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Many of these regulations have a myriad of exceptions, up to and including private ownership, hunting use, and weapons licensing. Under Maryland law, there is also a statute that allows for expungement before service. If your case calls for negotiation we will do everything in our power to put you in the best possible situation for a plea deal. Luke Woods is a veteran trial attorney with over two decades of purely criminal defense experience. Wear-carry-transport handgun. How to beat a gun charge in maryland youtube. However, many of them have exceptions for everyday use. Attorney client priviledge would protect your conversation. Any riverboat gambling operation accessible by the public. Unless you have the case sealed or expunged then the arrest will still show up on your record. Gun charges in Baltimore can range from a possession charge, to carrying a concealed weapon without a permit, to a firearm offense being added to a violent felony charge in the case of an armed robbery. Gun control laws in the United States prohibit certain people from possessing weapons. The mandatory sentence used to apply to all cases but now only applies to cases where the prior felony and any sentence that followed was completed within 5 years of the new charge. If a person fires the gun in a gun-free zone, such as a school, the individual would be prosecuted for the unlawful discharge of a firearm, as well as the possession of a firearm, if they did not have it lawfully registered.
Short-barreled shotguns and rifles. There are many legal gray areas related to misdemeanor handgun crimes in Maryland, such as when you are carrying a handgun on or around your property. Under the Gun Control Act of 1968, you are generally ineligible to buy, sell, or possess firearms if you have been convicted of: - A federal crime punishable by prison for more than one year (typically a felony). Maryland Gun Attorney | Firearm Charges in Maryland. You're transporting it to and from a "ballistics testing laboratory" or other official research site.
The attorney may assist an investigator in developing the defense, and if the defendant is inclined to accept a plea offer from the state, the attorney could assist in negotiations with the state to try to get the state down to the most agreeable plea agreement possible. Gun control in maryland. It seems that whenever you turn on the news or read the paper, all you hear about is violence which has become widespread. It is no secret that most criminal cases end with an agreement between the State of Maryland and the Defendant, commonly referred to as a "plea agreement". Title 4 of Maryland's criminal code details the laws surrounding weapon crimes. Punishments for these Missouri gun charges vary.
The Maryland EXILE program is a statewide initiative to prevent gun crimes and prosecute repeat offenders. OTHER OUTCOMES OF CASES. Weaver Arms semiautomatic Nighthawk pistol. As with many crimes in Maryland, it's not necessarily about mere possession. While intoxicated, negligently handling or using a gun, or discharging a gun while not in self-defense. For more detail regarding Maryland firearm laws you can read the Maryland Official Code. If this crime is committed on public school property, the penalty increases to a minimum incarceration sentence of 90 days. The Second Amendment grants United States citizens the right to bear arms, but that right must be exercised within the confines of state laws and handgun regulations. Ghost guns: Maryland joins 10 states and DC becoming latest to place restrictions on ghost guns. Maryland criminal code Section 4-203 outlines an individual's rights to a handgun. Therefore, speaking generally, in Maryland, you cannot carry or transport handguns, unless: - It's part of your job. For second offense cases, Defendants may be held without bond pending trial.
Exceptions to this law include: - Law enforcement officers. A Trusted Team With A Comprehensive Knowledge Of Maryland's Gun Laws. Being transported to law enforcement per a court order. The only exceptions to this law are for law enforcement officers, on-duty members of the armed forces, correctional officers, individuals with proper permits, or individuals who can prove that they are transporting the handgun to or from a gun repair shop or place of sale. For a state that is relatively lenient when it comes to sentencing defendants on violent crimes such as robbery, the gun laws seem out of place and overly harsh. As you can see, prior criminal convictions can greatly interfere with obtaining a lawful handgun permit. There are a wide array of reasons a person could have charges related to being prohibited from possessing a firearm. It must be unloaded in a secure carrying case. Additionally, the presence of a firearm in relation to another criminal charge will significantly heighten penalties levied if you are convicted. Value of a Working with Baltimore Gun Attorney. If a dismissal or a satisfactory plea agreement is not reached, we will not hesitate to take your case in front of a jury. Nolle Prosequi Explained for Maryland Criminal Cases. An attorney can explain potential defenses that might apply in your case, and can give you an idea of what the potential penalties you could face are. Maryland has its own statutes and case law interpreting the application of nolle prosequi. The penalties for possession or discharge only increase when combined with other criminal activity or prior convictions.
Attorney Randolph Rice is a Maryland criminal lawyer and traffic defense attorney. When a nolle prosequi is entered and all of the above happens you may feel as if you have just won and there will be no consequences. Contact a gun lawyer to speak to learn how you could avoid Maryland gun penalties. Who should I choose as my Maryland Gun Lawyer? Through careful analysis of the details of their client's arrest, thorough investigative techniques, access to expert testimony, and the gathering of corroborating witness statements, and dedication to providing the best possible defense, their Maryland gun lawyer will handle their case to maximize their chances of acquittal or dismissal and minimize any negative outcome of a criminal conviction.
This article was written by a Maryland criminal defense attorney to answer many of the common questions associated with handgun in vehicle cases. Illegal searches, bad traffic stops, and unlawful arrests are three of the main ways that defendants end up with this charge. Each case is unique and our attorneys will examine your case to determine the best defense for your individual situation. Max has defended felony cases in Circuit Courts throughout Maryland. B) Effect of nolle prosequi. Name, address and occupation of the recipient. Was the gun brandished, displayed, or used in any way, or was it just a simple possession? The courts in Maryland have upheld that a nol pros can be entered as to the entire charging document, one or more counts, and even part of a count.
Under state law, it is illegal to carry, wear or transport a handgun without the proper permits, regardless of whether you are carrying it openly or concealed. For this reason, if you have been charged with a firearm offense, hiring a Baltimore gun lawyer should be your first step toward protecting your rights and your future. The applicant's never been convicted of a crime involving a controlled substance. State code Section 4-301 defines an assault pistol as a semiautomatic pistol such as the following: - Bushmaster. Even if you avoid conviction, just having a gun charge brought against you can have many unexpected effects on your life. Wilkinson semiautomatic "Linda" pistol. Both Luke Woods and Max Frizalone specialize in criminal defense, and each of them has earned not guilty verdicts on felony charges. Maryland Weapons Crimes.
What Guns and Accessories Are Illegal in Baltimore? These charges are frequently brough by a law enforcement officer who confiscates a handgun from a vehicle and brings gun charges against a person. A gun-free zone is a specific area that lawmakers have designated must be gun-free. Carrying a weapon with intent to commit a crime. The defense must be very fact-specific, however, the prosecution is going to fight any such defense very strongly. Using an assault pistol to carry out a violent or felony crime results in a prison sentence between five and 20 years, and more for repeat offenders.
Generally speaking, Maryland's handgun laws are where most criminal gun charges arise form, because handguns are treated most harshly under Maryland's two major gun charge statutes. Every gun charge is different, and each gun charge offers opportunities for an attorney at law to argue different theories of defense. Luke will leverage his knowledge of felony cases to ensure your case is dismissed before indictment.