WEAPON CHARGES
WEAPON CHARGE LAWYERS IN CHATTANOOGA
The right to keep and bear arms is a fundamental right for U.S. citizens but that right can be limited or removed completely in certain circumstances.
In Tennessee, some weapons are illegal to use and most are subject to stringent restrictions on how and where they may be used. Like it or not, the regulations are tight and this gets many people into trouble with the law.
If a weapon is used in the commission of another crime, the consequences may be even direr for you.
If you find yourself with a weapons charge, it’s not only your right to own or carry a weapon that may be infringed upon. You could go to jail or face a hefty fine or other forms of criminal punishment.
At Houston & Alexander in Chattanooga, our experienced weapon charge lawyers will work tirelessly to ensure that the impact of a weapon charge upon your future is minimized.
Possession of illegal firearm offenses in Chattanooga
Some firearms are flatly prohibited in the State of Tennessee. This is one of the easiest classifications of weapons offenses to understand.
Under the Tennessee Code (Annotated) §39-17-1302, no person in the state may knowingly possess, manufacture, or transport any of the following prohibited weapons:
- An explosive weapon
- A device designed to shoot an explosive weapon
- A machine gun (any firearm capable of shooting more than two shots automatically and by a single pull of a trigger without manual reloading)
- A short-barrel rifle (a barrel of fewer than 16 inches) or shotgun (with a barrel of fewer than 18 inches)
A conviction for the possession of any of these weapons is a felony and, as such, you can expect extremely harsh penalties (see below).
The law is quite straightforward but it should be recognized that intent is required with these offenses, i.e., a person must be aware that they possess the weapon.
If you are charged with this offense, it is important to contact one of our weapons charge lawyers as soon as possible to discuss your legal options and prevent any further legal difficulty.
How do you fight an illegal use of a firearm charge?
The illegal use of otherwise legal firearms is covered in Tennessee Code (Annotated) §39-17-1307. This states that it is illegal to carry a firearm with the “intent to go armed”.
Violating this law is classified as a Class C misdemeanor and the punishments are detailed below.
An experienced weapon charge attorney from Houston & Alexander can often fight this charge using one of the following defenses:
- The firearm was being used to hunt, fish, or sport shoot
- The weapon was unloaded and not concealed
- The owner had the necessary license to carry a handgun
If a firearm was used to commit a crime, for which the defendant is already charged, the charge becomes more serious. It is a Class C felony to use a firearm in the commission or attempted commission of a dangerous felony, such as murder, aggravated burglary or carjacking
In most cases, defending against weapon charges is a skilled area of criminal law that requires a full understanding of the relevant licensing issues as well as the ability to argue for an owner’s intent in using or possessing the firearm.
Our knowledge of Tennessee weapons laws can often assist in finding weaknesses in the prosecuting attorney’s case, which can ultimately work to your advantage.
Unlawful carrying or possession of a weapon
The unlawful possession of a weapon is a charge applied in Tennessee to carrying (“with intent to go”) a firearm, knife with a blade longer than four inches or a club.
This offense is regarded as a Class C misdemeanor unless it is a second or subsequent violation, which elevates the charge to a Class B misdemeanor and stiffer penalties.
A felony charge may result if you were carrying or possessed a firearm in a public place or if you are already a convicted felon.
Possession of a handgun under the influence
If you are caught simply in possession of a legal handgun while under the influence of drugs or alcohol in Tennessee, you can be charged with a Class A misdemeanor.
Like with a DUI charge, to achieve a conviction for this charge, the prosecution will need to prove beyond a reasonable doubt that you were impaired or intoxicated. This can often be challenged in court by a competent weapon charge lawyer.
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Looking for a weapon or firearm defense lawyer in Chattanooga, TN?
If you’ve been charged with a weapon or illegal firearms charge, it is in your best interest to consult with an experienced attorney immediately.
Call (423) 267-6715 or request a free case evaluation today.
Weapon charge penalties in Chattanooga, TN
Penalties for weapons charges in Tennessee vary greatly depending on the nature of the crime and your past criminal history. But most are severe.
Most simple firearms offenses are misdemeanors, with a maximum punishment of one year in jail and a $2,500 fine for a Class A misdemeanor. A good lawyer will ensure that first offenders escape these harshest of punishments,
The most serious weapons charges like possession of a sawed-off shotgun or rifle are Class E felonies or higher, punishable by between one and six years in prison and a fine of up to $3,000. There may be additional penalties for underlying crimes.
Other examples of penalties include:
- Possession of an explosive or explosive weapon: 8-30 years in prison
- Possession of a switchblade knife: up to one year in jail
- Illegal use of firearm: up to 30 days in jail and fines up to $500
Investigations into offenses like these frequently involve federal agents and undercover officers, often using elaborate means to detect illegal activity.
If you are convicted of a federal drug charge, you can expect severe penalties that go beyond the penalties for state drug crimes.
The nature of these penalties varies greatly depending on the type of drug seized (drugs are divided into five Schedules in Tennessee) as well as the amount involved, the location of the seizure, and your criminal record.
Typically, penalties for a federal drug conviction include:
- Imprisonment of more than ten years
- Fines
- Probation
- Loss of benefits
A federal charge may also result in other penalties as a convicted felon, including the loss of the right to vote and to own a firearm.
If you face federal criminal charges, it is in your best interest to consult with an experienced attorney immediately.
Get in touch with us at Houston & Alexander, PLLC at any time. Call (423) 267-6715 to get your weapons charge questions answered or request a free case evaluation.
Penalties for drug offenses
Drug crimes comprise a broad range of offenses which, in turn, incur a wide variety of sentences.
In the case of marijuana charges, for instance, a first-time offense for a small amount for personal use is a Class A misdemeanor.
A Class A misdemeanor can result in one year in jail and fines up to $2,500. However, it may not result in a criminal record if your lawyer can present a strong case to the court.
Distribution of over half an ounce of marijuana, on the other hand, can result in a felony conviction and harsher penalties.
If you have previous drug offenses on your record, you are likely to face more serious penalties too. A marijuana possession repeat offense or possession of heroin, cocaine, or any other serious drug for a second time will mean you face Class E felony charges.
If convicted, you could face between one and six years in prison and fines up to $5,000.
Who cannot own a firearm in Tennessee?
Certain classes of people in Tennessee are forbidden by law to own or possess a firearm.
In particular, this includes anyone who:
- Has been convicted of a felony crime of violence, an attempt to commit a felony crime of violence or a felony involving the use of a deadly weapon
- Has been convicted of a misdemeanor crime of domestic violence
- Is subject to an order of protection or prohibited from possessing a firearm under any other state or federal law
- Is under 18 years of age
Protect Your Firearm Rights: Call Houston & Alexander, PLLC
A criminal conviction in Tennessee can affect your life forever. The experienced weapon charge attorneys at Houston & Alexander, PLLC will protect your rights and freedoms and reduce the impact on your future.
Call us at our Chattanooga office today at (423) 267-6715 or contact us online.
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Houston & Alexander, PLLC, in Chattanooga, TN can be reached at 423-267-6715 .
