Weapon Charges Attorney In Little Rock, Arkansas
Facing Weapons Charges?
Arkansas recognizes your right to bear arms, and constitutional carry allows most law-abiding citizens to legally possess firearms without a permit. Yet weapon charges remain some of the most aggressively prosecuted cases in Little Rock courts.
The disconnect between what feels legal and what prosecutors charge creates confusion that can cost you your freedom, your gun rights, and your future.
Our skilled Little Rock weapon charges lawyers understand how quickly a lawful situation can shift into criminal charges. Maybe police found a firearm during a traffic stop. Perhaps you possessed a weapon while unaware of a disqualifying conviction. Or you carried in a location where the rules suddenly changed.
No matter what brought you here, you need to know exactly what you’re up against and what defense options are available to you.
Our weapon charges attorneys in Little Rock, Arkansas have extensive experience defending people in courts against weapons charges, from simple possession cases to federal gun violations. The prosecution has to prove every part of their case, and we know exactly where they are weak.
You might feel like your life is too much right now, but there is a clear way to move forward, and our legal team at Lemley Law DWI & Criminal Defense Lawyers will help you see it.
Case Types
What Weapon Charges Do Prosecutors File in Arkansas?
Arkansas prosecutors pursue various firearm-related offenses, each carrying distinct legal elements and potential consequences. Understanding your specific charge helps determine the most effective defense strategy for your situation.
Felon in Possession of a Firearm
Arkansas Code § 5-73-103 makes it illegal for anyone with a felony conviction to possess any firearm. Possession includes having direct control over the weapon or having it within your reach and knowledge. This charge applies even if you never touched the gun; simply being in a car where officers find a weapon can lead to arrest.
Carrying a Weapon in Prohibited Places
Even with constitutional carry laws, certain locations remain off-limits for firearms under Arkansas Code § 5-73-120. You can face charges for carrying in schools, courthouses, bars serving alcohol, government buildings, or secured airport areas. The law doesn’t require criminal intent; just having the weapon in these places is against the law.
Criminal Use of Prohibited Weapons
Arkansas bans specific weapons and accessories under Code § 5-73-104. Machine guns, sawed-off shotguns or rifles, firearm silencers, and explosive devices fall under this category. Prosecutors also target accessories like auto sears or “Glock switches” that convert semi-automatic firearms to fully automatic.
Simultaneous Possession of Drugs and Firearms
Having drug possession and a firearm together creates a separate felony under § 5-74-106. This charge transforms simple drug possession into a serious weapons offense with enhanced penalties. Prosecutors often add this charge even when the gun wasn’t used in any drug-related activity.
Defacing a Firearm or Altered Serial Numbers
Possessing a firearm with removed, altered, or defaced serial numbers violates Arkansas Code § 5-73-107. You don’t have to be the one who changed the number; just having the weapon is enough to get you in trouble.
You can set up a meeting with a lawyer today by contacting Lemley DWI & Criminal Defense Lawyers today.
What Are the Penalties and Firearm Enhancements in Arkansas?
Arkansas weapon charges range from Class A misdemeanors to Class Y felonies, with sentences varying dramatically based on the specific offense and your criminal history.
Felony Class | Maximum Sentence |
Class Y Felony | 10-40 years or life |
Class A Felony | 6-30 years |
Class B Felony | 5-20 years |
Class C Felony | 3-10 years |
Class D Felony | Up to 6 years |
Class A Misdemeanor | Up to 1 year |
Firearm Sentencing Enhancements and “Use of a Gun” Add-Ons
Using or possessing a firearm during the commission of another crime can trigger mandatory sentencing enhancements that add extra prison time to the underlying offense. For example, armed robbery carries both the underlying robbery sentence plus additional years for the weapon enhancement.
Collateral Consequences Beyond Prison Time
Weapon convictions create lasting problems that extend far beyond your sentence:
- Loss of Gun Rights: Any felony conviction permanently bars you from owning or possessing firearms under state and federal law.
