How To Beat A Gun Charge In Maryland – Legal Strategy

Knowing how to beat a gun charge in Maryland is very important for someone facing a gun charge, as the state of Maryland has some of the strictest gun laws in the country.

Being charged with a gun-related offence can result in hefty fines, imprisonment, and a criminal record that can follow you for the rest of your life. 

However, knowing that just because you’ve got a gun charge offence doesn’t mean you’re automatically guilty is important. 

You can use several strategies to fight these charges and potentially beat them all together. Let’s start with,

How To Beat A Gun Charge In Maryland 

Whether you are charged with unlawful possession, carrying a concealed weapon, or any other firearm-related offence, here is how to beat the gun charges.

• Understand the charges

If you are facing a gun charge in Maryland, it is vital to understand the charges against you. You also need to know the specific laws and regulations that govern the possession and use of firearms in Maryland. 

It is important to understand the different types of gun charges you might face, such as carrying a concealed weapon, unlawful possession of a firearm, or using a gun in the commission of a crime. 

Understanding the nature of the charges against you is the first step in building a successful defence.

• Hire a lawyer

Hiring a lawyer specialising in gun charges is crucial if you want to mount a strong defence. A skilled attorney has the experience and knowledge to navigate the complex legal system.

They will investigate your arrest’s circumstances and gather evidence to support your case. A knowledgeable lawyer can help you avoid pitfalls, such as accepting plea bargains that are not in your best interest.

• Challenge the legality of the search and seizure

In some cases, law enforcement officers may have conducted an unlawful search or seizure, leading to the discovery of the firearm used in your charge. 

If so, your lawyer may file a motion to suppress evidence obtained during an unconstitutional search or seizure. 

A successful suppression motion can significantly weaken the prosecution’s case against you and may even result in the dismissal of charges.

• Negotiate a plea bargain

Negotiating a plea bargain is also an option when facing gun charges in Maryland. Your lawyer can negotiate with prosecutors to reduce the severity of the charges or secure reduced sentencing. 

While a plea bargain may not result in a complete dismissal of charges, it can often result in a more favourable outcome than a conviction at trial. 

Your lawyer will advise you on whether accepting a plea bargain is in your best interest based on the specific circumstances of your case.

• Was the firearm operable? Challenge it

This means questioning whether the gun was functioning properly during the alleged offence. 

If the firearm was not working correctly, it may not be considered a weapon under Maryland law. 

This defence strategy requires an experienced attorney who can investigate and analyse the evidence to determine if there are any issues with the firearm’s functionality.

• Try lack of  “Knowledge” or control

You can also try to claim a lack of knowledge of the firearm which means that you did not know that you possessed a firearm or did not have control over it. 

Here is a good example where a lack of knowledge can apply. Say borrowed a friend’s vehicle and did not know a gun was in the glove compartment. 

Lack of control could be used if someone was holding a firearm for another person and was unaware of its use. 

• Explore self-defence or justifiable use

Self-defence is a legal justification for using force against another person if it is believed that person is about to cause harm. 

Justifiable use is similar but applies to situations where force is used to prevent a crime from being committed. 

These defences require evidence that supports the defendant’s belief that they were in danger or needed to stop a crime from being committed.

Maryland Rights To Bear Arms

The Right to Bear Arms is a hotly debated topic across the United States. Maryland is no exception to this debate, and its citizens have the right to possess firearms and ammunition under certain conditions. 

The state law allows individuals to possess firearms for self-defence, hunting, and recreational purposes, but it also imposes regulations to ensure public safety. In Maryland, you must obtain a license to possess a regulated firearm before purchasing one. 

This license requires a firearms training course, fingerprinting, and background checks. Furthermore, there are restrictions on the types of firearms allowed in Maryland. 

Maryland Penalties For Gun-Related Crimes

The state of Maryland has a wide range of penalties for gun-related crimes, with some being more severe than others. 

One of the most common charges is unlawful firearm possession, resulting in up to three years in jail without additional penalties. 

However, many of these charges have mandatory minimums, with the lowest being 30 days. The severity of the mandatory minimums varies depending on the charge, with some carrying up to 30 years. 

Even a simple gun charge can result in jail time, with a person potentially facing up to one month in jail for a first-time offence. This is true even if the person has no criminal record and no other aggravating factors are involved.

It is important to note that these penalties are not set in stone and can be influenced by various factors, including the crime’s circumstances and the judge’s discretion.

A person found guilty of a gun offence may face additional penalties beyond the potential jail or prison sentence. 

These penalties include a period of restricted conditions of probation and loss of certain rights. For instance, the defendant could lose the ability to purchase or sell firearms. ‘

In such cases, they may also need to turn over and forfeit firearms they possess, otherwise legally processed. Apart from these direct consequences, other collateral implications could affect your life as an offender. 

For example, such criminal records could impact employment prospects, making getting jobs difficult. Similarly, it could affect your ability to obtain various professional licenses. 

What Determines Your Sentencing In Gun Charges In Maryland? 

Several factors determine the sentence handed down for gun charges in Maryland, and it is essential to understand them to know what to expect. 

• Nature of the offence

If caught carrying a gun without a permit, you could be charged with a misdemeanour or felony, depending on the circumstances. 

If you used the firearm to commit a crime or threatened someone, the charges and penalties will be more severe. The severity of the offence is a critical factor in determining your sentence.

• Type of firearm

The type of firearm involved is also vital in determining your sentence for your gun charges. Possession of certain firearms, such as assault or machine guns, can result in more severe charges and penalties. 

Maryland has specific laws regulating the possession and use of these types of firearms, and violating them can lead to serious consequences.

• Prior conviction 

Prior convictions are also considered when determining your sentence for gun charges in Maryland. 

If you have a history of criminal behaviour involving firearms, this will be considered an aggravating factor that can result in enhanced penalties. 

The court will look at your criminal history to determine if you pose a danger to society and whether you are likely to reoffend.

• Illegal modification

Did you know that Maryland has specific laws regulating the modification of firearms? You could face enhanced charges and penalties if you altered a gun to make it more deadly or dangerous. 

• Mitigating factors

Mitigating factors in gun charges can potentially influence sentencing outcomes. These factors include cooperation with law enforcement, lack of prior criminal history, and evidence of rehabilitation.

If the defendant demonstrates cooperation by assisting in the investigation or providing valuable information, it may lead to a more favourable sentencing decision.

• Involvement in other crimes

If the gun charges connect to additional criminal activities, such as drug offences or gang-related crimes, the court will consider these factors during the sentencing process. 

Other crimes can potentially exacerbate the seriousness of the charges and lead to more severe penalties.

Conclusion 

The knowledge of how to beat a gun in Maryland can be a valuable one. Facing a gun charge in Maryland can be a serious legal matter that requires a strategic defence approach. 

There are several ways to beat a gun charge in Maryland, and understanding the legal options can help build a strong case.

However, it is important to remember that each case is unique, and the assistance of a knowledgeable attorney is invaluable in navigating the legal system.