The use of firearms or weapons in the state of Louisiana or the United States of America has laws backing them on how they should be used, where they should and shouldn’t be used, who can use them and who can’t use them. Owning some weapons such as guns or daggers are considered in the law in the US. However, it is important to know that owning any kind of weapon comes with its own responsibility and any slip up would have you answering to the law.
No matter what the weapons are, they cannot be used for just any purpose or any reason at just any time and failure to follow the rules and regulations can lead to fines and prison sentences. Whenever a deadly weapon is used in a crime or any illegal activity, they have harsher penalties administered to the offender. If the victim of a crime where an illegal weapon was used dies or sustains a serious bodily injury, charged such as murder or homicide can be faced by the defendant and these crimes are heavily prosecuted by the state of Louisiana.
Section 14.94 in the Louisiana constitution states that the use of illegal weapons or other instruments either intentional or by negligence is punishable. This status goes further to define the use of firearms in various forms and the penalties attached to them. Some of these include the throwing, keeping or use of items which could lead to the death of another individual or cause serious bodily harm which could, in turn, lead to their death.
People facing charges for the illegal use of any of these weapons as well as dangerous instruments have a higher chance of facing penalties. These fines could be no more than 1000 dollars and a prison sentence of nothing more than two years. In some cases, individuals could get both. Individuals on an offender's first conviction would face more than two years as they can face up to five to seven years in prison without any benefit of probation or even suspension of a sentence.
Those who have been accused of committing any crime while using a weapon illegally from a car to a public street or even a high way with the intention of injuring, harming or even frightening another human being would also be met with harsh consequences as well. These penalties could result in 5 to 10 years. If an individual is facing a murder charge, they could also face some more criminal charges due to the illegal use of any weapon.
Due to this reason, a defendant has a chance of facing more than one harsh penalty as the case may be. This makes it even more important to hire a criminal defense attorney to represent you in the court of law in order to get you an acquittal or even reduction of sentences. The need for a good criminal defense attorney cannot be overemphasized at this point and choosing to defend yourself is not the best line of action to take.
When a person commits the crime of using a weapon or any dangerous instrumentalities illegally shell to be faced with a fine not more than a thousand dollars and can get a period of jail time which is usually two years with or without hard labor, in some cases they can get both.
However, on a second conviction and thereon after, the offender shall have more prison time and with hard labor for a period of nothing less than five years and nothing more than seven years with having the benefit of suspension or probation.
When a second offense or more is committed more than five years after the time of the last offense, the defender would then be tried again as if it was their first offense. The sentence a person gets would be the very same as the one they got in their first conviction.
An individual who commits the crime of using a weapon illegally by discharging a firearm from a vehicle in a public area or highway when aiming to hurt or frighten a person shall also be imprisoned with hard labor for a period of nothing less than five years and nothing more than 10 years still without benefits of probation or suspension of their sentence.
An individual who commits a crime of using a weapon illegally by firing it in an attempt to intimidate another person to perform any act of violence or any illegal activity shall also be imprisoned with a sentence of nothing more than 20 years and nothing less than 10 years without the benefits of parole, suspension, probation, etc.
In a situation, the firearm is a machine gun and it has been equipped with a muffler or a silencer, the offender would also be charged to court and would face a prison sentence of nothing more than 30 years and nothing less than 20 years without parole, probation or suspension benefits.
For a second and following conviction, the offender shall be in prison for nothing less than 20 years with the same conditions as mentioned above
Upon a second or subsequent conviction, the offender shall be sentenced to imprisonment for not less than 20 years. And unpin the second and following convictions of the illegal use of a machine gun or a firearm which has a muffler or silencer, such offender can be imprisoned for life.
Hiring a good criminal defense attorney if you or your loved one is facing the charge of illegal carrying and using of weapons can contact Carl Barkemeyer for experienced representation in the law court. Our attorneys here have defended lots of people in the illegal use of weapons crime cases and so much more in Shreveport and entire Louisiana.
It is best to contact us as soon as you have been arrested or charged so we can begin working on your case as soon as possible as time is a luxury in cases like this. Contact us today.
H. Taylor - Baton Rouge, Louisiana