Ohio Weapons Charges Lawyer

Imagine being charged with a felony when you had no intention of committing a crime, and no knowledge that your actions could be considered unlawful. In Ohio, that is a real possibility when it comes to firearms. A seemingly minor deviation from concealed carry requirements, giving a gun to the wrong person, or being in the wrong place with a gun can get you charged with a crime in Ohio.

Some weapons charges are more serious than others, but there’s really no such thing as a “minor” weapons charge. Conviction on a misdemeanor can result in jail time and hundreds of dollars or more in fines. A felony can mean prison time, plus even thousands in fines.

But the real consequences of a weapons crime conviction go far beyond incarceration and fines. You could permanently lose the right to own or possess a firearm. You may find it difficult to get certain jobs, housing, or loans. You could even face the suspension or loss of your driver’s license or a professional license. And, of course, a conviction can do serious harm to your relationships and reputation.

With so much on the line, working with an experienced weapon charges lawyer is critical. Contact Wes Buchanan to get a strong defense from an Ohio weapons crime lawyer who understands what’s on the line and fights to protect your rights.

Ohio Firearms Defenses: Misdemeanors and Felonies

Depending on the circumstances, a weapons offense may be charged as a misdemeanor or a felony. Misdemeanors classified as minor do not involve jail time, but fourth-degree through first-degree misdemeanors carry potential sentences of up to 30 days (fourth-degree) to up to 180 days (first-degree) in jail.

Felonies are also classified by degree from fifth to first, with first-degree felonies being the most serious. The degree of a gun charge depends on the nature of the offense and whether there were any aggravating factors. As a trusted Ohio weapon charges lawyer, Wes Buchanan represents clients facing all types of firearms-related charges, including:

• Carrying a concealed weapon without a permit or in prohibited circumstances
• Improperly handling a firearm
• Improperly handling firearms in a motor vehicle
• Improper discharge of a firearm
• Illegal possession in a school safety zone or courthouse
• Firearm possession in prohibited locations (such as detention facilities or certain government buildings)
• Discharge of a firearm on or near prohibited premises
• Underage purchase or possession of a firearm
• Unlawful transactions in weapons
• Defacing identification on a firearm
• Possessing a defaced firearm
• Improper sale or transfer of a firearm

We also represent clients charged with:

• Federal firearms or weapons offenses
• Non-firearm weapons offenses (dangerous ordnance, possession of body armor while committing a violent offense, knives, brass knuckles, etc.)
• Weapons charges related to other criminal conduct (domestic violence, using a firearm to commit another crime, etc.)
• Status-based weapons charges or enhancements (possession while subject to a protection order, possession while under indictment, possession while intoxicated or impaired, etc.)

Weapons charges depend on facts, and a small fact can have a huge impact on the outcome of your case. These offenses are often “stacked,” sometimes piling a status offense and location or other enhancements on top of the primary weapons offense to increase the penalties you are facing.

An experienced weapons charge lawyer can help control the facts in evidence and shape the narrative of your case; that’s why it’s critical to begin working with a skilled defense attorney as soon as possible.

Enhancements in Ohio Firearms Cases

An enhancement is a fact pattern that makes your weapons case more serious. An enhancement may raise the degree of an offense, add mandatory time to your sentence, or trigger other penalties. Common enhancements include:

• A firearm specification, meaning a firearm was used or present while another crime was being committed. Firearms specifications require the court to impose mandatory, consecutive prison time.
• Prior convictions, especially for weapons-related or violent crimes
• Firearm was loaded
• Location-based enhancements (like having a firearm in a courthouse or school safety zone)

Some enhancements relate to the status of the person charged. You are considered “under disability” if you are:

• Subject to a protection order
• A fugitive from justice
• Under indictment for a violent felony or a drug felony
• On probation
• Prohibited from possessing a firearm by state or federal law
• Someone with a previous felony conviction for a violent crime
• Someone with a drug or alcohol dependency
• Someone who has been adjudicated mentally incompetent

Status enhancements can be among the most dangerous because intent doesn’t matter; just having a gun on or available to you when you are under disability can turn otherwise lawful behavior into a felony. If you are under disability, you may remain under disability in some cases until you successfully petition a court to remove the disability.

How a Weapons Charges Lawyer Helps

Wesley Buchanan, Esq. is committed to protecting your rights and your future. We don’t just see the charges against you; we see you. With an exclusive focus on criminal defense and years of experience in the courts of Northeast Ohio, our attorneys know how to identify weaknesses or overreaching in the prosecution’s case and challenge them so you can get back to your life.

Weapons charges are serious. We won’t sugarcoat the legal risks you are facing. But we will help develop a realistic plan for managing them. Our goal is a resolution that is favorable to you and as discreet as possible. We can often achieve that resolution without a trial. But if a trial is necessary to protect your rights, we are at home in the courtroom and prepared to fight for you.