Have you been arrested on weapons charges in Dayton, OH? Contact the experienced Dayton criminal defense lawyers at (937) 531-0435 for immediate assistance. We know that your future is on the line. That’s why we’ll do everything we can to protect it.
Give us a call or reach out to us online to schedule a free initial consultation. Our team can review your case, explain your rights, and address any questions you might have.
Why You Should Hire One of Our Experienced Attorneys to Defend You Against Your Weapons Charges
Being arrested on weapons charges in the state of Ohio can be scary. From the confiscation of your gun to the interview with law enforcement, every step in the process is more daunting than the last.
While you are in police custody, you may also worry about how your arrest will impact the rest of your life. Will you end up spending some time in prison? Will you be banned from owning a firearm for the foreseeable future?
Though the prospect of these penalties can be worrying, it is important to remember that the prosecution must successfully convict you before you can be punished. It is in your best interest to make their job as difficult as possible. Hiring an attorney with extensive experience handling criminal defense cases can make a huge difference.
The experienced criminal defense lawyers at Suhre & Associates, LLC have been fighting on behalf of the people of Dayton for years. We would love to do the same for you. When you hire us to represent you, we will:
Guide You Through the Legal Process
The Ohio legal system can be quite confusing – and you are unlikely to receive any assistance or guidance from the prosecution. If you wish to successfully navigate your way through it, you will need the help of an experienced lawyer.
The attorneys at our Dayton law firm have been working within the criminal justice system for years. When you hire us, we will use our skill and experience to ensure that you make it to the other side of the process as seamlessly as possible.
Negotiate with the Prosecution on Your Behalf
If the prosecuting attorney approaches you with a plea bargain that seems attractive, your first instinct may be to accept it as quickly as possible. Before you do, however, it is worth finding out if the deal can be improved upon. To do so, you will need the help of a skilled negotiator.
The attorneys at Suhre & Associates, LLC pride themselves on their ability to negotiate with prosecuting attorneys. When we represent you, we will do everything in our power to get you the best possible deal.
Represent You in Court
If the prosecution isn’t willing to offer a fair plea bargain, your case will almost certainly end up in front of a judge. The ensuing trial will determine whether or not you are guilty of a crime as well as how you should be punished. If you wish to give yourself the best possible chance of succeeding in court, you will need an experienced attorney representing you.
Having worked on countless criminal defense cases in the past, our lawyers understand how to make an effective argument to a judge and jury. With our team on your side, you can be confident that you will receive a fair and just hearing.
If you would like to enlist the help of one of our knowledgeable criminal defense attorneys, please do not hesitate to reach out to us. We would be happy to arrange a free consultation to discuss your case in greater detail and take the first steps toward forming a strong attorney-client relationship.
Understanding the Right and Responsibilities of Ohio Gun Owners
The right of Americans to “keep and bear arms” is protected under federal law by the Second Amendment of the Constitution of the United States. Residents of the Buckeye State receive further protection from the Ohio Constitution, which states that “the people have the right to bear arms for their defense and security.”
Of course, the rights bestowed by these governing documents are not absolute. You must still follow state laws in Ohio when purchasing, owning, and carrying a firearm.
Purchasing and Owning a Gun in Ohio
The state of Ohio does not require residents to obtain a permit to buy or own a legal firearm. However, before you can purchase a gun, the state gun laws do require that you:
- Provide a state-issued ID or an alternative proof of address to show that you are a resident of the state.
- Be at least 18 years old if you wish to purchase a shotgun or rifle.
- Be at least 21 years old if you wish to purchase a handgun.
- Submit to a criminal background check.
Once your purchase has been finalized, you will automatically have the right to carry your new firearm openly in the state of Ohio. If you wish to carry your gun under your jacket or in a purse, you will need to obtain a concealed carry permit.
Ohio Concealed Carry Regulations
If you wish to carry a gun in a way that is not visible to the naked eye, you will need to get a concealed carry permit. To obtain such a permit, you must:
- Attend and complete firearms safety training with a certified instructor. The course generally involves range training, competency training, and a written test.
- Not have been dishonorably discharged from any branch of the United States Armed Forces.
- Not be the subject of a restraining order.
- Be a citizen or lawful permanent resident of the United States.
