Are you someone who has been stripped of their Second Amendment right to bear arms, facing criminal charges for a weapons offense in Ohio? If so, you are not just facing a legal battle, you are facing an attack on your freedom, principles, and values. But you are not alone. Our Cleveland weapons charge lawyer is here to provide unwavering support and the aggressive representation you need to fight back.
At Botnick Law Firm in Cleveland, we understand that facing weapons charges can be a terrifying and overwhelming experience. A conviction can result in severe penalties, including jail time, fines, and a permanent criminal record. It can tarnish your reputation and negatively impact your job prospects, relationships, and future. But we are here to help you fight for your rights and defend your freedom.
Don’t let a weapon’s charge destroy your life and your future. Contact us today to schedule a consultation and learn more about how we can help you fight back against these baseless and unfair allegations. Your freedom and your rights are worth fighting for.
Weapons charges in Ohio cover a range of offenses related to possessing, buying, or using firearms. In Ohio, individuals over 18 years old can purchase rifles or shotguns, and those over 21 years old can purchase handguns from a retail store.
However, conditions must be met, such as being an Ohio resident or employed by an Ohio-based company and consenting to a background check. People with disabilities, such as felony records, drug or alcohol addiction, or mental incompetence, cannot legally own a gun in Ohio.
Improperly possessing, carrying, or using a firearm can lead to misdemeanor or felony charges in state or federal court. The consequences can include jail or prison time, fines, fees, and loss of the right to own a gun or vote.
Here are some common weapons offenses in Ohio, their classifications, and penalties under Ohio weapons law.
| Types of Weapon Offenses | Classification | Penalties |
| Carrying concealed weapons | Misdemeanor 1st degree or
Felony 4th degree |
|
| Improper handling of a firearm | Misdemeanor 1st degree or Felony 4th degree |
|
| Possession of a defaced firearm | Misdemeanor 1st degree |
|
| Unlawful possession of a dangerous ordnance | Felony 5th degree |
|
| Possession of a firearm by a felon | Felony 3rd degree |
|
| Using a weapon while intoxicated | Misdemeanor 1st degree |
|
| Discharge of a firearm on or near prohibited premises | Misdemeanor 1st degree or Felony 4th degree |
|
| Improperly discharging a firearm at or into a habitation or school | Felony 2nd degree |
|
| Unlawful transaction in weapons | Misdemeanor 1st degree or Felony 4th degree |
|
Ohio has specific laws and regulations governing firearms possession, purchase, and use. Violating these laws can lead to serious legal consequences, including jail or prison time and loss of gun ownership rights.
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There are many potential defenses to weapons charges in Cleveland.
Your criminal defense attorney will carefully research the details of your case to determine if the following arguments can be made:
If you are facing gun charges in Cleveland, you must understand that you have legal rights and options for defending yourself. With the help of a skilled criminal defense lawyer, you can explore various defenses that may apply to your case.
Whether you were acting in self-defense, falsely accused, or had no intent to harm someone, your attorney can work to build a strong defense tailored to your situation.
When facing criminal charges, your attorney’s primary goal is to protect your rights and defend you against the allegations. This means that your attorney will carefully review the evidence and identify any potential defenses that they can use to challenge the prosecution’s case against you.
If there are constitutional violations, such as an unlawful search and seizure or coerced confession, your attorney will work to have the evidence suppressed or the criminal charges dismissed. In addition, your attorney will ensure that your rights are protected throughout the criminal process, including during any interrogations, plea negotiations, and court proceedings.
Ultimately, your attorney aims to ensure you receive a fair and just outcome in your criminal case. By protecting your rights and fighting for your best interests, they can help you navigate the complex and often stressful criminal justice system.
A weapons charge on your criminal background can negatively impact you in several ways. A conviction of either a misdemeanor or a felony can impact your freedom and finances through incarceration, required probation, and court fines and fees.
