Criminal Attorneys & DWI Lawyers in Covington, New Orleans, and Shreveport Louisiana
Illegal Carrying of Weapons Defense Lawyer in Shreveport
Have you been charged with illegal carrying of weapons in Shreveport, Louisiana or any where else in the area. Barkemeyer Law Firm handles charges like this every day. Our criminal defense attorneys are here to explain these charges and what you need to know moving forward. We have several locations in Louisiana too, so no matter where you are we’re here to help and offer the best guidance for these charges.
Experienced Illegal Carrying Of Weapons Defense Attorneys In Shreveport
We are a team of experienced attorneys who can help you with these types of charges. However, it’s best that you have some background information on what illegal carrying of weapons charges are exactly. So let’s get into what it means if you’re arrested for illegal carrying of weapons in Shreveport, Louisiana and what you should do in the meantime.
What is Illegal carrying of weapons in Louisiana?
Illegal carrying of weapons is essentially, the intentional concealment of any firearm, or other dangerous weapon (knife, brass knuckles, etc.) on one’s person. Therefore, if the weapon is not concealed, then it is not illegal carrying of weapons. For instance, if the defendant is found to be in possession of a weapon that is hidden in his pants, and he doesn’t have a conceal and carry permit, he could be facing a charge. It is not a defense that the gun is registered in his name.
What are the penalties for Illegal carrying of weapons in Louisiana?
The penalties for misdemeanor illegal carrying of weapons in Shreveport, Louisiana may include up to 6 months in jail and a fine of up to $500. Therefore, a judge could sentence the defendant to jail time, pay a fine, or both. If the defendant has a previous conviction for illegal carrying of weapons, he could be charged with a felony and be facing up to 5 years in prison. However, this does not apply where more than 5 years have elapsed since the expiration of the maximum sentence, or sentences, of the previous conviction or convictions, and the time of the commission of the last offense for which he has been convicted.
Can I get probation if I’m convicted of Illegal carrying of weapons in Louisiana?
Yes. It is entirely up to the judge if he wants to order probation for illegal carrying of weapons as opposed to jail time. The judge may order conditions of probation such as community service, classes, etc. The judge has full discretion here. If the defendant fails to complete the conditions, the judge could revoke the misdemeanor probation and remand the defendant to serve the suspended sentence, which could be up to six months in jail.
Defenses Available to Those Arrested For Illegally Carrying a Firearm
When you are arrested for carrying a firearm, you may not know if your constitutional rights have been violated. In some cases, your spouse may have hidden the weapon in a bag, while others might have put it in a container inside their vehicle. The state must prove that you knew you were carrying the weapon and that it was on your property. If you are arrested in Shreveport for carrying a firearm, there are defenses available to you that can help you avoid a conviction.
Defendant’s constitutional rights were violated by police
If you have been accused of a crime, you have the right to an attorney who can help you fight your case. Many times, police violate your constitutional rights, whether it be due to jury misconduct or mistakes in the criminal procedure. You can request a new trial or appeal the case to a higher court. In either case, you can appeal the ruling and ask whether justice was served.
Upon arrest, Shreveport police officers are required to inform the person of their rights. In addition to this, they cannot force you to talk, answer questions, or sign anything without your permission. It is also against the law for police officers to make you sign any documents that are not in your best interest. If police officers attempt to violate your constitutional rights by ordering you to sign anything, you can always request that they leave and consult an attorney.
Defendant’s burden of proof
A defendant’s burden of proof when arrested for illegally carrying a firearm rests on his knowledge of the weapon. The evidence was insufficient to establish that he had constructive possession of the gun. Although the firearm was found during the arrest, the defendant never relinquished it. In addition, his prior convictions for domestic violence were not sufficient to meet the definition of a misdemeanor crime involving the use of physical force or a threat of a deadly weapon.
In an example case, the defendant was found guilty of felony possession of a firearm, despite his plea agreement to a lesser charge of possessing a gun. A subsequent search of his home revealed three firearms and ammunition. The prosecutor also had a witness testify that the gun was similar to the one found in the house. The prosecution was unable to establish a sufficient connection between the two types of evidence to convict the defendant.
As far as the duty to disclose the gun’s location is concerned, the statutory presumption in Mason is not based on the possession of the gun itself, but rather on the defendant’s intent to surrender the gun the next day. A statutory presumption is a legal requirement for a conviction, but it must be established by positive evidence. The burden of proof for an individual arrested for illegal carrying firearm is high, so it is important to carefully consider the facts before submitting a motion to suppress evidence.
