Gun charges can carry serious penalties that may permanently affect your life. Whether you’re facing charges for illegal possession, unlawful discharge, or carrying without a permit, navigating the legal system without an experienced attorney can be overwhelming and risky. At Bauer, Scanlon, & Wigginton (BSW) Lawyers, we understand that every gun charge is different and requires a tailored defense strategy. Our team of skilled attorneys has over 25 years of combined experience in criminal defense, and we have a deep understanding of the local Delaware County legal system.
In this blog, we’ll explore the importance of strong legal representation in gun-related cases, how our team at BSW Lawyers approaches gun charges, and the critical steps we take to defend our clients.
Understanding Gun Charges in Pennsylvania
Pennsylvania’s gun laws are complex, and the consequences for violating them can be severe. Some of the most common gun-related charges we see include:
- Carrying a Firearm Without a License: If you’re found carrying a concealed firearm without a valid license, you could face serious penalties, including fines and jail time. A conviction for this charge can result in a misdemeanor or even a felony, depending on the circumstances.
- Illegal Possession of a Firearm: This charge applies if you are in possession of a firearm while being prohibited by law from doing so. This can include people with prior felony convictions or those with restraining orders.
- Unlawful Discharge of a Firearm: If a firearm is discharged in a prohibited area or in a reckless manner, charges of unlawful discharge can be brought. Even if no one is injured, the penalties for this can be significant.
- Possession of a Firearm in a School Zone: Carrying a firearm on school grounds is a serious offense that can result in heavy fines and jail time.
- Straw Purchases: If you’re accused of purchasing a firearm on behalf of someone who is legally prohibited from owning one, you can face federal charges, which often come with harsh penalties.
Gun charges can be complicated by a variety of factors, including the presence of other criminal charges, previous convictions, or even misunderstandings about your intent. No matter the circumstances of your case, a gun charge is not something to take lightly. The penalties for these crimes can include hefty fines, loss of gun ownership rights, and significant prison sentences. That’s why it’s crucial to have an experienced legal team like BSW Lawyers on your side.
Why Local Experience Matters in Gun Charges
One of the biggest advantages we offer at BSW Lawyers is our deep, local knowledge of Delaware County’s legal system. Our team consists of “homegrown” attorneys who not only understand the local legal procedures but also have a well-respected reputation with key players in the county.
1. Experience as a Prosecutor and in Criminal Defense:
In Delaware County, how a gun charge is handled can depend on which prosecutor is assigned to your case or which judge presides over it. Knowing these individuals and how they operate can make a significant difference in the outcome of your case. Some judges might have a reputation for being particularly tough on gun charges, while others may be more open to alternative sentencing options, such as probation or diversion programs.
Our attorneys at BSW have worked with many of these judges and prosecutors over the years, and we use this familiarity to our clients’ advantage. We know how to approach cases based on the specific preferences and tendencies of these key players, allowing us to tailor our strategies for the best possible outcome.
2. Understanding Local Law Enforcement Tactics:
Being familiar with how local law enforcement officers conduct arrests and investigations is another crucial factor in building a strong defense. If you were stopped or searched without probable cause, or if your rights were violated in any way during your arrest, we will identify those issues and use them to challenge the validity of the charges against you. Our intimate knowledge of Delaware County means we know where law enforcement tends to overstep, and we won’t hesitate to hold them accountable.
Crafting a Robust Defense Strategy
At BSW Lawyers, we know that no two gun charges are the same. That’s why we take a personalized approach to every case, meticulously examining the facts and circumstances to develop a solid defense strategy. Here are some of the ways we fight to protect your rights:
1. Challenging the Evidence:
In gun cases, the prosecution often relies heavily on physical evidence, such as the firearm itself or forensic tests. We rigorously examine the chain of custody to ensure that the evidence was handled properly and not tampered with. Additionally, we look at how the firearm was discovered—was it found during an illegal search or seizure? Was there probable cause for the stop or the search that led to the discovery of the weapon? If we find that your constitutional rights were violated at any point, we will move to have the evidence suppressed.
2. Investigating Witness Credibility:
In cases where witness testimony is central to the prosecution’s case, we scrutinize the reliability and credibility of those witnesses. Were they in a position to accurately observe the events in question? Do they have any personal biases or motivations that could impact their testimony? Our thorough investigation can expose inconsistencies or errors that weaken the prosecution’s case.
3. Examining Intent and Circumstances:
Pennsylvania law treats gun charges differently depending on the intent behind the act. For example, accidental discharge or carrying a firearm with no intention of committing a crime may result in reduced penalties compared to situations where a weapon is used in the commission of a crime. We work closely with our clients to understand the context of the incident and present evidence that demonstrates a lack of criminal intent.
4. Plea Bargaining and Alternative Sentencing:
In some cases, negotiating with the prosecution for a reduced charge or lighter sentence may be in the best interest of our client. With our extensive experience in the Delaware County legal system, we know when it’s appropriate to push for plea bargains or alternative sentencing options, such as probation, diversion programs, or community service, instead of jail time. We fight to minimize the long-term impact of a gun charge on your life.
The Importance of Acting Quickly
When facing gun charges, time is of the essence. The sooner you seek legal counsel, the better your chances of building a strong defense. At BSW Lawyers, we encourage anyone facing gun-related charges to reach out for a consultation as soon as possible. Early intervention allows us to gather evidence, interview witnesses, and begin crafting a defense strategy before critical deadlines pass or the prosecution solidifies its case.
In some situations, we may be able to negotiate a reduction or dismissal of charges before a trial even begins. But the sooner we can get started, the more options we will have for building a successful defense.
How BSW Lawyers Can Help You
When you hire BSW Lawyers, you are getting more than just a defense attorney—you are getting a team of advocates who are dedicated to protecting your rights. Our experience as former prosecutors, assistant district attorneys, and public defenders gives us a well-rounded perspective on how the legal system works, and we use that insight to provide the best possible defense for our clients.
We approach every gun charge with the same level of tenacity and dedication, whether you’re facing a minor misdemeanor or a serious felony. We believe that every person deserves a fair trial and competent legal representation, and we will fight tirelessly to ensure that your rights are upheld.
If you are facing gun charges in Delaware County, don’t wait—contact BSW Lawyers today for a free consultation. With over 25 years of combined experience, our team of homegrown attorneys knows how to navigate the local legal system and build a strong defense on your behalf. Reach out to us now to learn more about how we can help you protect your future.