In Philadelphia, there are no mandatory minimums involving gun charges. The court has full discretion to determine proper the sentences under whatever circumstances exist in a gun possession case, and the outcomes of a case could range from probation to decades in prison.
If were charged with a gun crime in Philadelphia, do not face the prosecution alone. Without an experienced defense lawyer by your side, you could be at an unfair disadvantage in court. Contact a Philadelphia lawyer as soon as possible to help protect your interests.
Individuals in Philadelphia sometimes attempt to possess a firearm in a lawful way but make a mistake in doing so. For example, they may improperly package or transport the firearm between a home and a firing range. In court, these individuals often have the ability to show that their intent was not to commit a crime. Under the right circumstances, they could be put in a probationary program. At the end of the short probationary period, they would have no record to reflect any gun charge.
However, prosecutors at the Philadelphia District Attorney’s Office usually does not show leniency to people who are ineligible to have firearms because of prior criminal records or mental instability. These are individuals who have been warned and told that because of past dealings they may not have any contact whatsoever with a firearm. They may not even be in the presence of others with a firearm in a lawful fashion. When they violate these laws, especially by directly possessing or using a firearm, the sentence is often in the 15 to 30 year range.
Firearms in and of themselves are not strict liability crimes in Philadelphia, but individuals who are barred from having such firearms and continue to violate the laws often see sentences in the most astronomical way there is. A convicted felon caught with a firearm in the City and County of Philadelphia may not see the light of day without help from legal counsel.
Overall, the majority of gun cases fall into a consistent pattern. When individuals do not have a license to carry and they conceal a firearm on their person or in a vehicle, they face a violation of the Uniform Firearms Act under Section 6106. A conviction can result in as much as three and a half to seven years’ incarceration and $15,000 fine.
When individuals throughout the entire state possess a firearm on the streets in a manner that is inconsistent with the law, they could be charged with violating the Uniform Firearms Act under Sections 6108, which is a misdemeanor of the first degree. As a misdemeanor of the first degree, the individual could face as much as five years in jail and $10,000 fine.
For individuals ineligible to use or carry firearms because of a past record, various sentences are handed down for convictions. At the same time, defenses could be raised against certain sentences. Attorneys could argue in many ways for mitigation when dealing with gun cases.
Gun sentences depend upon the severity of any other crimes charged, the type of weapons used, and the circumstances of the particular arrest. The more serious cases often carry larger sentences, while other cases could be treated in a way that leads to no charges or even acquittals at time of trial. Because of the wide range of potential penalties, individuals charged with firearm offenses are often unsure what to expect in court.
If you face gun charges, do not hesitate to contact a veteran defense attorney. Local authorities have years of experience prosecuting Philadelphia gun charges, and without a sound defense strategy, you could face years in prison. With a lawyer by your side, you could fight for a positive resolution to your case.
David Clark Attorney at Law