In Bucks County, the possession of a firearm or the use of a firearm a crime can carry severe penalties. These penalties involving firearms can be charged as felonies of the third degree, which carry a maximum penalty of three and half to seven years incarceration and a $15,000 fine. They can also be charged as two felonies of a second degree, which carry maximum sentences of five to 10 years and a $25,000 fine. When dealing with penalty enhancements involving firearms in Bucks County, sentencing guidelines take into account crimes that are committed with firearms, and enhancements can raise the potential consequences that a person would face with solely a gun possession charge.
Should a person be convicted of a felony in the first degree and a firearm was possessed during such a felony, then the sentencing guidelines add an additional two years of either incarceration or supervision. Additionally, should a person be convicted of the same charge of the first-degree felony, and it is determined by the courts that a deadly weapon or firearm was used during the event, the person can see up to 48 months of enhanced sentences and fines that can rise up to an additional $25,000. A qualified Bucks County gun lawyer is knowledgeable on matters of penalty enhancements and gun charges.
Any criminal charge in the Commonwealth of Pennsylvania may also carry an enhanced sentence when the use of a firearm is present. In most cases, it is the most severe crimes, crimes that are charged at the highest degree felonies of the first degree, that allows the greatest amount of penalty enhancement involving a firearm to a sentence.
Penalty enhancements involving firearms in Bucks County are given to a court for discretionary purposes when determining a sentence for a convicted individual involving a firearm. During this offense, if a person possesses a firearm and commits a felony in the first degree, the person can face up to an additional two-year enhancement. If the person actually used the firearm, the person can face up to 48 months or four years additionally for use of a firearm during a crime.
In Pennsylvania, there is no specific aggregate of sentencing for an unregistered firearm. Whether a firearm is registered or not registered is not a factor when deciding a sentence set by the Pennsylvania sentencing commission. However, individual courts and knowledge of local district justices and prosecutors can influence the sentence.
A prosecutor may seek a greater sentence for a firearm conviction if the firearm was not registered. In those cases, it is at the discretion of the prosecutor and the courts to determine if any enhancement is required. Having the right lawyer may allow them to negotiate, but possible penalty enhancements involving firearms in Bucks County can also occur for a defendant charged with a gun case in Bucks County.
The distribution of a firearm, specifically to a minor, is set forth under the violation of uniform firearms statute, defined by the Pennsylvania criminal code. However, courts and prosecutors take this more seriously and request higher sentences when an individual is found guilty of providing a firearm to a minor.
Additionally, the minor who receives the firearm is charged specifically with possession of a firearm. This can lead to an adjudication of delinquency and felony adjudication even as a juvenile. When taking these charges into account, that juvenile could potentially face an additional two points to their prior record.
A Bucks County gun lawyer can give you the resources you need to mitigate penalty enhancements involving firearms. Penalty enhancements can be harsh. To ensure you are equipped with a comprehensive knowledge and understanding of what can go into a gun case, contact an experienced attorney.
David Clark Attorney at Law