- Employment Barriers: Most employers conduct background checks, and convictions for weapons offenses raise immediate red flags in hiring decisions.
- Professional License Issues: Nursing, real estate, commercial driving, and security licenses become difficult or impossible to obtain with a weapon conviction.
Does Constitutional Carry Protect You in This Situation?
Arkansas’s constitutional carry law allows eligible citizens to carry firearms without a permit, but it has significant limitations. Many people mistakenly believe constitutional carry prevents all weapon charges.
When Carry Is Lawful in Arkansas
Under Arkansas’s constitutional carry provisions, eligible adults may, in some circumstances, carry handguns openly or concealed without a permit, but statutory exceptions and location-based prohibitions still apply. This right applies when you’re legally eligible to own firearms and aren’t violating other laws.
When Carry Still Leads to Arrest or Charges
Constitutional carry doesn’t protect felons, people in prohibited locations, or anyone committing crimes while armed. Using a weapon threateningly can result in aggravated assault charges regardless of your carry rights. Additionally, federal law can override state protections in certain circumstances.
What Defenses Can Beat a Weapon Charge?
Every weapon case presents unique defense opportunities based on how the police conducted their investigation and gathered evidence. We examine every aspect of your arrest to identify weaknesses in the prosecution’s case.
Illegal Stop, Search, or Seizure
The Fourth Amendment protects against unreasonable searches and seizures. Police need reasonable suspicion to stop you and probable cause to search your person, vehicle, or home. If officers violated these requirements, out Little Rock weapon charge lawyers can file motions to suppress any evidence they discovered, including firearms.
No Possession: Actual vs. Constructive
Prosecutors must prove you actually possessed the weapon or had constructive possession through knowledge and control.
When multiple people have access to an area where police find a gun, we challenge assumptions about who owned or controlled it. This defense is particularly effective in vehicle stops with several passengers.
Self-Defense and Justification
Arkansas law permits the possession and use of firearms for legitimate self-defense. If you were protecting yourself, your family, or your property from credible threats, your actions may be legally justified. We present evidence showing your reasonable belief that force was necessary.
No Intent to Use as a Weapon
Some charges require proving you intended to use an object as a weapon. Tools, sporting equipment, or other items with legitimate purposes may not qualify as weapons if used without criminal intent. Our Little Rock criminal defense attorneys demonstrate the lawful reasons you possessed these items.
Suppressed Statements and Miranda Issues
Police must inform you of your rights before custodial interrogation. Statements made without proper Miranda warnings or after you’ve requested an attorney cannot be used against you. We scrutinize every interaction to ensure officers follow proper procedures.
Return of Firearm and Property
When charges are dismissed or you’re found not guilty, legally owned firearms should be returned promptly. We handle the paperwork and court filings necessary to recover your property from law enforcement custody.
How We Fight Your Case Step by Step?
Weapon charges require immediate action to preserve evidence and protect your rights. Our systematic approach addresses every aspect of your defense from arrest through resolution.
Case Intake, Bond Strategy, and Evidence Review
We prioritize getting you released on reasonable bond while immediately requesting all police reports, body camera footage, and physical evidence. Quick action prevents the loss of crucial defense materials and allows you to participate fully in your defense.
Independent Investigation and Witness Work
We don’t rely on police versions of events. Our team visits crime scenes, interviews potential defense witnesses, and uncovers evidence law enforcement may have overlooked. This independent work often reveals facts that completely change the prosecution’s narrative.
Motions to Suppress and Exclude Evidence
When police violate constitutional rights during searches or interrogations, we file motions to exclude that evidence. Successful suppression motions can eliminate the prosecution’s key evidence and lead to the dismissal of charges.
Negotiation for Dismissal or Reduction
From a position of strength built through thorough preparation, we negotiate with prosecutors for favorable outcomes. Our goal is always dismissal, but we also pursue reduced charges when appropriate to minimize long-term consequences.
