Criminal Defense Waldorf, MD Criminal Defense: Gun Possession Charges By Law Office of Robert Castro, P.A. | October 12, 2023 Share Criminal defenses and/or extenuating circumstances may help you “beat” charges for illegal gun possession in Maryland. If you have been charged with illegal gun possession in Waldorf, Maryland, Charles County, Maryland, or any other part of Southern Maryland, call the experienced and courtroom-proven Maryland gun possession defense lawyers at the Law Office of Robert Castro. Call us at (301) 705-5137. We are available around the clock, 24/7, and have offices in Waldorf, Maryland. Here are some things to know about illegal gun possession laws and possible defenses. Note that this article discussed fun possession crimes which are distinct from unlawful gun use and/or gun distribution crimes. In many cases, weapons charges will be filed in more than one category. Thus, the use or threatened use of a firearm will be combined with a charge for unlawful possession if the firearm is unregistered and/or if the accused does not have a permit for the gun. There are many gun possession crimes in Maryland. Among the most commonly charged crimes are these (along with potential penalties for first-time offenders): Unlawful possession or possession of an unregistered firearm – the potential punishments if convicted are up to three years in prison and a $2,500 fine Possession of certain illegal firearms – the potential punishments if convicted are up to three years in prison and a $5,000 fine Carrying a handgun without a permit – the potential punishments if convicted are up to three years in prison and a $1,000 fine Possession of a handgun after being convicted of certain “disqualifying” crimes — known as felon-in-possession charges; disqualifying crimes are mostly felony crimes; the potential punishments if convicted are up to 15 years in prison (with a mandatory minimum sentence of five years) Various factors will be taken into account if there is a conviction and the judge must determine a sentence. Among these include whether possession was “simple” or involved some sort of violence, threat, brandishing, discharge, display, or something else more serious than mere possession. Authorities take into account whether the offense was violent or just simple possession. Judges will also consider the location where the accused was found with the firearm, such as whether the accused was with others, was nearby to criminal behavior and the court will also consider the type of firearm involved. In terms of potential criminal defenses, obviously, any criminal defense will have to be tailored to the facts of the case. For example, in some cases, it could be argued that there was no actual possession if the firearm was found NEAR the accused, but not actually ON the accused. The prosecuting attorneys will then have to prove — beyond a reasonable doubt — something called “constructive possession.” That is more difficult for prosecutors to prove. Constitutional violations may be a viable defense depending on how the firearm was discovered. If the firearm was discovered via a “stop and frisk,” were those legal and lawful? Depending on the facts, there may be other defenses too. Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today This article has been provided by the Law Office of Robert Castro. For more information or questions contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 705-5137. We are Waldorf, MD Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.
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