4 Elements A Criminal Defense Attorney Will Use To Defend You Against A Weapon Crime Charge

Weapon crime accusations can frighten anyone. You could face harsh penalties, including jail time and steep fines if convicted of this crime. However, if you have a good criminal defense attorney on your side, you may have a better chance of avoiding a conviction. There are several elements that these lawyers will use to defend you against a weapon crime charge. In this article, you'll learn about four of them.

Lack of Intent 

You could be carrying a weapon for several reasons that have nothing to do with criminal intent. Perhaps you were moving and didn't have time to unpack all your belongings or forgot the weapon was in your bag. If the police can't prove that you meant to use the weapon criminally, they shouldn't charge you with a crime.

A criminal defense attorney will work tirelessly to prove that you didn't have criminal intent. They'll investigate the circumstances surrounding your arrest and look for any holes in the prosecution's case. They'll also gather evidence that supports your claim and present it in court.

Necessity

In some cases, it may be necessary to use a weapon to prevent greater harm. For example, if you were being attacked and used a knife to defend yourself, your actions shouldn't be criminalized. A criminal defense attorney will argue that you only used the weapon because it was necessary to prevent harm from coming to you. They'll also bring witnesses to corroborate your story and character witnesses to show that you're not a violent person who would unnecessarily use a weapon.

Self-Defense

If you were being threatened or attacked and used a weapon to defend yourself, you can use this argument to explain your actions. It's natural to want to protect yourself, and a jury may understand this argument. A criminal defense attorney will prove that you were in danger and needed to use a weapon to protect yourself.

Mistaken Identity

This defense can be used when the police arrest you wrongly. Someone else may have been the one who committed the crime, but because of some similarities between you and the real criminal, the police might arrest you. If there is some evidence showing that you were not the one who committed the crime, a criminal defense attorney will use this argument to get you off the hook.

If you are facing a weapon crime charge, it is important to have a good criminal defense attorney in your corner. There are several elements that they will use to defend you against the charge and help you to avoid a conviction. Contact a criminal defense attorney today to discuss your case and learn more about your options.


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