Trial-Ready from Day One
Every case receives full trial preparation regardless of whether it goes to court. This comprehensive approach demonstrates our commitment to prosecutors and often leads to better plea negotiations.
State vs. Federal Gun Charges. What Changes?
Some weapons cases are moved to federal court, where different laws, procedures, and penalties apply. Understanding these distinctions helps you prepare for what lies ahead.
Common Federal Charges: 18 U.S.C. § 922(g), NFA Items, Switches
Federal prosecutors frequently charge prohibited persons under 18 U.S.C. § 922(g) for firearm possession. They also pursue cases involving National Firearms Act violations like unregistered short-barreled rifles or machine guns, including firearms modified with auto sears or conversion devices.
Where Your Case Is Heard: Pulaski County vs. U.S. District Court
State weapon charges proceed through local courts, such as Pulaski County Circuit Court, with familiar procedures and personnel. Federal cases are filed in the U.S. District Court for the Eastern District of Arkansas, which operates under different rules and typically imposes harsher sentences.
What Outcomes Can We Pursue in Weapon Cases?
Realistic goals depend on your specific charges, criminal history, and the strength of the evidence against you. We pursue the best possible outcome while keeping you informed about likely scenarios.
Dismissals, Reductions, or Amended Charges
A complete dismissal is the ideal outcome when the evidence is weak or the police violated your rights. Charge reductions to lesser offenses can significantly reduce penalties and long-term consequences. Amended charges sometimes eliminate firearm elements while resolving underlying issues.
Diversion, Probation, or Deferred Options
First-time offenders may qualify for diversion programs that result in dismissal upon completion. Probation allows you to serve your sentence in the community under supervision. Deferred adjudication programs can lead to dismissal without a conviction on your record.
Sealing Eligibility After Resolution
Arkansas allows record sealing for certain offenses after waiting periods. We advise clients about future opportunities to clean their records and help with the sealing process when eligible.
Pathways to Rights Restoration
Felony convictions permanently remove gun rights, but Arkansas offers restoration through gubernatorial pardons. This complex process requires careful preparation and legal assistance to navigate successfully.
Why Hire Lemley DWI & Criminal Defense Lawyers for a Weapon Charge?
Weapon charges threaten your freedom, your rights, and your future. You need attorneys who understand both the law and the local legal system where your case will be decided.
21+ Years in Arkansas Courts
We handle cases in Arkansas courts and are familiar with local procedures, prosecutors, and judges. We’ve handled weapon cases in Pulaski County Circuit Court, federal court, and jurisdictions throughout central Arkansas.
Flat Fees and Payment Plans
Legal representation shouldn’t be out of reach when you’re facing serious charges. We offer transparent flat-fee arrangements and flexible payment plans to make quality defense accessible regardless of your financial situation.
Private, Direct Communication and Fast Updates
You deserve to know what’s happening in your case without delay. Our secure communication systems provide direct access to your legal team and ensure you receive prompt updates on all developments.
Local Courtroom Experience in Pulaski County
We appear regularly in Little Rock and North Little Rock courts, giving us valuable insights into local practices and relationships. This familiarity helps us navigate your case more effectively and anticipate potential challenges.
Arrested on a Weapon Charge in Little Rock? Do This Now
The hours immediately following a weapon charge arrest are critical for protecting your rights and preserving defense opportunities.
Step 1: Remain Silent and Ask for a Lawyer
Use your right to remain silent right away and say, “I want a lawyer.” Don’t try to explain your situation or convince the police that you’re innocent. These talks don’t usually help and can make things worse.
Step 2: Call Us 24/7 for Immediate Help with Bail and Your First Court Date
Contact us as soon as possible after your arrest. We can begin working on your release and ensure proper representation at your initial court appearance.
