When a client is charged with a weapons offense the first thing we ask is where was the weapon and how was it found?
Most Often the best defense of a charged weapons crime comes before trial with the filing of motions to suppress the gun. Law enforcement must comply with a suspect's constitutional rights in order to use that weapon at trial and if the weapon cannot be used at trial, then the prosecution cannot proceed with their case and charges must be dismissed.
Other times, in defining a weapon, we must look at the statutory definition and determine whether the recovered weapon is legally a firearm or an assault weapon. While one may logically think that simply having a gun makes them guilty of criminal possession of a weapon, however, that may not be the case. We must make a detailed review of the weapon to see if the prosecution can legally move forward with charges.
Call Donald Kelly at (315) 422-2800 now if you or a loved one has been charged with a weapons crime!
Experienced professionals dedicated to your success.
Proven results that speak for themselves!