Gun ownership is on the rise in America and this is true for the state of Louisiana as well. Gun sales increase every year and therefore they must be regulated by the law so as to keep citizens safe and healthy. However, there are many instances where guns are purchased, kept, and used illegally and many people are charged every year with some type of these offenses. It is very important to keep yourself by using and owning guns legally. However, if you have been charged with some type of gun offense in Livingston Parish or Denham Springs, Louisiana, then we recommend you contact us for legal assistance to help fight those charges. Carl Barkemeyer is a very experienced gun charge defense lawyer in Louisiana with extensive knowledge of the gun laws to help our clients defend themselves in court when facing these gun charges. We can help you build a case that can help you attain a more ideal outcome for you and limit the burden that a gun charge can place on you, your future, and the future of your loved ones.
There are many different types of gun charges in Louisiana with various different definitions, penalties, and defenses that you can be convicted of so we will go through each to understand the differences between them.
Illegal use of weapons is the intentional or criminally negligent discharging of any firearm, or the throwing, placing, or other use of any article, liquid, or substance, where it is foreseeable that it may result in death or great bodily harm to a human being. Most often, this charge exists when it is alleged that the defendant was shooting guns outside in an area where it is foreseeable that it may result in harm to a person. The penalties that come along with an illegal use of weapons charge includes a fine of not more than one thousand dollars, or imprisoned with or without hard labor for not more than two years, or both.
Illegal carrying of weapons is basically, the intentional concealment of any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, on one's person. Therefore, if the weapon is not concealed, then it is not illegal carrying of weapons. The penalties for misdemeanor illegal carrying of weapons in Louisiana may include up to six months in jail and a fine of up to $500. Therefore, a judge could sentence the defendant to jail time, pay a fine, or both.
Possession of firearms with drugs charges state that it is illegal to use, possess, or have under his immediate control any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon,
1. while committing or attempting to commit a crime of violence, or
2. while unlawfully in the possession of a controlled dangerous substance, except the possession of fourteen grams or less of marijuana, or
3. during the unlawful sale or distribution of a controlled dangerous substance.
The penalties state that the offender shall be fined not more than ten thousand dollars and imprisoned at hard labor for not less than five (5) nor more than ten (10) years without the benefit of probation, parole, or suspension of sentence.
This charge states that a convicted felon cannot be in possession of firearms for 10 years after they are convicted. The punishments for this charge state the defendant must be imprisoned at hard labor for 5-20 years without the benefit of probation, parole, or suspension of sentence and be fined not less than one thousand dollars nor more than five thousand dollars.
This charge states that it is unlawful for any person who has been convicted of any of the following offenses to possess a firearm or carry a concealed weapon:
(1) Domestic abuse battery
(2) A second or subsequent offense of battery of a dating partner
(3) Battery of a dating partner when the offense involves strangulation
(4) Battery of a dating partner when the offense involves burning
The punishments that come if convicted of this charge include the offender being imprisoned with or without hard labor for not less than one year nor more than twenty years without the benefit of probation, parole, or suspension of sentence, and shall be fined not less than one thousand dollars nor more than five thousand dollars
This charge is stated as the illegal possession of stolen firearms as the intentional possessing, procuring, receiving, or concealing of a firearm which has been the subject of any form of misappropriation.
The punishments for a first offense of this charge include the penalty shall be imprisonment, with or without hard labor, for not less than one year nor more than five years.
If you have been charged with one or multiple of any of these gun offenses, it is imperative you seek legal assistance to help build a case to defend yourself in court. Carl Barkemeyer, criminal defense attorney has successfully defended many gun charges in the past and is here to help you defend your own and potentially attain a more ideal outcome that could include fewer penalties or none at all. Mr. Barkemeyer is extremely experienced when it comes to gun cases and knows how to fight the charges and potentially secure your freedom. If you are facing any gun charges in the Livingston Parish area, contact us at 225-964-6720 for immediate legal assistance.
H. Taylor - Baton Rouge, Louisiana
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