Maryland Weapons Attorney Aggressive Defense for Gun, Knife, and Concealed-Carry Charges Across Maryland A weapons charge in Maryland can change your life overnight. Jail time, fines, and a record that follows you for years. If you’ve been arrested, you need a Maryland weapons attorney who knows the statutes, the courts, and the prosecutors in your county. The Law Office of Robert R. Castro has handled over 10,000 criminal cases since 1993. We defend clients across Charles County, Calvert County, St. Mary’s County, Prince George’s County, and Washington, DC. Call (301) 870-1200 day or night for a free case review. We answer 24/7. What Counts as a “Weapon” Under Maryland Law Maryland’s main dangerous weapons statute is Md. Criminal Law § 4-101. The law lists these items as weapons: Dirk knives Bowie knives Switchblade knives Star knives Sandclubs Metal knuckles Razors Nunchaku Handguns are not covered under § 4-101. They are regulated under § 4-203 and other parts of Maryland law. Penknives without a switchblade are also excluded. Pepper spray and chemical mace fall under a narrower rule. It is not illegal to carry them. It only becomes a crime if you carry them openly with intent to injure someone. Knowing which statute applies to your case matters. The penalties and defenses differ between dangerous weapon charges and handgun charges. A skilled weapons lawyer will identify the right legal framework for your case from day one. How Maryland Weapons Charges Are Classified Weapons offenses range from misdemeanors to felonies. A conviction under § 4-101 for carrying a concealed dangerous weapon can mean up to 3 years in prison and a $1,000 fine. Handgun charges under § 4-203 can carry harsher penalties. That is especially true when the firearm was displayed, loaded, or used during another alleged offense. Other common charges include: Carrying a concealed dangerous weapon Wearing or carrying a weapon openly with intent to injure Carrying a weapon on school property under § 4-102 Possession of a regulated firearm by a prohibited person Improper storage of a loaded firearm where a minor can access it Transporting a handgun without a permit Some charges come from items most people don’t think of as weapons. A box cutter, a heavy metal object, or even a tool can be treated as a dangerous weapon. It depends on the situation and what prosecutors argue about your intent. A Maryland weapons attorney can determine which statute applies and where the State’s case has weak spots. Possession, Control, and What Prosecutors Have to Prove You don’t have to be holding a weapon to face charges. Maryland recognizes “constructive possession.” That means you can be charged if a weapon was found in a place you controlled. This often happens during a traffic stop or a search of a home. For per se dangerous weapons like knives, metal knuckles, or razors, the State does not have to prove you meant to use the item as a weapon. For other objects, prosecutors must show two things. First, that the object was dangerous in the situation. Second, that you carried it with the intent to use it as a weapon. These intent and possession questions often decide if a weapons case is won or lost. A careful review of the police report, body camera footage, and the search itself can reveal gaps. Those gaps can change the outcome of the case. How a Maryland Weapons Attorney Defends Your Case Weapons cases often turn on how the evidence was collected. The Fourth Amendment limits when and how police can search you, your car, or your home. The evidence may be thrown out if an officer lacked a valid reason to stop you, lacked probable cause to search, or held you longer than the law allows. Common defense strategies include: Challenging the legality of the stop, search, or seizure Arguing the item does not meet the statutory definition of a weapon Showing a lack of knowledge or control over the item Raising the “reasonable precaution against apprehended danger” defense under § 4-101(b)(4) Identifying procedural errors in how the charge was filed or evidence handled A weapons charge can also overlap with other criminal allegations. Common ones include drug crimes, assault, or violent crimes. The strategy in one charge can affect the others. We look at your case as a whole, not just the single charge in front of us. The same approach applies if your weapons charge is paired with a traffic offense from the same stop. Why Choose Castro Law Group Robert R. Castro has practiced law in Maryland since 1993 and in Washington, DC since 2014. Over more than 30 years, our firm has handled over 10,000 criminal cases. Our attorneys carry 75 years of combined legal experience. We serve Maryland criminal defense clients in Charles County, Calvert County, St. Mary’s County, Prince George’s County, Anne Arundel County, and Washington, DC. Our attorneys are members of the Maryland State Bar Association, the Maryland Association for Justice, and the Charles County Bar Association. Our team speaks English and Spanish, and our Waldorf office is wheelchair accessible. When you call our office, you speak with someone who knows what you’re dealing with. We give you a straight assessment of your case: the strengths, the risks, and your options. No sugarcoating. If we take your case, we prepare it like it’s going to trial. That’s true even when the goal is to resolve it before that. Frequently Asked Questions Can I be charged with a weapons offense in Maryland if the firearm wasn’t loaded? Whether a firearm is loaded affects the penalties under § 4-203, but it does not decide whether a charge can be filed. Carrying or transporting a handgun without a permit is a chargeable offense in Maryland, loaded or not. Call (301) 870-1200 to discuss your situation. What if the weapon wasn’t mine? Possession in Maryland does not require ownership. You can be charged if the State believes you had access to or control over the area where the weapon was found. This is called constructive possession. A defense lawyer can challenge whether the State can actually prove that link beyond a reasonable doubt. Are weapons charges always felonies in Maryland? Not always. Carrying a concealed dangerous weapon under § 4-101 is usually a misdemeanor, with a maximum of 3 years in prison. Handgun offenses under § 4-203 and certain repeat offenses can be charged as felonies. Those carry harsher penalties, including mandatory minimum sentences in some situations. Can I lose my right to own a firearm after a Maryland weapons conviction? In many cases, yes. A conviction for certain weapons offenses, a crime of violence, or a felony can make you a “prohibited person.” This applies under both Maryland and federal law. It means losing the right to possess regulated firearms going forward. Expungement and post-conviction relief may help in limited situations. Do you defend weapons cases in Charles County, Calvert County, and Prince George’s County? Our office is based in Waldorf, MD. We represent clients in Charles County, Calvert County, St. Mary’s County, Prince George’s County, Anne Arundel County, and Washington, DC. Call (301) 870-1200 to speak with a Maryland weapons attorney about your case. Should I talk to the police if I’m questioned about a weapons charge? You have the right to remain silent and the right to a lawyer. We recommend using both. Statements made before you have counsel are often used against you later. That’s true even when they seem helpful in the moment. Call us first. Do you offer 24/7 phone support for weapons arrests? Our phone line answers 24 hours a day, 7 days a week. If you or a family member has just been arrested on a weapons charge in Maryland, call (301) 870-1200 right now. The first call is free, and we can give you guidance before you make a single statement to police. Charged With a Weapons Offense in Maryland? Call Today. If you or someone you love is facing weapons charges in Maryland or Washington, DC, get a defense lawyer involved early. Time matters in these cases. Call the Law Office of Robert R. Castro at (301) 870-1200 day or night for a free case review with a Maryland weapons attorney.
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