In Ohio, weapons crimes can carry serious consequences for anyone involved. The laws surrounding the possession and use of firearms and other weapons are designed to keep people safe, but they can also lead to severe penalties for those who break them. Ohio law sets strict rules about who can own weapons, where they can be carried, and how they can be used. People who are accused of breaking these laws face a range of charges, each with its own penalties. Understanding these charges and what penalties they might carry can help individuals navigate their situation and take steps to protect their rights.
Weapons crimes in Ohio can involve many different scenarios, from illegal possession of a firearm to using a weapon in a violent crime. Each type of offense is treated differently by the courts, and penalties vary depending on the circumstances. Knowing the most common types of charges and what they entail can provide a better understanding of how the legal process works in these cases. At, Sabol & Mallory Law Firm, we are here to guide you through the legal process and help you navigate the complexities of your case.
Dan Sabol
Dan is the first attorney in Ohio to be both board certified in criminal trial law by the National Board of Trial Advocacy and be designated as a Lawyer Scientist by the American Chemical Society.
Chase Mallory
Chase Mallory is a firm founder whom has tried over 40 cases and conducted more than 100 suppression hearings. He is a founding member of the DUI Defense Lawyers Association
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Learn more about our teamCommon Weapons Charges in Ohio
When it comes to weapons crimes in Ohio, the charges can range from minor offenses to serious felonies. Some of the most common charges include unlawful possession of a firearm, carrying a concealed weapon without a permit, using a firearm while intoxicated, and discharging a firearm in public places. Each of these charges comes with its own set of legal consequences and penalties.
One of the most frequent weapons crimes involves the unlawful possession of a firearm. Ohio law requires that people meet certain conditions before they are legally allowed to own or carry a firearm. For instance, convicted felons are prohibited from owning guns. If someone is found in possession of a firearm who is not legally allowed to have one, they can face criminal charges. These charges can be more serious if the person is found with a firearm while committing another crime.
Another common weapons charge in Ohio is carrying a concealed weapon without a permit. Ohio allows people to carry concealed weapons, but they must first obtain a permit. Without this permit, carrying a concealed weapon is illegal and can result in arrest and prosecution. The law is especially strict if someone is carrying a concealed firearm without a permit and is caught in a place where weapons are prohibited, such as a school or government building.
Using a firearm while under the influence of alcohol or drugs is another charge that can result in serious consequences. Ohio law prohibits the use of firearms by individuals who are intoxicated. If someone is caught using a gun while impaired, they can face criminal charges, even if they did not hurt anyone or cause any damage. The penalties for this charge can be severe, especially if the individual has a prior criminal record.
Discharging a firearm in public is another charge that carries heavy penalties in Ohio. If a person is found firing a gun in a public place, such as a park or city street, they can be charged with a crime. Even if the person was not aiming at anyone and no one was hurt, they can still face significant legal consequences. The law treats the act of discharging a firearm in public as a serious threat to public safety.
Penalties for Weapons Crimes in Ohio
The penalties for weapons crimes in Ohio vary depending on the severity of the offense and the person’s criminal history. However, even a first-time offender can face steep fines, jail time, and a permanent criminal record. For more serious offenses, such as using a weapon in the commission of a violent crime, the penalties can be even harsher, including long prison sentences.
Unlawful possession of a firearm is typically charged as a felony. This means that individuals convicted of this crime may face several years in prison, along with heavy fines. The length of the sentence can depend on factors like whether the individual had prior convictions, whether they were involved in another crime at the time, and the type of firearm they possessed. A felony conviction can also result in the loss of certain civil rights, such as the right to vote or own a firearm in the future.
For those charged with carrying a concealed weapon without a permit, the penalties can vary. In some cases, it might be considered a misdemeanor, but it can also be charged as a felony, especially if the person was carrying the weapon in a restricted area. The penalties can include jail time, probation, and significant fines. Additionally, a conviction for carrying a concealed weapon without a permit can make it more difficult for an individual to obtain a permit in the future.
Using a firearm while under the influence of alcohol or drugs is another crime that carries heavy penalties. This offense is usually charged as a misdemeanor, but it can lead to jail time and fines. In cases where the individual has a prior criminal record, the penalties can be much more severe. A conviction for this crime can also result in the loss of the right to carry or own firearms.
Discharging a firearm in public is treated as a serious crime in Ohio, and the penalties reflect the potential danger involved. Even if no one was harmed, a conviction for this offense can result in a lengthy prison sentence, particularly if the individual has a history of violent behavior or if the firearm was discharged in a crowded area. The courts take this charge very seriously, and individuals convicted of discharging a firearm in public can expect to face significant legal consequences.
Enhancements and Aggravating Factors
Certain factors can lead to enhanced penalties for weapons crimes in Ohio. For example, if a firearm was used in the commission of another crime, such as a robbery or assault, the penalties can be much more severe. Ohio law considers the use of a weapon during a crime to be an aggravating factor, and this can result in longer prison sentences and larger fines.
Another factor that can lead to enhanced penalties is the possession of certain types of firearms. Ohio law treats the possession of automatic weapons, sawed-off shotguns, and other types of illegal firearms as more serious offenses. People caught with these types of weapons can face felony charges, even if they were not involved in any other criminal activity at the time.
In addition, repeat offenders often face harsher penalties for weapons crimes in Ohio. If someone has been previously convicted of a weapons crime, any new charges will likely result in enhanced penalties. The courts tend to be less lenient with individuals who have a history of criminal behavior, particularly when it comes to crimes involving firearms.
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Chase Mallory is incredible. He is wonderful to work with and knows exactly what to do to help his clients. Thank you from the bottom of my heart for all you've done for me. I highly recommend hiring Chase to help fight your battles. Bless you!
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Dan Sabol is probably the best attorney I've ever worked with. Very professional and worked hard to get the best results possible. He will be the first person I call if I need a lawyer again. If you find yourself in a sticky situation make sure you give him a ring.
- Christopher R.
I had the pleasure of working with Dan and Chase and I am very grateful!! They did amazing work to help me on my case. They are very helpful and get back with you in a timely manner whenever I had questions for them, which was very nice and reassuring.
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Defending Against Weapons Charges
Facing weapons charges in Ohio can be a frightening and overwhelming experience. However, there are legal defenses that can be used to challenge these charges and potentially reduce the penalties. One common defense is arguing that the individual did not know they were in possession of a firearm. For example, someone might be accused of carrying a concealed weapon without a permit because they were unaware that a gun was in their car. In cases like this, the defense can argue that the possession was unintentional, which may lead to a reduced sentence or dismissal of the charges.
Another defense is that the weapon was used in self-defense. Ohio law allows individuals to use firearms to protect themselves if they are in immediate danger. If someone used a firearm to protect themselves from an attack, this could be used as a defense against certain weapons charges. However, this defense can be complicated, and the person must prove that they were in immediate danger and that the use of the weapon was necessary.
The penalties for weapons crimes in Ohio can be life-changing, but with the right legal guidance, individuals can work toward a more favorable outcome. Each case is different, and the specific details of the situation will determine the best defense strategy.
If you are facing weapons charges in Ohio, it is important to seek legal help right away. The legal system can be complex, and the penalties for weapons crimes are serious. With the guidance of experienced legal professionals, you can better understand your rights and options. Sabol & Mallory Law Firm is here to help. Our team understands the Ohio legal system and can provide the support you need during this challenging time. Contact Sabol & Mallory Law Firm today to discuss your case and learn how we can assist you in protecting your future.