Mecklenburg does not have a tremendous amount of violent crimes. Law enforcement wants to see whether a gun was also used as the part of the commission of those crimes. The more common Mecklenburg gun charges are going to be felons possessing guns after being prohibited without getting their gun rights restored in any kind of limited fashion, as well as people possessing schedule one and two drugs and also possessing firearms. If you find yourself facing a firearm offense, it may be beneficial to consult a skilled gun lawyer before trial.
The most common types of Mecklenburg gun charges are related to felony records. Drug possession would be a trend. The prosecutors will use the gun charges as bargaining chips. If a person pleads to this then they will drop the mandatory minimum associated with the felony possession of a firearm or if the person pleads to the drug possession, then they will not charge the additional possession of the firearm while in possession of drugs. They use them to encourage people to plead guilty to related charges.
There are brandishing charges for a class one misdemeanor. If there is a shooting in a town outside of properly zoned areas which can be enhanced based on whether or not anybody was injured in the shooting. If there were no injuries, it is a class one misdemeanor. If none, it can be enhanced to felonies. There is possession of a firearm after being convicted of a felony then the person is going to look at the time period and the type of felony. Another serious charge is possessing a firearm while also simultaneously possessing certain types of drugs.
A class one misdemeanor in Virginia carries up to 12 months in jail and a $2,500 fine depending on the type of charge. In addition, there are often cases where the law enforcement agency or the Commonwealth of Virginia asks the alleged perpetrator to forfeit the firearm.
The buzz words for possession are going to be dominion and control. The person has to prove, as a Commonwealth’s attorney, that the person was exercising, had the ability to exercise dominion and control over the weapon. It is not enough that they are in the vicinity of the weapon or the weapon is in the vicinity of the person charged. It can be an issue in vehicles or homes where a number of people live. Knowledge of the weapon could possibly not extend to the person charged.
A person does not need to have a gun on them to be charged with unlawful gun possession. The most common scenario in Mecklenburg is that a person interacts with law enforcement in the course of a vehicle stop and there is a gun found in the vehicle and that person either has a felony record or some type of prohibited drug, most recently heroin on them. That the gun does not actually have to be on their person.
It means they have conspired with at least one other person to violate Mecklenburg gun laws. In order to face these kinds of Mecklenburg gun charges, an individual would be involved in some conspiracy or attempt on a prohibited Mecklenburg gun act. This can also mean an individual is illegally or possessing a gun and drugs at the same time, illegally. Mecklenburg and pretty much every other Commonwealth attorney’s office in Virginia is going to charge the person with as much as possible so that they have a lot to work with and can negotiate the position and have a better chance of getting a conviction.
Facing Mecklenburg gun charges can be an intimidating and confusing process. By working with a local attorney, a defendant can rest assured that their case is in the hands of someone with the experience and resources necessary to achieve the best possible outcome in the case.
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