Accused of a Gun Offense? Your Winning Strategy Starts Here
If you are facing gun charges in Philadelphia, PA, you understand the gravity of your situation and the potential consequences that come along with a conviction. At the Law Offices of E. William Hevenor, we are acutely aware of what is at stake for our clients. Our mission is to ensure that your rights are fiercely protected and that you benefit from a defense strategy tailored specifically to your case.
At our law firm, we bring extensive experience and a dedicated approach to every case we handle. When you choose the Law Offices of E. William Hevenor, you’re not just getting a legal defender; you are gaining an advocate who will stand by your side throughout this challenging process. We specialize in criminal defense with a focus on gun crimes, giving us nuanced insight into this complex area of law.
We understand the nuances of Pennsylvania’s gun statutes and the nuances of local courtrooms. This expertise is critical for navigating the legal system and achieving the best possible outcome. Whether this is your first offense or you’ve faced the courts before, our team is here to ensure your voice is heard and your freedom is fiercely defended. Contact us today to begin crafting your winning defense strategy.
Why Choose E. William Hevenor for Your Gun Charge Defense
Choosing the right Philadelphia criminal defense attorney can make a significant difference in the outcome of your gun charge case. Here are a few reasons why E. William Hevenor stands out as a choice for your defense:
Proven Track Record: E. William Hevenor has a history of successfully defending clients against gun charges in Philadelphia, with outcomes that often exceed client expectations.
Personalized Attention: Understanding that each case is unique, E. William Hevenor provides personalized attention to every client, ensuring that strategies and defenses are custom-tailored to your specific situation.
Local Insight: Familiarity with the local courts, judges, and legal community in Philadelphia grants E. William Hevenor the edge when it comes to negotiating with prosecutors and arguing cases effectively in court.
When you’re facing gun charges, having a seasoned legal professional who is committed to fighting for your rights is paramount. Attorney E. William Hevenor brings the dedication, expertise, and tactful defense you need during this trying time. Reach out now to arrange a consultation and start working with a Philadelphia gun lawyer who is as invested in protecting your future as you are.
Understanding Pennsylvania Gun Laws
Pennsylvania gun laws are designed to regulate the sale, illegal possession, and use of firearms within the state to ensure public safety. Anyone who wishes to purchase a firearm in Pennsylvania must pass a background check administered through the Pennsylvania Instant Check System (PICS). Moreover, Pennsylvania does not require a permit to own guns, such as rifles, shotguns, and handguns. However, it does enforce certain restrictions based on the type of firearm and the individual’s background.
Open carry is generally allowed without a permit for individuals who are 18 or older and legally eligible to possess a firearm, with the exception of the city of Philadelphia where a concealed carry permit is required. Concealed carry, on the other hand, mandates a Pennsylvania License to Carry Firearms (LTCF) for which the applicant must be at least 21 years old. This gun license is issued by the county sheriff’s office or the chief of police in Philadelphia.
In addition to the basic laws related to the sale and possession of firearms, Pennsylvania has specific regulations that gun owners must follow:
Purchase Requirements: Mandatory background checks for the purchase of all firearms.
Concealed Carry: Requires a Pennsylvania License to Carry Firearms.
Firearm Transportation: Unloaded firearms must be transported in a secure wrapper and should not be accessible from the passenger compartment of the vehicle if the owner does not possess an LTCF.
Reporting Lost or Stolen Firearms: It is mandatory to report lost or stolen guns to law enforcement.
Prohibited Possessors: Convicted felons, fugitives, and individuals involuntarily committed to a mental institution are among those barred from owning firearms.
Understanding these laws is crucial for any gun owner or individual facing gun-related charges in Pennsylvania. It’s important to consult with an experienced defense attorney to navigate the complexities of these regulations and to understand how they might impact your case.
Steps in the Legal Process for Gun Charges in Pennsylvania
Facing firearm charges in Pennsylvania means subjecting yourself to a legal process that can be complex and intimidating. It’s essential to be cognizant of the steps ahead to prepare effectively and ensure your rights are protected throughout. Here’s what you can anticipate:
Arrest and Booking: If suspected of a gun-related offense, the first encounter with law enforcement will usually result in an arrest followed by booking. This involves recording your personal information, the alleged gun crime, and taking fingerprints and photographs.
Preliminary Arraignment: After the arrest, you will be taken to a magistrate for a preliminary arraignment. During this step, you’re informed of the charges against you and advised of your rights. Bail may also be set at this stage.
Preliminary Hearing: The purpose of a preliminary hearing is to determine whether there is sufficient evidence to proceed with the charges. If the prosecution succeeds in showing probable cause, your case will move forward.
Formation of Defense: With these serious charges moving forward, it’s crucial to work closely with your attorney to build your defense. This will involve reviewing the prosecution’s evidence, gathering your own, and developing a legal strategy.
Pre-Trial Conferences: During these meetings, your attorney and the prosecution may discuss potential plea deals, case discovery, motions, and other administrative details ahead of the trial.
Trial: Should your case go to trial, both sides will present their gun cases before a judge or jury, who will then determine the verdict based on the evidence and arguments presented.
Sentencing: If convicted, sentencing will depend on Pennsylvania’s guidelines for the specific offenses. Your gun lawyer may argue for mitigating factors to influence the severity of the sentence.
Post-Trial Motions: Even after a verdict is handed down, there may be grounds for filing post-trial motions, potentially allowing for an appeal or requesting a new trial.
