Colonial Heights Gun Penalty Enhancements
A gun charge alone is a serious matter, but when it is tacked onto another criminal charge, the consequences can be even greater. A felony committed with a firearm is more likely to get a life sentence than the felony alone. Likewise, even possessing a firearm as a felon can be added as an additional charge that may be easier to prove than another crime allegedly committed.
Colonial Heights gun penalty enhancements can turn an already difficult charge into a nightmare. Fortunately, a seasoned gun attorney may be able to help.
What are the Penalty Enhancements in Colonial Heights?
Colonial Heights gun penalty enhancements are different factors in an offense that can make the penalty more severe. It will change the penalties for the worse for the defendant, and it could change the way in which an offense is either adjudicated, tried, or defended.
The crimes that can be enhanced by using a firearm in the commission of a crime. The statute states that it shall be unlawful for any person to use or attempt to use any pistol, shotgun, rifle, or other firearms, or display such weapon, in a threatening manner, while committing or attempting to commit a crime.
The offenses that trigger enhancements are:
- Murder
- Rape
- Forcible sodomy
- Inanimate or object sexual penetration
- Robbery
- Carjacking
- Burglary
- Malicious wounding
- Malicious bodily injury to a law enforcement officer
- Aggravated malicious wounding
- Malicious wounding by mob or abduction.
If an individual commits any of those offenses and uses a firearm or displays such weapon in a threatening manner while attempting to commit one of those offenses, that offense is enhanced. A completely new, distinct, and separate charge from the use of a firearm is then leveled. These charges carry a mandatory minimum of three to five years.
Multiple Firearm Charges
It is uncommon to be charged with other offenses alongside gun charges. The only time multiple gun charges are seen is when there has been a more serious offense committed. However, when there are multiple offenses, the gun charge will rarely be the main charge, but it can. In some cases, a gun charge can be added to make the defense more difficult to mount.
The use of a firearm is often an added charge to another crime. A first offense robbery charge can lead to three years incarceration, but robbery with a firearm can be a life sentence.
However, it is harder to prove a robbery offense than the use of a firearm. Even if a jury finds an individual not guilty of the robbery, they can still find the defendant guilty of the use of a firearm.
Prosecutors may put all these ancillary gun charges on top of more serious offenses to make the defendant and their lawyer’s case more difficult.
Is it Legal to Distribute a Firearm to a Child?
Distributing a firearm to a minor is similar to contributing to the delinquency of a minor. Allowing children access to firearms is unlawful. It is illegal for any person to authorize a child under 12 to use a firearm without adult supervision.
To furnish a firearm to a child under the age of 12 is a Class 1 misdemeanor, similar to contributing to the delinquency of a minor, carrying 12 months in jail and a fine of $2,500. However, in the event of a business selling to a minor, there could be some civil penalties that can lead to the loss of a business license.
Call to Learn About Colonial Heights Firearm Enhancements
Colonial Heights gun penalty enhancements can lead to severe long-term consequences. The commission of any crime with the assistance of a firearm can make the case more difficult to beat as well. Contact an experienced attorney today to learn more about your options. You have rights, and a professional may be able to help you defend them.
