Facing gun charges in Cleveland, OH, can leave you feeling stressed – understandably so. These types of charges are serious and can lead to severe penalties, including jail time, large fines, and loss of your gun rights. Contact The Elkhatib Law Office to schedule a consultation with a Cleveland gun charges lawyer. Call us at (216) 334-3444.
You might also face damage to your reputation or trouble finding employment in the future. That’s why it’s so important to have an experienced criminal defense lawyer by your side from the very beginning.
How the Elkhatib Law Office Can Help if You’re Arrested for Gun Charges
If you’ve been arrested for gun charges in Cleveland, OH, it’s important to talk to a professional who can help defend you and protect your future. Here’s how our team can assist:
- We will carefully review the details around your arrest to see if law enforcement made mistakes, like illegal searches.
- Our lawyers will look at whether you actually had possession of the gun or if the charges are based on unclear circumstances or misunderstandings.
- We’ll examine the evidence closely to identify any issues, such as improper handling or unreliable witness statements, to build a stronger defense.
- Our team will negotiate plea deals with prosecutors when possible, working to reduce your charges or penalties, such as getting felony charges lowered to misdemeanors.
We’re here to help with gun charges. Contact The Elkhatib Law Office to schedule a free consultation with a criminal defense lawyer in Cleveland, OH.
Overview of Gun Charges in Ohio
Gun charges in Ohio can lead to serious penalties, so it’s important to understand what situations could result in criminal charges. Here’s a brief overview of a few common gun offenses under Ohio law:
Carrying a Concealed Weapon
In Ohio, you can legally carry a concealed handgun if you have the right permit. If stopped by police, you must let the officer know immediately that you’re carrying and provide your permit. However, Ohio does not allow people to carry certain types of dangerous weapons, like sawed-off shotguns or automatic firearms, even with a concealed carry permit.
Possession of a Firearm by a Convicted Felon
Ohio law makes it illegal for people convicted of certain crimes – like violent felonies or drug-related offenses – to own or carry firearms. It’s also unlawful for fugitives, people dealing with chronic alcohol addiction or drug dependency, and anyone declared mentally incompetent to possess guns. Breaking these laws can result in serious felony charges that carry tough penalties.
Improper Discharge of a Firearm
Firing a gun in certain places or situations can also lead to criminal charges in Ohio. Specifically, it’s against the law to shoot a firearm toward occupied areas, such as houses, schools, or parks. Prosecutors have to prove you intended to cause harm or fear, which makes this charge particularly serious.
If you’re facing gun charges in Ohio, it’s important to talk with an experienced lawyer about your case as soon as you can.
What Are the Penalties for Gun Charges in Cleveland, Ohio?
Gun charges in Cleveland, Ohio, have serious consequences, and penalties can vary greatly depending on your exact charges and situation.
Carrying a Concealed Weapon
Penalties for carrying a concealed weapon in Ohio can vary widely. If it’s your first offense or a minor violation, you could receive a misdemeanor charge and pay up to a $150 fine. If you’ve been convicted of similar charges before or get arrested in particular locations, the charge could be as serious as a third-degree felony with a possible sentence of up to five years in prison.
Possession of a Firearm by a Convicted Felon
If you’re a convicted felon who’s caught with a gun, Ohio law considers this offense very serious. You’re generally looking at a third-degree felony charge. If convicted, you face up to five years in prison.
Improper Discharge of a Firearm
The penalties you face for improperly firing a gun can vary a lot depending on things like intent, where it happened, and your criminal background. A less serious case might mean a fourth-degree misdemeanor, resulting in penalties of up to 30 days in jail and a $250 fine.
In more serious situations, like deliberate shooting toward homes or public areas, you could be charged with a first-degree felony. That could mean anywhere from 3 to 11 years in prison, additional mandatory prison time for special gun specifications, and fines as high as $20,000.
Because the consequences are severe, it’s important to talk with a lawyer early if you are charged with any gun-related crime in Cleveland.
What Defenses Can Be Raised if I’m Arrested for Gun Charges?
When facing gun charges in Cleveland, your lawyer can use several defenses to challenge the case against you. The best defense for you will depend on your specific situation, the details of your arrest, and the evidence involved. Here are some common defenses your attorney might explore:
Lack of Knowledge
A common defense for gun charges involves proving that you didn’t know about the firearm. For example, maybe the firearm belonged to someone else, and you weren’t aware it was in your vehicle or in a bag you were carrying. Your attorney will provide evidence or statements supporting that the firearm wasn’t yours or that you never knew about it. If successful, showing a lack of knowledge can greatly reduce the charges or lead to a dismissal or acquittal.
No Intent To Use the Weapon
Having a firearm without any intent to use it or threaten someone can help with your defense. If you were simply transporting or storing the weapon safely without any plan to harm others, your lawyer can highlight this point.
The goal is to show clearly that the firearm was not connected to any violence or threat. Evidence such as your actions, witness testimony, and video footage might help support the argument, possibly leading to reduced charges or lighter sentences.
Unlawful Search and Seizure
Under the law, police officers must follow specific rules when searching you, your home, or your vehicle. If they searched you illegally – meaning without a warrant or probable cause – your attorney can challenge the search and any evidence police found.
To use this defense effectively, your lawyer will review police reports and statements carefully, looking for issues such as missing warrants, lack of probable cause, or other violations of your rights. If the court agrees that your rights were violated, evidence found during the unlawful search can’t typically be used against you, weakening the prosecution’s case.
Improper Handling of Evidence
Law enforcement must follow clear guidelines when they collect, store, and handle firearms taken as evidence. If police or investigators handled or documented your case improperly, your lawyer can challenge this evidence in court.
To present this defense, your attorney will have to closely examine evidence logs, witness statements, reports, and any related paperwork. Successfully challenging how police handled evidence can weaken the prosecution’s case and may even lead to charges being reduced or dismissed.
If you’re facing gun charges, talk to an experienced lawyer right away to determine which defenses might apply to your situation and protect your rights.
Schedule a Free Case Evaluation With Our Cleveland Gun Charges Lawyer
If you’re dealing with gun charges in Cleveland, Ohio, the stakes are high, and the process can feel overwhelming. Having an experienced and dedicated defense lawyer on your side makes a big difference. The Elkhatib Law Office understands how stressful and confusing these charges can be for you and your family. We’re here to protect your rights and answer any questions you have during this difficult time. Contact us today to schedule a free consultation with a Cleveland gun charges lawyer.
