or that you possessed the item for a lawful purpose (although this is difficult to prove).

⚠Altering or Obliterating Marks of Identification (18 Pa.C.S. § 6110.2)

It is illegal to alter, change, remove, or obliterate the manufacturer's serial number or other identification mark on a firearm.

• Penalties: This offense is typically a felony of the second degree, carrying a maximum sentence of ten years in prison and a $25,000 fine.
• Defenses: Defenses could include arguing that you did not alter the markings or that you were unaware the markings had been altered.

⚠Simple Assault with a Deadly Weapon (18 Pa.C.S. § 2701) and Aggravated Assault with a Deadly Weapon (18 Pa.C.S. § 2702)

If you use a weapon to cause or attempt to cause injury to another person, you could face assault charges.

• Simple Assault: This typically involves minor injuries or the threat of injury.
• Aggravated Assault: This involves serious bodily injury or the use of a weapon in a way that demonstrates a reckless disregard for human life.
• Penalties: Penalties range from misdemeanors to felonies, depending on the severity of the injury and the circumstances of the offense.
• Defenses: Common defenses include self-defense, defense of others, and accidental injury.

Your Rights When Facing Weapons Charges in Pennsylvania

If you are arrested for a weapons offense in Pennsylvania, it's crucial to understand your rights:

• 👮The Right to Remain Silent: You have the right to remain silent and not answer any questions from law enforcement. Exercise this right! Any statement you make can be used against you in court.
• 👮The Right to an Attorney: You have the right to an attorney. If you cannot afford one, the court will appoint one for you. Request an attorney immediately and do not speak to law enforcement until your attorney is present.
• 👮The Right to Due Process: You are entitled to due process under the law, which includes the right to a fair trial, the right to confront witnesses, and the right to present evidence in your defense.

Potential Defenses to Pennsylvania Weapons Charges

A skilled criminal defense attorney can explore various defenses to weapons charges, including:

• 🛡️Illegal Search and Seizure: If the police obtained the weapon through an unlawful search, the evidence may be suppressed, meaning it cannot be used against you in court. This often hinges on whether the police had probable cause or a valid warrant.
• 🛡️Lack of Knowledge: In some cases, you may be able to argue that you were unaware of the presence of the weapon or that you were unaware of your prohibited status.
• 🛡️Self-Defense: If you used the weapon in self-defense or defense of others, you may be able to argue that your actions were justified.
• 🛡️Lack of Intent: In cases involving assault charges, you may be able to argue that you did not intend to cause harm.
• 🛡️Mistake of Fact: This defense argues that you acted under a mistaken belief about a crucial fact, such as believing you had a valid license when you did not.
• 🛡️Challenging the Definition of a Weapon: In some cases, you can challenge whether the item in question actually meets the legal definition of a "weapon" under Pennsylvania law.
• 🛡️Restoration of Rights: Depending on the circumstances of a prior conviction, it might be possible to have your firearm rights restored.

Strategies for Fighting Weapons Charges

A successful defense strategy requires a thorough investigation and a deep understanding of Pennsylvania law. Here are some common strategies:

• 🔍Thorough Investigation: Gather all the facts of the case, including witness statements, police reports, and any relevant documentation.
• 🔍Legal Research: Research applicable case law and statutes to identify potential legal arguments.
• 🔍Negotiation with Prosecutors: Attempt to negotiate a plea bargain with the prosecution, which could involve reduced charges or a lighter sentence.
• 🔍Pre-Trial Motions: File pre-trial motions to suppress evidence, challenge the charges, or dismiss the case.
• 🔍Trial: If a plea bargain cannot be reached, prepare for trial and present a strong defense to the jury.

Possible Outcomes and Penalties

The outcome of a weapons case depends on various factors, including the specific charges, the evidence against you, and your prior criminal record. Potential outcomes include:

• ⚖️Dismissal of Charges: If the prosecution lacks sufficient evidence or if the evidence was obtained illegally, the charges may be dismissed.
• ⚖️Acquittal at Trial: If the jury finds you not guilty, you will be acquitted of the charges.
• ⚖️Plea Bargain: A plea bargain could involve pleading guilty to a lesser offense, such as a misdemeanor, in exchange for a reduced sentence.
• ⚖️Conviction: A conviction can result in imprisonment, fines, probation, and a criminal record. The severity of the penalties will depend on the specific charges.

Collateral Consequences of a Weapons Conviction in Pennsylvania

Beyond the immediate penalties, a weapons conviction can have significant long-term consequences:

• 💼Employment: A criminal record can make it difficult to find employment, particularly in fields that require background checks.
• 💼Housing: Landlords may be reluctant to rent to individuals with criminal records.
• 💼Travel: A criminal record can restrict your ability to travel internationally.
• 💼Firearm Ownership: A weapons conviction may permanently prohibit you from owning or possessing firearms.
• 💼Civil Rights: You may lose certain civil rights, such as the right to vote or serve on a jury.

Practical Advice for Pennsylvania Residents

Here's some practical advice to help Pennsylvania residents stay informed and avoid potential weapons charges:

• 📚Know the Law: Familiarize yourself with Pennsylvania's gun laws, including licensing requirements, restrictions on prohibited offensive weapons, and rules regarding self-defense.
• 📚Obtain a License: If you intend to carry a concealed firearm, obtain a valid Pennsylvania License to Carry Firearms.
• 📚Secure Your Firearms: Store your firearms securely to prevent them from being stolen or accessed by unauthorized individuals.
• 📚Avoid Prohibited Areas: Be aware of areas where firearms are prohibited, such as schools, courthouses, and federal buildings.
• 📚Handle Firearms Responsibly: Always handle firearms responsibly and follow all safety rules.
• 📚Exercise Your Rights: If you are stopped by law enforcement, exercise your right to remain silent and request an attorney.

Finding the Right Criminal Defense Attorney in Pennsylvania

If you are facing weapons charges in Pennsylvania, it's crucial to hire an experienced criminal defense attorney who is knowledgeable about Pennsylvania law and has a proven track record of success. Look for an attorney who:

• 🤝Focuses on Criminal Defense: Choose an attorney who specializes in criminal defense law.
• 🤝Has Experience with Weapons Charges: Look for an attorney who has experience handling weapons cases in Pennsylvania.
• 🤝Is Familiar with the Local Courts: An attorney who is familiar with the local courts and judges can be a valuable asset.
• 🤝Communicates Effectively: Choose an attorney who communicates clearly and keeps you informed throughout the process.
• 🤝Is Dedicated to Your Case: Look for an attorney who is dedicated to providing you with the best possible defense.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.