Are you facing weapons charges in Birmingham, AL? If you’ve been detained or arrested and are being accused of a gun or weapons offense, you need legal assistance right away. Alabama imposes strict penalties for firearms violations, including heavy fines and lengthy prison terms. An experienced Birmingham criminal defense lawyer can take steps to reduce the impact of the charges you face.
At Jaffe, Hanle, Whisonant & Knight, P.C we strongly believe that by getting skilled legal representation promptly, you give yourself the best chance of preserving your freedom and your future. If you’re facing weapons charges, we’re here to help you. Call us at today at (205) 930-9800 or schedule a free consultation with a Birmingham weapons charges lawyer.
How Jaffe, Hanle, Whisonant & Knight, P.C Can Help If You’re Arrested For Weapons Charges in Birmingham, Alabama
If you’re facing weapons charges in Birmingham, Alabama, it’s important to reach out for legal help as soon as possible. With 100 years of combined legal experience, our legal team has the knowledge and resources to build a strong defense on your behalf. Here’s how we can help you:
- Our legal team will carefully investigate the details of your case, gather evidence, and talk to witnesses to build a strong defense.
- We can help secure fair bail conditions so you can focus on preparing your defense rather than fighting your case from custody.
- We’ll protect your constitutional rights at every stage, ensuring law enforcement follows proper procedures when searching and seizing evidence. If they don’t, we’ll file appropriate pre-trial motions, like a motion to suppress evidence.
- Our attorneys will try to negotiate a plea deal on your behalf and, if necessary, fight your charges in court to protect your freedom and future.
Our attorneys have been recognized by reputable legal organizations, such as The National Trial Lawyers, Martindale-Hubbell, and the American College of Trial Lawyers.
Reach out to us today for help with weapons charges. This is the best way to mitigate the consequences you’re facing. Contact Jaffe, Hanle, Whisonant & Knight, P.C. to schedule a free consultation with a Birmingham criminal defense attorney.
Overview of Weapons Charges in Alabama
Alabama has a variety of laws aimed at regulating and restricting the use and possession of firearms, which can result in serious charges if broken. Below is an overview of the laws and some of the weapons-related offenses in the state:
Concealed Carry Laws
Alabama is a “shall-issue” state, meaning the state typically grants concealed carry permits if you meet requirements like being at least 19, passing a background check, and completing any necessary fingerprinting.
Prohibited Individuals
People with violent crime convictions, domestic violence offenses, or those labeled drug addicts or alcoholics usually cannot legally own guns. Anyone who intends harm at a public school is also forbidden from possessing firearms.
Firing into an Unoccupied Building or Vehicle
It’s illegal to shoot into any unoccupied house, building, car, or boat. This offense is treated seriously due to the risk of damage and potential harm.
Providing False Information to a Firearms Dealer
Lying about identifying details or otherwise falsifying information to buy a firearm can lead to criminal charges.
Illegal Weapons
Sawed-off shotguns, automatic weapons, short-barreled rifles, or any gun lacking proper authorization are considered illegal. Manufacturing, selling, or using bombs, grenades, and other explosive devices is also illegal and is a felony offense.
Aggravated Weapons Charges
Using a weapon unlawfully or showing it threateningly while committing another crime (like robbery) can lead to more severe penalties. If convicted, this may involve longer prison sentences and higher fines.
Because Alabama’s weapons laws can be complex, seeking assistance from a knowledgeable defense attorney can help you understand your rights and options if you’re facing weapon or gun-related charges.
What Are the Penalties For Weapons Charges in Birmingham, Alabama
Penalties for weapons charges in Birmingham, Alabama, can differ greatly depending on the situation, but they usually involve potential jail or prison time, fines, or probation. Below are some examples of penalties under Alabama law:
- Less Serious Offenses: Many violations of state gun law may lead to a jail term of up to one year or fines that could reach $500.
- Providing False Information: Using false details to purchase a firearm can result in a prison sentence of up to ten years.
- Weapons Charges During a Violent Crime: If you commit or attempt a violent offense while armed, you face imprisonment for up to 5 years.
- Short-Barreled Firearms: Possessing short-barreled rifles or shotguns without proper authorization may lead to ten years in prison.
- Weapons on School Grounds: Having a deadly weapon – from certain explosives to types of knives – with the intent to harm on public school property can lead to one to 10 years behind bars.
Because these penalties vary widely, it’s important to talk with an experienced defense attorney to determine how the law applies to your case.
Collateral Consequences of Weapons Charges and Convictions
Facing weapon charges isn’t just about what happens in court – the effects can be seen through many parts of your life long after any sentence is served or fines are paid. The following are some ways a weapon charge can lead to challenges beyond the legal system:
Difficulty Finding Employment
Many employers ask about past arrests or convictions, viewing certain offenses as red flags when making hiring decisions. A pending or past weapon charge can reduce your chances of landing a job, especially in fields that require licensing or security clearances.
Housing Limitations
Landlords and property management companies often conduct background checks on prospective tenants. A weapon charge may disqualify you from many rental opportunities or force you into less desirable housing.
Immigration Consequences
If you’re not a U.S. citizen, any kind of criminal conviction can trigger serious problems with immigration. You might face deportation, denial of reentry, or a negative mark on your visa application or green card application. Even if you have a legal right to remain in the country, a weapon charge can complicate your immigration status and delay important processes.
These collateral consequences highlight why it’s so important to explore every legal option and defend your rights from the very start.
What Defenses Can Be Raised If I’m Arrested For Weapons Charges?
If you’re facing weapons charges, it’s easy to feel overwhelmed by the rules and the potential outcomes. However, it’s crucial to remember that you may have valid defenses that can protect your rights and freedom. Below are some common defenses to consider:
Violation of Constitutional Rights
Law enforcement must follow correct procedures when arresting you or searching your home or vehicle. If the police conducted an unlawful search or failed to inform you of your right to remain silent, the evidence they gathered might be excluded from your case. Challenging these procedural errors can weaken the prosecution’s argument and potentially have charges dismissed or reduced.
Insufficient or Flawed Evidence
The prosecution must prove every element of the weapon charge beyond a reasonable doubt. If there’s not enough reliable evidence – like credible witnesses or physical proof – then it can be argued that the state hasn’t met its burden of proof. In some cases, a defense attorney can point out mistakes in how the evidence was collected or inconsistencies in witness testimony to show that the allegations are not fully supported.
Self-Defense or Defense of Others
Sometimes, using or possessing a weapon can be justified if you were acting to protect yourself or someone else from immediate harm. In these cases, it matters whether the threat you faced was genuine and whether the force you used was reasonable. Providing evidence or witness statements that confirm you felt an honest fear of injury or death can be a powerful basis for your defense.
To determine the best defense for your weapons case, you should speak with a criminal defense lawyer as soon as possible.
Schedule a Free Case Evaluation With Our Birmingham Weapons Charges Lawyers
If you or someone close to you is facing weapons-related charges, our dedicated criminal defense team is here to help. We understand the complexities of gun laws and other weapons-related offenses and will work diligently to protect your rights throughout the legal process.
We want to make sure your side of the story is heard and that you have the best possible defense. Get in touch with us and we’ll take the time to understand your situation and guide you toward the best resolution for your case. Contact Jaffe, Hanle, Whisonant & Knight, P.C. to schedule a free consultation with a Birmingham weapons charges lawyer.