A felony conviction will appear on criminal background checks, impairing your ability to purchase firearms or to vote. It can also make it difficult for you to find a job or secure housing, as potential employers and landlords also have access to criminal background checks.
Let our Cleveland weapons charges lawyer help you understand your legal options and provide answers to the questions you have about your case. Contact us for a free case evaluation today.
Facing weapons charges? Worried about what the criminal process will look like? If you are unsure what to do next and need help navigating the Ohio weapons laws, call us now to get the help you deserve. An experienced Cleveland weapons charge lawyer at The Botnick Law Firm can help get you through this. Contact us today for a FREE consultation.
The process to charge someone that’s been accused of a crime begins with an arrest. If the police have reason to believe that someone has committed a crime, the accused can be taken into custody. Police will usually start by asking basic questions like name and address to identify a person, and then they’ll often pivot to more specific questions related to the incident. At some point during this, you should have been read your “Miranda warnings.”
You have the right to remain silent to avoid disclosing evidence that could potentially be self-incriminating, as well as the right to an attorney to defend you in court. Those are your unwavering rights that must be recited upon taking someone into custody. Take note of when these rights are read to you, as it could be helpful information for your attorney.
When you’ve been taken down to the station, police will fingerprint you and get your photograph to update their records. Once this is done, you should be granted the opportunity to contact your criminal defense lawyer. If you don’t have a lawyer, get a loved one to book a consultation with a lawyer on your behalf. It’s important that you do NOT disclose any details about your case over the phone with your loved ones, as those calls are monitored.
After you’ve made it through the booking process, the police may begin conducting their investigation with you. Depending on the situation, this might include a personal search, collecting samples, interviewing/interrogating, police lineups, etc.
You’ll be held at the station until you can be brought before a judge. The initial court appearance will happen within 48 hours or less of the arrest. Here, the judge will review the case and decide if there’s any reason to keep you in holding or if bail can be granted. If bail is granted, you’re allowed to be released upon certain conditions.
Depending on the seriousness of your allegations, you may have a preliminary hearing at which a judge can determine whether enough evidence exists to charge you with that level of crime. You’ll be able to plead “guilty” or “not guilty.” If you plead not guilty, your case will be sent to trial. You may get the opportunity to enter a plea deal. That’s something your attorney will advise you on.
In the discovery stage, the case against you is made much more transparent. The prosecutor will share the evidence they have against you with your defense attorney. During this time, your attorney can make additional requests for evidence if need be. All of the evidence on the table will be considered, and your lawyer will work with you to form the best plan for your defense.
If a plea deal is unable to be reached, the case will enter trial. During the trial, the prosecutor begins by presenting the case to the jury. They share any evidence they have against you and have witnesses make their statements for the prosecution. This can be tough to sit through. Afterward, it’s your lawyer’s turn to take the stands and share your side of the story. Your lawyer can question the prosecutor’s witnesses and all of the evidence that was used against you. There are many different strategies that your lawyer will use to defend you during the trial.
In a best-case scenario, you will have been found not guilty by the end of the trial, and the charges against you have been dropped. If you are found guilty, the judge must determine what your sentence/penalties will be. The sentencing will happen at another hearing, usually a few weeks after your trial ends.
Being charged with possession of a gun is not generally a violent crime. If someone were to threaten someone with a gun or even go so far as to pull the trigger, then that would be considered violent.
Any weapons charge has the potential to have a serious impact on your criminal record. The most serious charges include firearms trafficking and violent crimes involving weapons.
In the State of Ohio, carrying a concealed weapon can either be a misdemeanor or a felony, depending on the particular circumstances. You could be charged with a misdemeanor if you do not have a license. If the gun was loaded or ammunition found within reach, you could be charged with a felony.
We have successfully represented clients across Northern Ohio. If you are facing criminal charges, we can help you too. Don’t delay. The district attorney is building their case against you right now.
The Prosecutor will not take your charges lightly — Will you?
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