attorney_benowits
DAVID CLARK
Criminal Defense Attorney

Elements of a Buck County Gun Charge

There are many elements that surround the process of proving a Bucks County gun charge in Pennsylvania. Without the proper guidance and counseling of gun charges, it can be harder for a person to navigate a case. Consult a Bucks County gun lawyer to ensure that you are prepared properly.

Proving a Gun Offense

To be convicted of a gun charge in Pennsylvania, the prosecution must prove beyond a reasonable doubt that the elements have set forth by the Pennsylvania crimes code have been met. A specific gun charge carries specific elements of a crime. The most common gun charge which is charged in Pennsylvania is violation of a uniform firearms act under section 6106 of the criminal crimes code. This makes it a felony of the third degree to possess a firearm without a license concealed on or about an individual’s person or within a motor vehicle.

Under the above circumstances, a person can face up to three and one half to seven years’ incarceration and a $15,000 fine. Additionally, an individual who is not authorized to have a firearm such as a convicted felon, a person that has been deemed mentally ill, or those with drug or alcohol problems. In this case, an individual can be charged under violation of a uniform firearms act such as 6105, which is graded as a felony of the second degree, and a person can face up to 10 years in jail and a $25,000 fine.

Unique Elements

Cities of the first class, like Philadelphia,  have additional gun charges. Under 6108, a misdemeanor of the first degree which is exclusive to Philadelphia only, a person can be charged additionally with a misdemeanor for having a firearm on the streets of Philadelphia without a license. While a license is not required for non-concealed firearms throughout the rest of the state, in Philadelphia, it is required.

Should a person have a firearm, even if not concealed on the streets of Philadelphia, they could face up to an additional two and one half to five years’ incarceration and a $5,000 fine. There are subsections of all gun charges in Pennsylvania which include enhancements or penalties for guns that are automatic. There are also certain attachments which are made for those firearms such as auto firing mechanism or silencers.

In those instances, firearms are charged as possessions of weapons or powers graded as a misdemeanor in the first degree and an additional five years and a $5,000 fine can potentially follow along those charges. Lastly, should a firearm have an obliterated serial number or be concealed in any non-physical way, a person can be charged individually as an additional felony of the second degree and face up to another 10 years in jail and a $25,000 fine. These are all circumstances that can incriminate a person, proving a Bucks County gun charge.

Reckless Endangerment

A person can be charged with simple assault, which reckless endangerment, and can go through crimes code of aggravated assault if reckless endangerment is involved. It is up to the person how much they want. If a person has a gun in Philly, it is a misdemeanor in the first degree, as long as it is not concealed then it is not a felony but if the person points it to someone, it is a simple assault and/or reckless endangerment. If the person fires it, then it is an aggravated assault or attempted murder depending on where it hits the individual.

Proving a Bucks County gun charge can be complicated. Call a lawyer to get knowledgeable information on your case.