- Not be addicted to any controlled substances.
- Not be addicted to alcohol.
- Not have been denied a permit in any other state.
If you meet all of the criteria, you will generally receive your permit by mail within 45 days of your application. Your permit allows you to carry a concealed weapon in the state of Ohio as well as any state that has “substantially similar” regulations.
Common Types of Weapons Charges in the State of Ohio
When Ohio gun owners step outside of their rights or fail to adhere to their responsibilities, the state may charge them with a crime. Some of the most commonly charged weapons offenses in the state include:
Unlawfully Carrying a Concealed Weapon
Section 2923.12 of the Ohio Revised Code states that it is illegal to carry a concealed firearm without a permit. Those who do so may be charged with unlawfully carrying a concealed weapon and face a fine of up to $5,000 and/or up to 18 months in prison.
Individuals who have a valid permit may also be charged with this offense if they:
- Fail to inform an officer about their concealed weapon and permit.
- Fail to comply with a lawful order from an officer.
- Touch their firearm without being instructed to do so by an officer.
It doesn’t matter if you have a loaded handgun or a weapon with no ammunition. The charge remains the same.
Using a Weapon While Intoxicated
Section 2923.15 of the Ohio Revised Code explains that anyone who carries or uses a firearm while under the influence of drugs or alcohol may be charged with this offense. Those who are convicted of this crime may face a fine of up to $1,000 and/or up to 180 days in jail.
Improperly Discharging a Firearm
Section 2923.161 of the Ohio Revised Code prohibits the discharge of a firearm:
- In an occupied residence.
- In a school safety zone.
- Within 1,000 feet of school premises.
Individuals who violate this law may face up to eight years in prison.
Illegal Possession of a Firearm in a School Safety Zone
Section 2923.122 of the Ohio Revised Code states that anyone who brings a deadly weapon or item that is indistinguishable from a deadly weapon into a school safety zone may be charged with this offense. This crime is punishable by a fine of up to $2,500 and/or up to one year in jail.
If you have been charged with any of these offenses, the team at Suhre & Associates, LLC is always available to help with your defense. To set up a free consultation with one of our experienced Dayton criminal defense lawyers, just pick up the phone and give us a call.
Penalties for Firearms Convictions in Ohio
In the state of Ohio, fines and jail/prison time are the most common penalties for firearms convictions. However, there are also a number of collateral punishments that tend to accompany weapons convictions, such as:
- Bans on future firearms purchases and ownership
- The loss of a job
- The loss of child custody
- The revocation of a professional handgun license or other firearm license
- Difficulty passing a background check, and
- Immigration issues.
Penalties might be aggravated if you’re caught with a weapon when you’re arrested by law enforcement officers for a drug offense.
Your best chance of avoiding these penalties is by having an experienced criminal defense lawyer represent you throughout your case. Fortunately, you can find plenty of those right here at Suhre & Associates, LLC in Dayton, OH. Contact us today to learn more about how we can help you with your case.
Defenses to Ohio Weapons Charges
With the right defense strategy, a weapons charge does not necessarily have to lead to a conviction. Some of the most effective defenses in cases involving a firearm include:
Under Ohio law, an inoperable gun cannot be classified as a deadly weapon. As such, if you are arrested for carrying a concealed inoperable firearm without a permit, your attorney will almost certainly be able to get the charges dropped by proving that the weapon does not work.
When investigating, arresting, and prosecuting you on a weapons charge, the state must not violate your constitutional rights. If they do, your lawyer may be able to have some evidence thrown out. If that evidence was central to the prosecution’s case, your charge may be dropped entirely soon after.
Improperly discharging a firearm in an occupied house is a serious crime. However, if you were the victim of a domestic violence incident or were otherwise acting in self-defense, your attorney may be able to show that your use of the weapon was justified. In such a case, your charges are likely to be dismissed.
Call Our Dayton Weapons Charges Attorneys For Help Today
If you need a Dayton criminal defense attorney to help you fight back against your weapons charge, look no further than the experts at Suhre & Associates, LLC. Our knowledge of the law and experience in the industry makes us the perfect firm for anyone facing criminal prosecution. Give us a call today to learn more about our services and set up a consultation with one of our skilled lawyers.