Here are some specific steps and considerations for anyone facing gun charges:
Secure Legal Representation as Soon as Possible: Having an experienced criminal lawyer can greatly influence the outcome of your case.
Understand the Charges: Know what specific weapons offense(s) you’re charged with and the potential penalties.
Gather and Preserve Evidence: Any evidence that can support your defense should be collected and safeguarded. This includes alibis, witness statements, or proof of lawful gun ownership.
Remain Silent: Exercise your right to avoid making any statements that could be used against you in court without your Philadelphia gun lawyer present.
Know Bail Conditions: If bail is granted, make sure you comply with all conditions to avoid further legal complications.
Engage in the Discovery Process: Work with your attorney to explore all the prosecution’s evidence and identify any procedural errors or violations of your rights.
Understanding these steps and taking swift action gives you the best fighting chance against gun charges. Keep in mind that each case is as unique as the individual involved; therefore, the guidance and counsel of a Philadelphia gun lawyer are vital for navigating this multifaceted legal process.
Common Defenses Against Gun Charges
When faced with gun charges in Pennsylvania, building a solid defense strategy is critical. An effective defense may challenge the circumstances of the arrest, the evidence obtained, or even the basis of the charges themselves. Below are common defenses that could be employed in Pennsylvania for weapons offenses:
Fourth Amendment Violations: Arguing that the evidence against you was obtained through an unlawful search and seizure can lead to that evidence being deemed inadmissible in court.
Second Amendment Rights: In certain cases, challenges may be raised related to the right to bear arms if it is believed that one’s constitutional rights have been infringed upon.
Chain of Custody Issues: If law enforcement fails to maintain a proper chain of custody for the evidence, it could be questioned in court.
Miranda Rights Violation: Any self-incriminating statement made after an arrest might be excluded if law enforcement fails to read you your Miranda rights.
Lack of Possession: Proving that you were not in possession of a firearm can debunk the allegations against you.
Mistaken Identity: Arguing that you were wrongly identified as the individual in possession of the firearm.
Ownership and Licensing: Demonstrating that you legally own the firearm and possess the necessary licenses.
Self-Defense: Claiming the use of a firearm in a situation where you reasonably believed that you were in imminent danger of bodily harm or death.
Defense of Others: If you used the gun to defend another person who was at immediate risk.
Non-functioning Firearm: A firearm that is incapable of being fired may not meet the legal definition of a functioning weapon under the law.
Lack of Intent: Illustrating that there was no intent to use the firearm for any unlawful purpose.
Implementing a Defense Strategy
Implementing a defense strategy against gun charges in Pennsylvania requires a thorough and methodical approach. It’s essential to review every piece of evidence, evaluate legal precedents, and investigate case-specific nuances. By rigorously challenging the prosecution’s case and highlighting weaknesses, you can work towards a more favorable outcome, be it a reduction of charges, a not-guilty verdict, or perhaps even a case dismissal.
Review the Facts: Examine the specifics of your case with a fine-tooth comb to identify any factual errors or omissions in the prosecution’s narrative.
Identify Legal Loopholes: Your attorney should scrutinize the legal framework within which you’re being charged, looking for any nuances or gaps that could be advantageous.
Collect Physical Evidence and Witness Testimonies: Gathering tangible evidence and credible witnesses to support your defense is crucial.
Challenge the Prosecution’s Case: Vigorously cross-examine the prosecution’s witnesses and evidence, seeking to undermine their credibility and the case’s foundation.
Present a Counter-Narrative: Articulate a clear and compelling alternative explanation of the events or circumstances that led to the charges against you.
Addressing gun charges with a thoughtful and informed defense can make a significant difference in the case’s outcome. Additionally, Pennsylvania law is nuanced and the above defenses must be contextualized within the specifics of each case. For this reason, partnering side by side with a defense attorney who is well-versed in firearm laws and criminal defense is imperative for anyone charged with gun-related offenses in Pennsylvania.
The Impact of a Gun Charge Conviction on Your Life
A gun-related charge conviction in Pennsylvania can have far-reaching consequences, imposing significant penalties, and potentially altering one’s life substantially. The severity of these penalties typically depends on the nature of the offense and whether the individual has prior convictions. Here are some of the potential repercussions:
Incarceration: Sentences can range from a few months to several years in prison, especially for felony convictions or if the firearm was used in the commission of a crime.
Fines: Monetary penalties for gun-related offenses may amount to thousands of dollars, burdening the individual long after serving time.
Probation: Probation conditions can be strict, with required regular check-ins, restrictions on possession of a firearm, and limitations on travel.
Loss of Firearm Rights: Those convicted may lose their right to possess firearms, sometimes for a lifetime, especially in cases of felonies.
Impact on Employment: A gun charge conviction can hinder employment prospects, as many employers conduct background checks and might be hesitant to hire someone with a prior criminal record.
Damage to Reputation: The social stigma of a criminal conviction can affect relationships, community standing, and opportunities for professional advancement.
These are generalized penalties and each case can result in different outcomes. The specific circumstances of the firearms offense, one’s criminal history, and the effectiveness of the defense will all influence the final sentence.
Contact the Law Offices of E. William Hevenor, an Experienced Criminal Defense Attorney
At the Law Offices of E. William Hevenor, we understand that facing gun charges can be daunting. With years of experience as a criminal defense attorney, E. William Hevenor is committed to providing vigorous representation for those accused of gun crimes in Philadelphia, PA.
Need guidance on facing gun charges? Contact us at (610) 251-9930 for a free consultation today and secure an advocate for your rights.
