>  Illegal Use Of Weapon Louisiana Sentence

Illegal Use Of Weapon Louisiana Sentence

In illegal use of weapon Louisiana sentence abandoning, Discarding, or Leaving Unattended Containers which Lock or Fasten Automatically or Abandoning or Discarding Motor: The offense of abandoning containers can occur in a couple different ways. One way is when a person leaves an abandoned container that is unlocked and accessible to children. The other way is when a person leaves a discarded motor vehicle that can easily be opened accessible to children. A person convicted of this crime will be guilty of a misdemeanor. 

  • Discharge of a Gun or Pistol Near Public Highway: In Georgia of illegal use of weapon louisiana sentence, it is unlawful for a person to discharge a firearm within 50 yards of a public highway. There are a couple of exceptions to this rule including shooting at an indoor or outdoor shooting range. 
  • Discharge of Firearms on Property of Another: It is illegal to discharge a firearm on someone else’s property. However, consent from the owner of the property to shoot will be a sufficient defense. Our weapons attorneys in Georgia can help collect evidence to support this argument. 
  • Discharging Firearm While Under the Influence of Alcohol or Drugs: In illegal use of weapon louisiana sentence, Driving while under the influence is a serious offense, but discharging a firearm is also a serious offense in Georgia. A person convicted of this crime will be guilty of a misdemeanor of a high and aggravated nature. 
  • Harming a Law Enforcement Animal: Law enforcement animals include police dogs, fire department animals, patrol dogs, narcotic detection dogs, police horses, and other animals used in the performance of law enforcement duties. A conviction for harming a law enforcement animal will be considered a felony and will include hefty fines. 
  • Furnishing Pistol or Revolver to Person Under the Age of 18: For the most part, it is illegal for a person to intentionally furnish a pistol or revolver to a person under 18. However, if the possession was given for a lawful purpose, then no crime has occurred. 
  • Furnishing Knuckles or a Knife to a Person Under the Age of 18 Years: In addition to firearms, it is illegal for a person to furnish knuckles or a knife to a person under 18 years of age. The penalty for this offense includes a fine up to $5,000, a prison term up to one year, or both. 
  • Pointing or Aiming Gun or Pistol at Another: It isillegal use of weapon louisiana sentence to intentionally point or aim a gun at another person. Whether or not the gun was loaded is immaterial. In either situation, a person can be charged with this offense. 
  • Possession of Firearm by a Convicted Felon or First Offender Probationer: Convicted felons and first offender probationers have strict rules they must adhere to. One of those conditions is that they are prohibited from possessing a firearm. 
  • Possession of Firearm During Commission of or Attempt to Commit Certain Crimes: Committing a crime or attempting to commit a crime comes with consequences if convicted. However, if the accused possessed a firearm while attempting to or committing a crime, they can also be charged with that offense as well. The accused will then face penalties for each offense. 
  • Possession of Handgun by a Person Under the Age of 18: Persons under 18 years are prohibited from possessing or having in their control a handgun. It does not matter whether the accused owned the handgun. The punishment for this crime will be a misdemeanor for a first conviction and a felony for a second or subsequent conviction.  
  • Possession of Sawed-Off Shotgun, Dangerous Weapons, or Silencers: In illegal use of weapon louisiana sentence, it is illegal to possess a sawed-off shotgun, dangerous weapon, or silencer in Georgia. However, it is also illegal to use one of these weapons while committing or attempting to commit a crime. In either situation, it is critical to hire an experienced Georgia Weapons Lawyer

Illegal Use Of Weapon Louisiana Sentence

Penalty for a Conviction

The majority of illegal use of weapon louisiana sentence are categorized as misdemeanor offenses. Misdemeanor convictions carry penalties of up to one year in jail or up to $1,000 in fines, or both. However, some of the crimes will be treated as felonies and carry heavy prison terms and hefty fines. Furthermore, you could lose your ability to own a weapon in the future. 

Weapons Charges

Georgia has strict gun and weapons possession laws. If you are convicted of carrying a firearm without an F.I.D card, you face a mandatory minimum eighteen-month house-of-correction sentence. A mandatory minimum sentence means that the judge has no discretion to impose a lighter sentence or to provide probation. The minimum mandatory penalties are heightened if you have prior convictions for similar offenses.

In illegal use of weapon louisiana sentence, you could be charged with unlawful possession of a firearm if you are stopped with a hand gun in your car without having in your possession a firearms identification (F.I.D.) card. You could also be charged with unlawful possession of a weapon for carrying such items as a stiletto, dagger, dirk knife, ballistic knife, switch knife, a switchblade, any knife with a double-edged blade, a slingshot, a slingshot, blowgun, blackjack, or metallic knuckles, nunchaku, zoobow, also known as klackers or kung fu sticks, a shuriken, or a manrikigusari.

