DEFENDING CLIENTS AGAINST WEAPON OFFENSES CHARGES

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If you face one or more weapon offenses in the State of Georgia, you face one of the most problematic legal charges litigated by criminal defense attorneys. Like virtually every other state, Georgia has enacted numerous laws that apply to the use, ownership, and possession of guns and other types of weapons. Nonetheless, Georgia has placed fewer restrictions on owning a firearm than the number of restrictions placed on citizens living in most other states.

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Facing one or more weapon offenses requires the legal expertise of a Georgia licensed criminal defense attorney that has compiled and impressive record of helping clients win not guilty verdicts. The criminal defense team at Garland Law Group specializes in defending clients against weapon offenses by gaining acquittals, as well as negotiating favorable sentencing terms that dramatically reduce the time spent behind bars.

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Overview of Gun Ownership

One of the restrictions the State of Georgia does not impose on gun owners involves permits. You do not need to purchase a permit to buy a firearm in Georgia, but you do need to obtain a permit to carry a weapon openly and carry a gun concealed. Without acquiring a carry permit, you are not allowed to bring handguns outside of your residence. However, you enjoy full Second Amendment rights when it comes to handling a gun inside of your home, as well as within the boundary of your property. If you are not banned from owning a gun for one or more reasons, you can possess a firearm on your property, without having to pay for a permit.

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Pointing and Firing a Firearm

Anyone that points a gun at someone else, without having the legal justification to do so, will face a weapon offense in Georgia. Gaining a conviction requires a prosecutor to prove the defendant purposely pointed a firearm at another person. The prosecutor does not have to prove there was an intent to fire the gun. For instance, a defendant is found guilty for pointing a gun at a quick service employee for getting an order wrong. The defendant did not intend to fire the gun, but a crime has been committed for the fact that the defendant pointed the gun. Georgia prohibits the firing of firearms on public roads and highways, as well as on the property owned by other people.

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Banned Weapons in Georgia

As the preeminent gun law in Georgia, the Georgia Firearms and Weapons Act clearly forbids the ownership of the following types of dangerous guns and weapons:

• Bazooka

• Silencer

• Sawed off rifle

• Sawed off shotgun

• Mortar

• Rocket launcher

• Hand grenade

 

Please note the banned weapons in Georgia do not typically apply to military personnel that are active in the line of duty.

 

Georgia Weapon Offenses Applied to Felons

Georgia law stipulates felons are not permitted to own, possess, receive, or move firearms, unless they have received a pardon that explicitly grants them the right to own a firearm. The state also prohibits the possession of a gun or any other type of weapon during the act of committing a felony. For example, someone who uses a knife during a store robbery can expect to face the charge of armed robbery, as well as one or more weapon offenses.

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Georgia Punishment for Weapon Offenses

As a misdemeanor, pointing a gun or discharging a firearm on a Georgia public road or on the property owned by another person can carry a prison sentence up to one year and/or a fine not to exceed $1,000. Doing the same under the influence of drugs and/or alcohol carries a stiffer fine up to $5,000 and the maximum one-year jail term. Possession of a weapon while committing a felony can result in a prison sentence up to five years. The jail term must be served consecutively with the prison term assigned for committing the second crime.

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Winning Weapon Offenses Cases

Winning weapon offenses case in Georgia requires the help of an experienced criminal defense lawyer who will thoroughly investigate the circumstances surrounding the case. There are a few commonly used defenses in weapon offenses cases, including the proving of a defendant’s innocence.

• Weapon was not operable

• Weapon was enclosed inside a box or case

• Item used is not legally considered a weapon

• Illegally performed search and seizure

• Defendant did not have the weapon on his or her possession

• Used the weapon for self defense

 

The search and seizure defense refers to the Fourth Amendment of the United States Constitution, which requires law enforcement investigators to obtain the proper legal documents that authorize searches and seizures.

 

Proving Innocence

Proving the innocence of our clients charged with weapon offenses involves finding witnesses that offer testimony in favor of the clients, as well as presenting physical evidence that exonerates our clients of violating one or more Georgia firearm laws. We also make sure the jury understands the burden of proof called “Beyond a reasonable doubt.” The high litmus test for criminal guilt gives our team of criminal defense attorneys plenty of options to plant the seeds of legal doubt.