Building a Mecklenburg County Gun Defense

The best strategy for building a Mecklenburg County gun defense differs from case to case, depending on the underlying facts. An effective defense may include challenging the nature of the possession, questioning the nature of the item alleged to be a gun, or asserting the defendant’s legal right to own or possess the gun. A defense will also be dependent on the specific allegations made against the defendant. Each trial presents its own challenges, but an experienced gun lawyer could fight against your charges and protect your rights.

How the Prosecution Builds its Case

In criminal cases, the burden of proof resides on the prosecution. The elements that the prosecution must prove to gain a conviction on a gun charge depend on the specific offense. For instance, if a defendant is charged with possession of a firearm after having been convicted of a violent felony, the prosecution must prove beyond a reasonable doubt that:

  1. The defendant is the person who was involved in the incident,
  2. The defendant actually had possession or constructive possession of the firearm, and
  3. The defendant has been convicted of a violent felony.

Every gun charge will have its own core elements, and the prosecution must prove each of them to obtain a conviction.

A defense lawyer’s refutation to the prosecution’s evidence will depend on the specific facts of each case. An attorney’s preparation for trial could include a close review of the evidence the prosecution attempts to present, details of the specific defendant, and an examination of whether the prosecution can prove beyond a reasonable doubt each element of the alleged crime.

Second Amendment Concerns

The Second Amendment to the Constitution grants all United States citizen’s the right to bear arms, but many laws nonetheless restrict gun ownership and possession. Criminal conduct can negate the right to arms and render the Second Amendment insufficient as a defense against gun charges. For instance, if someone has been convicted of a felony, they are usually forbidden from owning firearms.

Other constitutional concerns may arise during a firearms case, including the Fourth Amendment right against unreasonable searches and seizures and the Fifth and Sixth Amendments, which cover the right to an attorney and the right not to incriminate oneself. When building a Mecklenburg County gun defense, an accomplished attorney will investigate all aspects of the case to determine if the defendant had their constitutional rights violated.

What is the Functional Definition of a Gun in Mecklenburg County?

The functional definition of a gun in Mecklenburg County is a device designed to propel a projectile through the use of combustion. That definition can be called into question during a trial, depending on the nature of the item that the prosecution alleges is a firearm. A defense attorney may analyze the nature of the allegedly possessed gun in a firearms case and determine whether it qualifies under the state definition of a firearm.

Hire an Attorney to Build a Mecklenburg County Firearm Defense

If you have been charged with a firearm offense, you should contact a skilled defense lawyer as soon as possible. An experienced attorney could help you with building a Mecklenburg County gun defense. A lawyer could assess all the facts of the case to determine which defense strategy may be best for your situation. Fight for your rights. Call a dedicated legal professional today.

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