Charges for Possession or Use of Weapons

Weapons charges include offenses that address the possession or use of weapons. Even though many people envision a defendant actually pulling a gun on a store clerk, weapons charges are broadly used and applied to prohibit the possession of certain weapons by any person or certain persons and to increase the range of punishment for the use of weapons during other offenses. 

What is a Weapons Charge?

The term weapons charge globally refers to a broad set of charges that involve weapons. Most state statutes are divided into two categories of weapon charges: possession and use. The first category focuses on the mere possession of a certain weapons. A defendant can be charged and convicted of possessing an illegal weapon, even though no one was hurt, threatened, or even saw the weapon. Because of public policy concerns, many states have banned all persons from possessing certain categories of weapons. Some of these weapons include switch blade knives, brass knuckles, short barrel shotguns, and some types of pepper spray. Additionally, all states have rules that restrict access to weapons by certain persons.

For example, convicted felons are not allowed to possess firearms under state or federal statutes. Some states do not allow convicted felons to possess body armor, a sub-category of weapons. The main focus of these weapon charges is possession. If the state can prove that the instrument was an illegal weapon and that a defendant exercised care, custody, or control of the weapon, then the defendant can be convicted of the weapon charge. Possession of illegal weapon charges tend to be lower than weapons charges that involve the actual use of a weapon.

The second category of weapon charges focuses on the use of weapon during the commission of some other offense. These are sometimes referred to as aggravated offenses. For example, a sexual assault becomes an aggravated sexual assault when a weapon is used or displayed during the commission of the offense. Most states do not require an actual injury to aggravate a charge to a weapons charge. Often, the mere display of a weapon to intimidate or frighten a victim into compliance is enough.

For example, if a defendant holds a gun to a woman’s head to encourage her to perform a sexual act, holding the gun is enough to charge the defendant with the weapons charge of aggravated sexual assault. When the term aggravated is inserted before the name of a regular offense, the addition usually refers to the use of a weapon or some other serious circumstance.

source: criminal-law.freeadvice

If you are undocumented and need Legal Help for DWI or DUI, Without a License, Drugs' Possession or Domestic Violence. You can contact Attorney Frank Yeverino (713) 545-2520, who specializes in Undocumented Criminal Defense of the, he will take personally the call to assist you directly and quickly. The Fy Law Firm helps you.

 

Criminal Defense in Houston

Drunk Driving, Driving Under the Influence DWI, Driving Under the Influence DUI, Accidents, Personal Injury Compensation, Claim for Personal Injury, Personal Injuries, Possession of Drugs, Criminal, Drug Related Offenses, Drug traffic, Possession of Marijuana, Domestic violence, False Charges of Violence, Arrest for Domestic Violence, Family Cases, Divorces, Legal Custody of Children, Child Support, Alimony, Driving without a Driver's License, Driving without a License, Arrest for Driving without a License, Drive with Expired License, Locate my husband with the ID, Federal Crimes, Undocumented, Criminal Defense for the Undocumented, Criminal Defense for Immigrants, Defense for Immigrants, The Fy Law Firm