A weapons charge in Northern Kentucky can carry consequences that reach far beyond the courtroom, including jail or prison time, steep fines, and the potential loss of a defendant’s right to own firearms. Kentucky recognizes broad gun rights, including permitless concealed carry for eligible adults age 21 and older, but there are still many weapons offenses a person can be charged with in the state.
If you’ve been arrested on a weapons charge in Northern Kentucky, an experienced defense attorney at Suhre & Associates DUI and Criminal Defense Lawyers can examine how the weapon was found, whether the stop and search were lawful, and whether the state can actually prove its case.
Reach out today at (513) 333-0014 to schedule a free consultation with a Northern Kentucky weapons charges lawyer.
Why Hire Suhre & Associates DUI and Criminal Defense Lawyers if You’re Arrested for Weapons Charges in Northern Kentucky?
When you’re facing a weapons charge in Northern Kentucky, your attorney can examine how the evidence was obtained, identify weaknesses in the prosecution’s case, and determine which defenses may apply.
Northern Kentucky residents turn to Suhre & Associates DUI and Criminal Defense Lawyers because of our defense team’s experience handling criminal cases.
Benefits of hiring us include:
- Our attorneys have 100+ years of combined experience, including in defending clients in criminal courts
- A legal team that includes former police officers and prosecutors
- Nationally recognized attorneys, including National Trial Lawyers Top 100 Trial Lawyers, Super Lawyers honorees, and lawyers with a 10.0 Avvo rating
Weapons charges can put your freedom and ability to legally possess firearms at risk. Our attorneys represent clients throughout Northern Kentucky, including those facing charges in Boone, Kenton, and Campbell counties.
Contact us to schedule a free consultation today with a Northern Kentucky criminal defense attorney.
Overview of Weapons Charges in Kentucky
Kentucky generally allows permitless concealed carry for individuals age 21 or older who may lawfully possess a firearm, but that does not mean every form of weapon possession or conduct is legal. Several state and federal restrictions may still apply.
Possession of a Firearm by a Convicted Felon
Kentucky prohibits convicted felons from possessing firearms. This offense is typically a Class D felony, but possession of a handgun elevates the charge to a Class C felony.
Unlawful Possession of a Weapon on School Property
Kentucky generally prohibits knowingly possessing or carrying firearms and certain other weapons on elementary and secondary school property. The law recognizes several exceptions, however.
Defaced Firearms
Knowingly possessing a firearm with an altered, removed, or defaced serial number is generally a Class A misdemeanor.
Understanding the particular offense you have been accused of matters because Kentucky’s firearm laws contain restrictions and exceptions that may not be obvious from the circumstances of an arrest. Our Northern Kentucky criminal defense lawyers can help you understand the charges against you and develop a strong defense strategy.
What Are the Penalties for Weapons Charges in Northern Kentucky?
The penalties for a weapons conviction in Kentucky depend on the classification of the offense, which can turn on the conduct involved, the type of weapon, and the person’s criminal history.
Possible penalties include:
- Class A misdemeanor: Up to 12 months in jail and a fine of up to $500
- Class D felony: 1 to 5 years in prison and a fine of up to $10,000
- Class C felony: 5 to 10 years in prison and a fine of up to $10,000
Some weapons offenses can also be prosecuted under federal law, particularly cases involving prohibited persons, interstate firearm trafficking, or firearms connected to violent or drug-related crimes. Certain federal firearms offenses may carry mandatory minimum prison terms.
What Defenses Can Be Raised if I’m Arrested for Weapons Charges?
The defense strategy in a weapons case depends on the charge and how the evidence against you was obtained.
Unlawful Search and Seizure
If police lacked a valid warrant, probable cause, or a recognized exception to the warrant requirement, a Northern Kentucky weapons charges attorney may ask the court to suppress the weapon or other evidence obtained during the search.
Unlawful Traffic Stop
Many weapons arrests start with a traffic stop. Police generally need reasonable suspicion of a traffic violation or other unlawful activity to initiate a stop, and constitutional limits apply to how long a traffic stop may be extended.
Evidence collected from an unlawful stop may be subject to suppression, depending on the circumstances.
Lack of Possession
The state must prove that you possessed the weapon, and that’s not always as straightforward as it sounds. When a firearm is found in a shared car, a shared home, or somewhere near multiple people, prosecutors may rely on “constructive possession.”
Constructive possession generally requires evidence connecting the accused to the weapon beyond its mere presence nearby.
Lawful Possession or a Statutory Exception
Kentucky law recognizes exceptions to certain weapons offenses, including some circumstances involving firearms kept in vehicles on school property. If your conduct falls within an applicable statutory exception, your attorney can raise that issue when challenging the charge.
The prosecution carries the burden of proving every element of a weapons charge beyond a reasonable doubt. Reviewing the circumstances of the stop, search, alleged possession, and any applicable statutory exceptions can help determine which issues should be challenged.
Schedule a Free Case Evaluation With Our Northern Kentucky Weapons Charges Lawyers Today
A weapons charge can put your freedom and ability to lawfully possess firearms at risk. The details surrounding the arrest matter, particularly when there are questions about how police found the weapon, whether you legally possessed it, or whether an exception under Kentucky law applies.
Suhre & Associates DUI and Criminal Defense Lawyers represents people facing weapons charges throughout Northern Kentucky. If you’re facing charges or have questions about an investigation, contact our office today for a free and confidential consultation with a Northern Kentucky weapons charges attorney.
