Abogados de Gun Crimes

Gun Crimes Defense Lawyers in the United States

Gun crimes carry some of the harshest penalties in the federal and state court systems. A conviction can mean years in prison, lifetime firearm bans, and a permanent criminal record. Having a skilled defense attorney can mean the difference between incarceration and freedom.

What Gun Crimes Law Covers

Firearms offenses span a wide range of charges at both the state and federal level. Common charges include illegal possession of a firearm, carrying a concealed weapon without a permit, possession by a convicted felon, illegal sale or trafficking of firearms, and brandishing or discharging a weapon unlawfully.

Federal charges often involve violations of the National Firearms Act or the Gun Control Act. These include possessing unregistered short-barreled rifles, silencers, or machine guns. Straw purchases — buying a gun on behalf of someone who cannot legally own one — also fall under federal jurisdiction and carry penalties of up to 10 years in prison.

When to Hire a Gun Crimes Lawyer

• You have been arrested or charged with illegal possession of a firearm
• Law enforcement seized your weapons during a search and you believe your Fourth Amendment rights were violated
• You are facing federal firearms trafficking or straw purchase allegations
• You are a convicted felon accused of possessing a weapon
• You used a firearm in self-defense and now face criminal charges

How the Defense Process Works

After arrest, your attorney will review the circumstances of the stop, search, and seizure. Illegal searches account for a significant number of successful defense motions — roughly 11% of federal suppression motions result in evidence being thrown out entirely.

Your lawyer will examine whether law enforcement had probable cause, whether Miranda warnings were properly given, and whether any statements you made can be challenged. Plea negotiations happen in the majority of gun cases. About 90% of federal criminal cases resolve through plea agreements rather than trial.

If the case goes to trial, the prosecution must prove every element of the charge beyond a reasonable doubt. Your attorney will challenge witness credibility, forensic evidence, and the chain of custody for any seized weapons.

How Sentencing and Outcomes Are Determined

• Mandatory minimums apply to many federal gun crimes — for example, using a firearm during a drug trafficking crime carries a minimum five-year consecutive sentence under 18 U.S.C. § 924(c)
• Prior criminal history significantly increases sentencing ranges under federal guidelines
• State penalties vary widely, with some jurisdictions imposing three-year minimums for illegal concealed carry and others treating it as a misdemeanor
• Aggravating factors like firing the weapon, injuring someone, or possessing the gun near a school zone increase penalties substantially
• Successful defense outcomes can include full dismissal, reduced charges, probation instead of prison time, or restoration of gun rights

Frequently Asked Questions

Can a felony gun charge be reduced to a misdemeanor?

Yes, in many cases. Through plea negotiations, a defense attorney may secure a reduction to a lesser charge such as unlawful possession of a weapon as a misdemeanor. The likelihood depends on your criminal history, the specific facts of the case, and the jurisdiction.

What happens if police found the gun during an illegal search?

If your attorney can prove the search violated your constitutional rights, the weapon may be excluded as evidence through a motion to suppress. Without the gun as evidence, prosecutors often have no choice but to drop or significantly reduce the charges.