Step 3: Do Not Consent to Searches or Give Statements
Police may request permission to search your phone, vehicle, or home even after arrest. You have the right to refuse these requests. Never provide statements or sign documents without your attorney present.
Step 4: Write Down What Happened and Save Documents
Document everything you remember about your arrest while the details remain fresh. Preserve all paperwork, including tickets, bond documents, and any materials provided by police.
Step 5: Tell Us Where Your Firearm Is and Who Has It
Inform our team of the weapon’s location and current custody status. This information helps us track evidence and plan for property recovery if your case is dismissed.
What Does It Cost to Hire a Weapon Charges Lawyer?
Understanding legal costs upfront helps you make informed decisions about your defense. We believe in transparent pricing and flexible payment options.
Flat-Fee Options
Many weapon cases can be handled for predictable flat fees that cover all legal work from start to finish. This approach eliminates surprise bills and allows you to focus on your defense rather than mounting legal costs.
Payment Plans for Qualified Clients
We offer payment plans to qualified clients who need time to manage legal expenses. These arrangements make quality representation accessible while ensuring you receive vigorous defense from day one.
What Drives Cost and How We Control It
Case complexity, court jurisdiction, and potential federal involvement affect legal costs. We discuss these factors honestly during consultation and work efficiently to control expenses while providing thorough representation.
Where We Appear in Little Rock and Across Arkansas?
Our statewide practice ensures experienced representation regardless of where your weapon charge was filed.
Pulaski County: Little Rock and North Little Rock
We regularly appear in Pulaski County Circuit Court, Little Rock District Court, and North Little Rock District Court. Our familiarity with these venues benefits clients by enabling efficient case handling and providing strategic advantages.
Lonoke, White, and Faulkner Counties
Our practice extends throughout central Arkansas, including courts in Lonoke, White, and Faulkner counties. We handle weapon cases in rural and urban jurisdictions with equal skill and dedication.
Statewide and Select Federal Cases
When necessary, we represent clients in federal court and other Arkansas jurisdictions. Our experience with complex weapon cases ensures competent representation wherever your case proceeds.
Schedule Your Free Consultation With Our Criminal Defense Law Firm Today
Don’t face weapon charges alone. Our experienced legal team is ready to evaluate your case and explain your options during a confidential consultation.
We’re available 24/7 to discuss your situation and begin building your defense immediately. Contact us to speak with an attorney who understands weapon charges and knows how to fight them effectively.
FAQs: Weapon Charges in Little Rock
Can I Get My Gun Rights Back in Arkansas After a Felony Conviction?
Arkansas offers firearm rights restoration through the gubernatorial pardon process for certain felony convictions. This complex procedure requires meeting specific eligibility requirements and submitting detailed applications with supporting documentation.
What Happens to My Firearm After My Case? Can I Get It Returned?
Legally owned firearms should be returned when charges are dismissed or you’re acquitted at trial. We handle the necessary court filings and paperwork to promptly recover your property from police custody.
How Long Does a Weapon Charge Case Usually Take in Pulaski County?
The time it takes to resolve a weapon charge varies widely based on case complexity, court schedules, and whether the matter proceeds to trial. Federal cases generally take longer than state prosecutions.
Should I Talk to Police or ATF Agents Without a Lawyer Present?
Never speak with law enforcement agents about weapon charges without your attorney present. Anything you say can be used against you, and officers are trained to gather incriminating statements during seemingly casual conversations.
Does the Smell of Marijuana Allow Police to Search My Car for a Gun in Arkansas?
Recent Arkansas court decisions have limited police authority to search vehicles based solely on marijuana odor. This evolving area of law may offer strong defense opportunities in vehicle search cases.
Do You Offer Flat Fees or Payment Plans for Weapon Charges?
Yes, we provide both flat-fee arrangements for cost predictability and flexible payment plans for qualified clients. These options ensure you can afford experienced legal representation during this challenging time.
Have Questions?
We’re available 24/7 and here to protect your rights from day one.