Defenses to a felony conviction
While many people are guilty of illegally carrying a firearm, this is not always the case. The state may have an exception to carry a firearm in certain circumstances. For example, a person may be able to carry a firearm in a vehicle without causing a problem, such as while driving. A person cannot be guilty of this crime in Shreveport if he knows the firearm is concealed in a vehicle. If a person has a legal concealed carry license, then a defense will not be applicable.
While there is no specific federal law against illegally carrying a firearm, it is possible to be convicted of the crime if you were carrying a weapon. However, some states have exceptions, such as if you are using a prohibited weapon in a commercial or industrial setting. If you are arrested for illegally carrying a firearm, a lawyer will work to reduce the charges or get them dismissed altogether.
Most firearms crimes require the state to prove beyond a reasonable doubt that you possessed the weapon. While this burden is high for the prosecution, there are ways to challenge the state’s case. The most common defense is called “substantial assistance,” which is based on the fact that the arresting officer did not have probable cause. If a prosecutor has insufficient evidence, the defendant can use this evidence against them.
Defenses to a misdemeanor conviction
While many people are aware of the severe consequences of a misdemeanor conviction for carrying a firearm in public, you may not realize that there are defenses to this charge as well. In some cases, the punishment for this offense may be as harsh as a year in jail. If you were arrested for carrying a firearm in a public place, you may also be subject to other penalties, including a suspended driving license and probation. If you are convicted of an illegal firearm possession charge, your gun rights will be restricted, and you may even be denied federal housing.
If you have a history of gun possession, the laws against carrying a firearm can be even stricter. Under La. R.S. 14:95.1, you cannot carry a firearm in public if you are convicted of a felony, which is defined as an offense that results in a term of imprisonment of more than a year. In some states, the statute prohibits people with a history of crimes from owning firearms, so you must prove that you have no prior criminal records.
The first defense to a misdemeanor conviction of illegal carrying of a firearm in Caddo Parish District Court is to argue that you do not possess the firearm. Most of these cases involve the possession of a firearm. Having a firearm does not make you a criminal, but it does mean you are violating a specific law. It is illegal to carry a firearm in the state capitol or the governor’s mansion, among other places. The law states that you cannot possess such a firearm in public while you are picketing.
Defendant’s defenses to a misdemeanor conviction
A misdemeanor conviction for carrying a firearm illegally can be very serious. It can lead to mandatory jail time, but that does not mean that you are guilty. Our Shreveport criminal defense attorneys have decades of experience defending clients charged with illegal gun possession. He has successfully argued countless cases on behalf of clients and works to craft compelling defenses for every case. We will work to protect our client’s rights throughout the entire process.
Many people accidentally forget their gun at the airport. A competent gun defense lawyer will push the prosecution to prove that the offender was not threatening or displaying a firearm in an offensive or reckless manner. It’s not illegal to have a firearm in an airport, but the State must prove that he intended to cause a risk to others. In many cases, our criminal defense lawyers have successfully argued against the case and obtained a dismissal in the Shreveport City Court.
There are various types of offenses that may result from illegal firearm possession. For instance, brandishing a deadly weapon requires a minimum jail sentence of 30 days. If you’re found guilty of illegally carrying a firearm in a public place, the punishment can be more severe. If you were arrested, you’ll be banned from purchasing or owning firearms in the future, which means you may lose your job and welfare benefits. You may also lose your right to vote. These convictions have severe consequences, and the punishments are harsh.
Shreveport Gun Charge Defense Lawyer
Our lawyers have decades of experience defending clients with Illegal Carrying of Weapons under La. R.S. 14:95. We know defenses that work and how to negotiate with the prosecutor to get deals when our clients don’t have a good case on the facts. You can take a look at this page to learn more about Barkemeyer Law Firm and our other locations too.
Conclusion: Illegal Carrying Of Weapons Shreveport Louisiana
Contact us if you need help with your gun charge in Shreveport or anywhere else in Louisiana. If you’ve been charged with illegal carrying of weapons Shreveport Louisiana you definitely need an attorney.
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Louisiana DWI & Criminal Lawyers
Louisiana criminal lawyers and DWI attorneys at the Barkemeyer Law Firm providing legal defense services for clients in New Orleans, Metairie, Kenner, Gretna, Hahnville, Belle Chasse, St. Bernard, Slidell, St. Tammany, St. Charles, St. John, Laplace, Mandeville, Covington, Shreveport, Bossier, and Jefferson.
DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship.