Gun charges are among the most serious criminal offenses in Pennsylvania, but like many other accused crimes, some charges carry heavier penalties than others. If you are curious about whether you can get probation for a gun charge in PA, the best advice involves hiring an experienced team of defense attorneys. After reviewing your case, charges, past criminal history, and the circumstances under which you were arrested and charged, good criminal defense lawyers may be able to help you get your charges – and the associated penalties – reduced.
Types of Gun Charges and Penalties in PA
Gun charges can be misdemeanors or felonies depending on the nature of the accused crime. Misdemeanor charges in Pennsylvania include possession of a firearm by a prohibited person (a second-degree misdemeanor) and carrying a firearm without a valid license (a first-degree misdemeanor punishable by up to five years in prison).
While misdemeanors are serious and can carry serious outcomes, felony gun charges in PA are the most concerning, and there are several to be aware of.
Unlawful Possession of a Firearm
In Pennsylvania, there are certain people who are prohibited from owning or possessing firearms. These include convicted felons, those who have been committed to mental institutions, people who have drug-related convictions, and those who have active protection from abuse (PFA) orders against them.
Possible Penalties for Unlawful Possession of a Firearm
Though penalties can vary based on factors like your criminal history and the severity of the crime committed, the state may impose up to a seven-year prison sentence, a fine of up to $15,000, and the permanent loss of your firearm rights. Rarely, it may be possible to reduce the penalties to probation for this gun charge in PA, especially if it is a first-time offense.
Carrying a Firearm Without a License
Pennsylvania requires all persons carrying a concealed weapon to be licensed appropriately. Open carrying is legal in most of Pennsylvania, but it is prohibited in Philadelphia without a license to carry a firearm (LTCF).
Possible Penalties for Carrying a Firearm Without a License
Again, the penalties for this charge can vary based on the severity of the accused crime and your previous criminal history. First-time offenders may only serve probation for such a gun charge in PA, but others – particularly repeat offenders or those carrying a firearm without a license during the commission of a felony – may face up to seven years in prison, a third-degree felony charge, and fines up to $15,000.
Possession of Prohibited Weapons
Many types of weapons are banned across the entire state, and simply possessing one is a felony crime. These weapons include switchblade knives, brass knuckles, machine guns or fully automatic firearms, and sawed-off shotguns.
Possible Penalties for Possession of Prohibited Weapons
Penalties for possession of a prohibited weapon can be severe, carrying the same fines and prison sentences as carrying a firearm without a license or unlawful possession of a firearm. First-time offenders may receive probation for this gun charge in PA, while repeat offenders often see the harsher side of the penalties.
Illegal Transfer of Firearms
The illegal transfer of firearms refers to any transfer of a firearm that is not conducted through a state-licensed dealer. For example, even giving a firearm to a friend can lead to legal trouble, especially if that friend is not allowed to possess weapons. Furthermore, you cannot make “straw purchases,” or purchases of weapons from a state-licensed dealer on behalf of someone else.
Possible Penalties for Illegal Transfer of Firearms
If you are convicted of the illegal transfer of firearms at the state level, you can also face federal charges that come with a mandatory minimum prison sentence, depending on the situation, serious fines, and the loss of your right to carry a firearm.
Possible Defenses for Gun Charges in PA
Gun charges are quite serious across Pennsylvania, so if you have been accused of and charged with a gun crime – especially a felony – hiring an expert legal team to defend you is essential. There are two primary defenses attorneys will use to try to reduce the charges, hopefully reducing the penalties to probation for gun charges in PA.
Constitutional Rights Challenges
The most common defense for gun charges in PA involves proving an infringement on your Constitutional rights, especially the Fourth Amendment, which protects citizens from unlawful searches and seizures. Defense attorneys will often try to prove that police did not have a valid reason to conduct the search that led to the gun charge, which nullifies any evidence collected during that search.
No Intent
Another relatively common defense for gun charges in PA comes down to a lack of intent. If the search and seizure are deemed valid, defense attorneys may attempt to argue that you had no intent to commit a crime, thereby reducing the charges and the associated penalties. For example, if you were caught transporting an illegal firearm for someone else, but you had no idea it was illegal, you had no intent to commit a crime.
How a Felony Gun Conviction in PA Can Change Your Life
If you are convicted of a felony gun crime in Pennsylvania, there are life-long repercussions that can make everyday living difficult. For example, felony convictions lead to the permanent loss of your right to own a firearm, both in PA and anywhere else in the country. Furthermore, you may have extreme difficulty finding employment or housing with such a conviction on your record.
Will You Get Probation for a Gun Charge in PA? Hire a Team of Expert Attorneys
Getting probation for a gun charge in PA is possible, but only if you have the right team of legal experts to back you up. At Pagano Law, we work day and night, investigating your case, reading police reports, and poring over your background to find and deliver the best possible defense. Whether we succeed in having the charges against you dropped or reducing the charges and potential penalties, we work tirelessly to get you the results you want – and the results you expect. Contact us today to learn more.
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