Unlawful Use of a Firearm Defense Attorney in Kingston, PA, Serves Clients Charged With Offenses Like Assault With a Deadly Weapon and Use of Prohibited Weapons in Luzerne County, Lackawanna County, Columbia County, and Throughout Northeastern Pennsylvania
Accusations of using firearms and other deadly weapons to commit crimes or assault others are as serious as legal trouble can get. If convicted of criminal charges related to the unlawful use of guns and other weapons, you could spend a decade or more in prison. To defend against these criminal charges, you should consult an experienced Luzerne County unlawful use of a firearm lawyer at Muckler Law, LLC.
Get your questions answered and your case evaluated during a free consultation. Contact us today for help with your unlawful use of firearms charges.
Unlawful Use of a Firearm Charges in Luzerne County, PA
Generally, lawful uses of firearms and other weapons in Pennsylvania include hunting, target practice, and, when necessary, defense of yourself and others. Other uses of firearms, as well as uses of weapons that are prohibited by state law, may constitute a form of unlawful use.
When you have been charged with any form of unlawful use of a firearm or weapon in Luzerne County, your next step should be to consult a knowledgeable criminal defense attorney. These charges are serious criminal matters.
Even if no one got hurt in the incident that gave rise to these charges, you could be looking at significant jail time if convicted. If someone did sustain bodily injuries in an incident in which you are being charged with unlawful use of a weapon in Luzerne County, the consequences could be even more severe. You need professional legal representation by an experienced unlawful use of a firearm defense attorney in Kingston, PA.
Areas Our Luzerne County Unlawful Use of a Firearm Lawyer Serves
Muckler Law, LLC, is here to defend you against charges involving unlawful use of firearms and other weapons. We assist people accused of the use of prohibited weapons, reckless endangerment, assault with a deadly weapon, and the use of firearms in the commission of other crimes throughout Luzerne County, including:
- Nanticoke
- Hazleton
- Pittston
- Wilkes-Barre
- Kingston
- Hanover Township
- Hazle Township
- Plains Township
- Dallas Township
- Butler Township
Our background of serving defendants across Northeastern Pennsylvania for more than 15 years makes us well-equipped to handle complex unlawful use of weapons cases like yours. Whatever the specific charges against you are, you will be prepared for the legal process ahead with our seasoned weapons offense attorneys fighting for you.
Use of a Prohibited Offensive Weapon
Restrictions under Pennsylvania law (statute 18 Pa.C.S. Section 908) mean that there may be no recognized lawful use of certain weapons within the state. Under this law, it’s illegal to use or even possess (except under a few specific exceptions) weapons such as:
- Grenades
- Bombs
- Tasers and stun guns
- Metal knuckles
- Blackjack batons
- Sawed-off shotguns (if the barrel is less than 18 inches)
- Firearms adapted or made for silent discharge or concealment
Your alleged use of a prohibited offensive weapon doesn’t have to have constituted an act of violence or even a threat of violence for you to potentially face criminal charges. This charge constitutes a first-degree misdemeanor, for which you could face weapon charge penalties as harsh as up to five years of jail time and up to $10,000 in fines. You’re going to need a knowledgeable possession of a deadly weapon attorney to defend you against these charges.
Assault With a Deadly Weapon (Aggravated Assault) Charges
Another type of unlawful use of a firearm is using the weapon to assault someone or cause them bodily injury. In Pennsylvania, assault in which someone intentionally causes physical injury to a victim using a deadly weapon constitutes aggravated assault. Aggravated assault is a more severe assault charge than simple assault.
When you are accused of the crime of assault with a deadly weapon, you could be facing second-degree felony charges. (In cases in which the victim was a child under 13 years old, a law enforcement officer, a government official, or certain other personnel in the scope of their employment, this offense may be classified as a first-degree felony.)
If convicted of second-degree felony charges of aggravated assault, you could go to jail for up to 10 years and be fined up to $25,000. It’s critical that you hire an attorney with experience defending against assault with deadly weapon charges to help you minimize the consequences of this serious criminal matter on your life.
Recklessly Endangering Another Person Charges
Any reckless behavior that involves the use of a weapon may bring about reckless endangerment charges. A charge of recklessly endangering another person (REAP) may result from allegations of conduct like the following:
- Brandishing a gun or another weapon
- Pointing a gun at someone or in their direction
- Firing a gun in someone else’s direction, even if you don’t hit them or aim directly at them
- Firing a gun in a public place
Under PA law, reckless endangerment is 0 in fines. You may also be facing other charges in addition to a REAP charge.
Gun Presence or Involvement in Any Crime
Having a gun on your person or in your presence during any crime you allegedly committed can raise the stakes. Under statute 42 Pa. C.S. Section 2154, either possessing or using a gun during the commission of a crime constitutes criminal behavior for which you could face sentences of “increased severity.”
Gun Penalty Sentencing Enhancements
Some crimes, like assault, are classed as more severe offenses (aggravated assault rather than simple assault) when they involve the use of a deadly weapon. For other offenses, the unlawful use of firearms becomes a factor in sentencing through a sentencing enhancement.
In what situations does the deadly weapon enhancement apply? Under the Pennsylvania Code, possession of a deadly weapon during the commission of a crime may include any firearm, loaded or unloaded, or any dangerous weapon or device designed as a weapon.
Injuring someone with such a weapon while committing a crime constitutes an offense to which a deadly weapon enhancement can be applied, but so does merely threatening someone in the course of the crime.
The gun or other weapon doesn’t have to be on your person if the prosecution can make a case that the weapon was still under your “immediate physical control.”
You don’t necessarily have to use the weapon, either to harm someone or to threaten them, to face more severe legal consequences as a result of having it in your possession. Even the intent to employ the weapon in the course of committing a crime may constitute criminal possession.
Deadly weapon enhancements cannot be added to offenses in which the possession of a deadly weapon is already either an element of the legal definition of the crime or a factor considered in sentencing. However, our Luzerne County unlawful use of a firearm lawyer has encountered cases in which the accused could receive a deadly weapon sentence enhancement if convicted of crimes like the following:
- Robbery
- Burglary
- Attempted murder
- Drug charges, especially distribution or possession with the intent to distribute
If you are convicted of multiple offenses that involve the possession or use of a deadly weapon, a sentence enhancement may be added to each of these convictions. Charges of illegal possession of a firearm, concealed carry of weapons without a license, and otherwise violating the Pennsylvania Uniform Firearms Act may also apply.
If convicted of all offenses and penalized with the maximum sentences and sentencing enhancements, one incident of criminal activity can land you in jail for many years. Even if the weapons offenses charges against you don’t sound like such a big deal at first, the consequences of these accusations could quickly add up. You need the assistance of an experienced unlawful use of a firearm defense attorney in Kingston, PA.
Contact a Luzerne County Unlawful Use of a Firearm Lawyer at Muckler Law, LLC, Today for a Free Consultation
There’s nothing minor about an unlawful use of a firearm charge. Even the least serious charges related to unlawfully possessing or using a weapon can pose a consequence of potential jail time. If multiple offenses and sentence enhancements apply, the prison term you could be facing is nothing short of life-changing.
For help from an unlawful use of a firearm attorney in Luzerne County, PA, contact Muckler Law, LLC, online or call 570-908-4069 today.
