Many people might not realize that being charged with a second weapons offense can lead to severe consequences. To be convicted of this offense, the prosecutor must prove elements that show how the defendant, without a reasonable doubt, committed the crime.
However, an experienced criminal defense lawyer can use various defenses to prove the defendant’s innocence or to get their sentence reduced.
Some common defenses for a second firearm or weapons charge include:
- You had a permit to carry the weapon
- You did not realize the weapon was loaded
- You did not knowingly, willingly, or recklessly throw or aim the weapon
- You did not know that the firearm’s serial number was altered or removed
- The police found the weapon during an illegal search