Will I Go to Jail for Weapons Charges in North Carolina?
By KevinMarcilliat, In Criminal DefenseCriminal Justice, 0 CommentsAt Marcilliat & Mills PLLC, our criminal defense attorneys in Raleigh know the importance of protecting our North Carolina residents’ right to keep and bear arms as afforded by the Second Amendment of the United States Constitution.
Our Wake County defense lawyers also know that simply because that right is guaranteed, both state and federal laws regulate the ways Americans purchase, possess, sell, and distribute firearms.
Since nearly all weapons charges are classified as felonies in North Carolina, violating the gun laws here can carry the severe penalty of a minimum jail sentence of 15 years to life.
If you have been charged with violating North Carolina gun laws, contact our leading criminal defense lawyers in Raleigh today to learn more about how our law firm produces real results for our clients.
What are the Most Common Gun Crime Charges in North Carolina?
Our North Carolina gun laws require that non-citizens, minors, convicted felons, individuals who were convicted of a domestic violence crime or are the subject of a restraining order, or who lack the capacity to stand trial in a criminal court are bound by significant gun possession restrictions.
North Carolina residents who do not fall into the restricted categories, and are responsible gun owners, may still face unlawful possession charges simply for not knowing the law. That can include charges for:
- Carrying a Concealed Weapon
North Carolina residents with a properly concealed carry license may legally carry a concealed firearm or other weapons. However, the act of carrying a concealed weapon without the proper permit is a Class 2 misdemeanor and can result in 30-60 days in jail if convicted.
- Carrying a Gun in a Prohibited Place Without a Permit
Even with the proper permit, it is not legal to carry a gun just anywhere in North Carolina. For instance, carrying a gun in a place where alcoholic beverages are sold and consumed is a Class 1 misdemeanor.
Possessing a firearm in a school zone is a Class I felony and can result in significant jail time if convicted.
- Unlawful Discharge of a Firearm
In North Carolina, depending on the circumstances, unlawfully discharging a firearm can result in Class D, E, or F felony conviction.
An unlawful discharge of a firearm charge applies when the individual attempts to discharge or discharges a gun:
- Within city limits
- Within a building, structure, or vehicle
- Toward another group outside of an enclosure
- As part of criminal gang activity
- Toward another person
If you have been charged with a felony for weapons possession or use in North Carolina, our Raleigh criminal defense attorneys can help you pursue the best outcome for your unique legal circumstances.
- Assault with a Deadly Weapon
Assault with a deadly weapon occurs when the defendant assaults another person with a deadly weapon with the intent to kill.
Assault with a deadly weapon is one of the most serious gun-related criminal charges in North Carolina and can be classified as Class C or Class D felonies that are accompanied by potential jail time ranging from 38 to 231 months.
Prosecutors will often seek the most severe consequences for weapons charges in North Carolina, so it is important that you do not make a statement to the police or the prosecutor before or after your arrest.
You have the right to remain silent and the right to consult with an attorney. To ensure your rights are protected, invoke your rights, and contact our leading Raleigh criminal defense attorneys today for help.
Contact Our Experienced Gun Crimes Defense Lawyers in Raleigh, North Carolina Today
If you have been charged with a gun crime in North Carolina, contact our skilled criminal defense attorneys in North Carolina at the Marcilliat & Mills PLLC today by calling (919) 838-6643 or contact us online to schedule a free consultation to learn how we can empower you to take a stand and pursue the best outcome for your unique legal circumstances.