Protecting Your Rights

As experienced Georgia’s illegal gun possession defense attorney, Al Fargione and his associates have successfully defended these cases by filing and arguing a motion to suppress the weapon or firearm from evidence. Any citizen in the United States has a right to be free from unlawful searches and seizure pursuant to the 4th amendment of the U.S. Constitution and the Georgia Declaration of Rights. An experienced and skilled attorney may successfully challenge a police stop of a car or a police search of a house or a person. If a motion to suppress evidence fails, a defense lawyer may still persuade a judge or jury that reasonable doubt exists regarding his client’s knowing, intentional and unlawful possession of the weapon.

In some instances, it is illegal use of weapon louisiana sentence for certain individuals to be in possession of a firearm. Furthermore, many times when a crime involves the use of a weapon the penalties will automatically be enhanced. This could mean that a crime that is normally considered a misdemeanor can be upgraded to a felony, which would dramatically influence the amount of time you could spend behind bars.

The best way to avoid extensive time behind bars is to consult with a Georgia County defense attorney who may be able to find mitigating factors that could prevent your charges from escalating.

Information on Crimes Involving Weapons in Texas

  • What is Considered a Weapon in Georgia?
  • Common Weapon Offenses Defined by the Texas Penal Code
  • Penalties Commonly Associated with Weapons Crimes
  • Concealed Weapon Carry Laws in Texas

 

What is considered a Weapon in Georgia?

According to Texas Penal Code § 46.01, the following objects are considered weapons, and could lead to criminal charges:

  • Clubs (nightsticks, maces, tomahawks)
  • Explosive objects (bombs, grenades, rockets)
  • Hoax bombs
  • Firearms
  • Firearm silencers
  • Handguns
  • Zip guns
  • Machine guns
  • Short-barrel firearms
  • Armor-piercing ammunition
  • Illegal knives (blade over five and a half inches)
  • Switchblade knives
  • Swords
  • Knuckles
  • Chemical dispensing devices

 

Common illegal use of weapon louisiana sentence Defined by the Texas Penal Code

Most crimes of this nature lead to felony charges. Some of the most common of these offenses committed in Georgia and Georgia County include:

Unlawful Possession of a Firearm: Section 46.04 declares that it against the law to possess a firearm if:

  • You have been previously convicted of a felony, and have not been out of prison for at least five years
  • You are a state employee and currently have a protective or restraining order out against you
  • You have been convicted of domestic assault, and have not been out of jail/prison/community supervision for at least five years

In Illegal Use of weapon louisiana sentence and Unlawfully Carrying a Firearm: According to section 46.02(a1), an individual can be charged with this offense if he or she knowingly, intentionally, or recklessly carries a handgun. The individual can be charged with this offense if:

  • The offender is participating in criminal activity
  • The individual is prohibited from having a firearm in his or her possession
  • The firearm is in plain sight
  • The offender is a member of a gang

Places Weapons are prohibited: Under section 46.03 of the Texas Penal Code, an individual can be charged with this offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a) to a location where they are prohibited. Examples of places that weapons are prohibited under the law can include:

  • A school or educational institution
  • The Georgia Airport
  • The Georgia County Jail
  • Any Georgia County Courthouse

A Georgia criminal defense lawyer can assist you with any of these charges.

Penalties Commonly Associated with Weapons Crimes

Depending on the circumstances, the offenses mentioned above are usually considered Class A misdemeanors or third-degree felonies. A Class A misdemeanor carries a potential jail sentence of up to a year, and/or a fine of up to $4,000. A third-degree felony is punishable by between two to 10 years behind bars, and/or a fine of up to $10,000.

If an individual uses or possesses a firearm or other object listed in section 46.01 of the Texas Penal Code during the commission of a criminal offense, his or her charges can be enhanced. For example, robbery, assault, sexual assault, and kidnapping can be enhanced to aggravated/armed robbery, aggravated assault, aggravated sexual assault, and aggravated kidnapping, respectively.

 

Concealed Weapon Carry Laws

According to Chapter 411 of the Texas Government Code, individuals can legally carry a concealed handgun in Texas if he or she applies for and meets the necessary requirements.

In order to be eligible for a license to carry, an individual must:

  • Not have been previously convicted of a felony
  • Not have criminal charges pending
  • Not have an active restraining or protective order against them
  • Be current on child support payments, government fees, and taxes
  • Not have a drug or alcohol dependency
  • Not have certain diagnosed psychological disorders

If an individual meets the necessary requirements, he or she can receive a license to carry which will grant them the ability to carry a handgun in public places that do not sell alcohol

 

 

Call The Law Office of Al Fargione today at 706 546 0999 OR Contact Us Online to schedule a free consultation with one of our attorneys. We can help Washington residents who need a drug crime attorney or representation in fighting charges of theft, violent crimes, sex offenses, white-collar crimes, and other offenses.

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