Hot Springs Gun Crime Lawyer

Hot Springs Gun Crime Attorney

Your right to a firearm is protected by the Second Amendment, so it can be discouraging to receive a charge for a gun crime. A conviction can prevent you from owning guns in the future and might come with a prison sentence and additional fines. Working with a Hot Springs gun crime lawyer may help you obtain the most favorable possible results for your case.

Lemley Law Partners: A Team That Gets Results

The attorneys at Lemley Law Partners have experience working with clients accused of carrying a weapon, possession of stolen firearms, and simultaneous convictions of drug and gun possession, among other crimes. In many cases, our legal team has been able to either have the charges dropped entirely or reduced to misdemeanors. Let our seasoned criminal defense team work with you to create an effective strategy to minimize the negative consequences of your charges.

What Are Gun Crimes?

Anyone over the age of 18 without a mental illness and possessing a state ID, like a driver’s license, can purchase a gun unless they have been convicted of a felony. While a dealer can only sell to those 21 and over and should conduct a background check first, private sellers can sell to those 18 and over without a background check. The most common criminal charges involving a firearm include:

• Possessing a Firearm Used in a Crime: If a firearm is used to commit a crime like theft or assault, you can be charged with a class A misdemeanor if you are the owner of that firearm.
• Unqualified Individuals: If you are not legally allowed to own a firearm due to mental illness, age, or a felony conviction, possessing a firearm is a crime. This charge can be a misdemeanor or felony, depending on the situation.
• Prohibited Weapons: Owning, using, or selling prohibited weapons like machine guns, bombs, or sawed-off shotguns is a class D or class B felony. Possessing less dangerous weapons like brass knuckles is usually a misdemeanor.
• Defaced Firearms: A firearm must have a visible serial or ID number. Defacing this number or owning a firearm with an altered serial or ID number is a class D felony.
• Explosives: Although firearms are legal in certain circumstances, explosives like bombs or other destructive devices are not. Possessing, distributing, or using an explosive to commit a crime is a class B felony in most cases.

Many gun crimes are associated with felonies, which can impact your future. This is why it’s so important to seek legal counsel if you are being accused of a gun crime.

Why Do I Need an Attorney?

Gun crimes can seriously affect your rights and criminal record. A felony can prevent access to education, housing, and employment. It also eliminates your right to vote and to carry a firearm. Working with a criminal defense attorney could possibly reduce your sentence and protect your rights.

Possible Defenses Against Gun Crime Charges

Criminal defense attorneys can help you determine which defense strategy is the most effective for your case. Some common defenses used for gun crimes include:

• Wrong Identity: It is possible for a witness to not properly see a defendant, resulting in accusing the wrong person of a crime.
• Alibi: If you were not at the scene of the crime at the date and time it occurred, you might have an effective alibi with enough evidence.
• Lack of Evidence: In order for a defendant to be convicted of a gun crime, there must be enough evidence to prove that they committed the crime beyond a reasonable doubt. This evidence must also be acquired legally, which might not apply to evidence collected at an illegal traffic stop or during an illegal search.

A Hot Springs gun crime law firm can help you gather sufficient evidence for your case to create an effective defense. In some cases, it is possible for felony charges to be dropped or reduced to a misdemeanor. Seek legal counsel to determine the specific outcomes for your unique situation.

FAQs About Hot Springs, AR Gun Crime Law

What Are the New Gun Laws in Arkansas in 2023?

There were several new gun laws that were passed by the Arkansas legislature in 2023, including Act 777, Act 757, and Act 30. Act 777 eliminates the license requirement for gun owners to conceal-carry their firearms. Act 757 grants gun ownership specifically to medical marijuana users. Act 30 permits former mental health facility patients who voluntarily admitted themselves to get a concealed carry license two years after leaving the facility.

What Disqualifies You From Owning a Gun in Arkansas?

There are relatively few things that prevent individuals from owning firearms in Hot Springs. The only three limitations to gun ownership are a felony conviction, a mentally ill determination from a court of law, and being involuntarily sent to a mental health facility. There are additional requirements for obtaining a concealed carry license, but recent legislation was passed eliminating the need for a concealed carry license.

What Is a Prohibited Weapon Charge in Arkansas?

There are certain weapons that are illegal to possess or operate in Hot Springs, including bombs, machine guns, guns that silently discharge, brass knuckles, or sawed-off shotguns. Owning, operating, or selling prohibited weapons can result in a prohibited weapon charge and either a class D or class B felony, depending on the context of the situation.

What Is the First Offenders Act in Arkansas?

If you are facing criminal charges for the first time, the First Offender Act might prevent the crime from appearing on your criminal record. Most convictions that are eligible for the First Offender Act are nonviolent crimes like white collar crimes, drug crimes, or property crimes. If a crime is eligible under the First Offender Act, the defendant must plead guilty and finish their probationary period for their criminal record to be sealed by the court.

Stand Up for Your Rights by Contacting Lemley Law Partners

Whether you are accused of a misdemeanor or a felony, contact a criminal defense attorney as soon as possible to review your options. Schedule a consultation with Lemley Law Partners to learn what an effective legal strategy for your case might look like.