Weapons offenses address the balance of the right to arm and protect yourself, and the state’s ability to legislate the manner and circumstances you may carry and use your weapon. These offenses are often ripe for a Fourth Amendment challenge—that is, whether the officer had a right to stop and search you in the first place.
Weapons offenses involve the inherent conflict in balancing our constitutional right to keep and bear arms along with the state’s desire to regulate who is permitted to use firearms, for what purpose, and what weapons may be used in the first place. Ohio has enacted many laws governing the manner in which a weapon is owned and who may own them, and we frequently represent people charged with:
Due to the serious harm a weapon may cause, these offenses are taken very seriously by the state. The nature of the weapon and criminal history of the suspect tend to dictate the seriousness of the charge. While each case presents unique defense opportunities, defenses involving unlawful search and seizure, self-defense, and the inability to prove the defendant knowingly possessed the weapon are common. Further, we have successfully negotiated beneficial pleas and dismissals through leveraging weaknesses in the state’s case, mitigation, and different intervention and diversion programs.
The circumstances of either your personal life or the events that led to your charge may present an opportunity to avoid a weapons conviction. We have had weapons cases voluntarily dismissed, destroyed cases through rulings finding a constitutional violation, and won weapons cases in trial. If you would like to know how we would assess your case, contact us for a free evaluation.