Benefits of a Colonial Heights Gun Attorney
While the Second Amendment grants us the right to bear arms, there are still laws by which every citizen must abide. When you are charged with forsaking these laws, the Second Amendment alone is not enough to constitute a courtroom defense. The benefits of a Colonial Heights gun attorney include drafting a defense that could help you rebuke the charges presented by the state. Only an attorney could help you in this manner which makes contacting one the first step toward a more favorable courtroom outcome.
Why Hire an Attorney Who Could Prepare a Gun Charge Defense
There are two primary benefits of a Colonial Heights gun attorney. If the charge is one of the lower-level gun charges, those are not necessarily easy to prove and may have very serious repercussions if alleged offenders are found guilty. People should hire an attorney who could get into the courtroom and fight with and for them to make sure that their rights are going to be protected. Additionally, if the charge is one of the more serious gun charges, they are going to want to hire an attorney so that they do not go to jail for three, five, or even 10 years.
How Colonial Heights Gun Lawyers Often Prepare People for Criminal Related Proceedings
When lawyers deal with a gun charge, the first thing they need to prepare the accused for is the ultimate consequences of the charge. People need to know what they face if they were to lose in a trial. The next thing is to discuss the nature of the accusation. For example, cases involving possession of a firearm are different from those involving the use.
Attorneys need to determine the nature of the case, how and why the gun was used or possessed, how that factors into the charge, and how all of this adds up to determine whether or not the client should testify.
How Defense Attorneys Refute Evidence
Refuting the evidence in a gun charge case depends on the type of gun charge. Possession cases may be refuted by learning more about whether the alleged offender had a firearm, whether it was constructive possession that could be challenged, and whether they had knowledge that the item was an actual firearm.
Elements that could be refuted in a firearm usage case include issues like witness testimony, physical evidence, or even discussing the purpose of the use. For example, a self-defense claim may be warranted. A self-defense claim could fall under the benefits of a Colonial Heights gun attorney.
Common Defense Strategies Against Gun Charges
How might an attorney defend against a prosecution’s evidence and case against an accused person? Common defense strategies in gun charge cases include self-defense, attacking the definition of possession used in the case, and refuting the idea that the charged person had reasonable knowledge that the item was a firearm.
Important Factors when Vetting a Criminal Defense Attorney while Facing a Colonial Heights Gun Charge
When looking for a criminal defense attorney, a charged person should look at an attorney’s willingness to fight the case. It is important for the attorney to be willing to sit down, look at the evidence, go through everything, and not just take a case on with the understanding that they just have to plead guilty. Even if taking a plea deal is advantageous, the person should want a lawyer who would look into all possibilities and is willing to defend them in court.
Why Knowledge of a Gun Charge Case Trial is Critical
The trial process is highly contested and exceptionally lengthy. For a misdemeanor charge, the case would be in front of a judge in the General District Court, and not necessarily in front of a jury. However, when a case is held in the Circuit Court, and assuming that the person is charged with one of the more serious gun charges, it is going to be a highly contested matter is likely to go before a jury due to the mandatory minimums.
Before they go to court, a charged person should know the specific charge they face. They should know the maximum and minimum penalties of that charge as well, and whether they need to hire an attorney or wish to use court-appointed counsel. However, there are certainly benefits to a Colonial Heights gun attorney as opposed to a court-appointed counsel.
Why the Second Amendment Alone Is Not a Sufficient Defense
The First and Second Amendments are not absolute. The Second Amendment, like any other amendment, may be waived. Participating in certain actions waives a person’s right to the Second Amendment. Also, the Second Amendment does not state that a person may have a gun and do anything they want with it.
The First Amendment does not protect all speech, but it protects most speech. Similarly, the Second Amendment does not protect all gun rights. It protects most gun rights. Virginia is relatively liberal about firearms. A person may own a gun and they could do a lot with it. This is an open carry state which allows for people to visibly carry certain weapons in public with little repercussion. However, the second they are intimidating, scaring, or trying to hurt somebody, that is where the law steps in.
Additionally, the Second Amendment could be removed from individuals’ rights for different reasons, one of which is being convicted of a felony offense. Since the Second Amendment is not absolute, it could be and often is waived by individuals based on their actions, whether by being convicted of a felony or by intentional waiving of their right. This is where the numerous benefits of a Colonial Heights gun attorney could help to preserve a charged person’s constitutional rights.
Speak to an Attorney Today
The benefits of a Colonial Heights gun attorney cannot be undervalued. If you are facing felony or misdemeanor charges from the state, you need to take all the steps within your power to preserve your rights. An attorney could evaluate the circumstances of your specific charge and draft a defense to either refute or mitigate the prosecution’s efforts against you. When you are ready to discuss your case, reach out to an attorney.