South Carolina Gun Lawyer

Gun penalties in South Carolina are only getting tougher, and police officers and prosecutors zealously enforce all of the gun laws which are currently on the books.  The most common gun crimes in South Carolina are unlawful carrying of a pistol and possession of a weapon during the commission of a violent crime.

If you have sustained a gun charge or conviction in South Carolina, you want an experienced criminal defense lawyer on your side at all times who can defend and safeguard your legal rights throughout your case.

Having a South Carolina gun lawyer on your side can make all the difference when it comes to obtaining a favorable result in your case, such as a potential dismissal of your pending charge, a favorable plea deal, or a reduced criminal sentence post-conviction.

Felony Versus Misdemeanor Gun Charges

South Carolina gun charges may be prosecuted as either felonies or as misdemeanors. Generally speaking, felonies are crimes which are punishable by more than one year of incarceration, while misdemeanors are generally punishable by up to one year of incarceration – or by fines or other penalties.

In some cases, rather than imposing a prison sentence, a South Carolina judge may suspend some or all of the prison term and sentence the defendant to a period of probation or parole.

If the criminal defendant violates probation or parole – such as by being arrested for another criminal offense or sustaining a criminal conviction – the probation or parole sentence may be revoked, and the judge could impose the maximum prison sentence for the underlying charge making it imperative that a South Carolina gun attorney is contacted as soon as possible.

Gun Crimes in South Carolina

South Carolina gun laws regulate the sale, possession, and use of firearms and ammunition in the State. These laws heavily regulate the following:

  • Possessing illegal weapons
  • Possession of a weapon by someone who is not legally permitted to have a weapon (e.g., convicted felons or individuals who are on probation or parole)
  • Offenses involving imitation guns
  • Possessing a legal gun without a permit or license
  • Possession of a weapon by a juvenile
  • Possession of a weapon during the commission of an inherently dangerous crime (e.g., robbery with a deadly weapon) or on school property
  • Possession of a firearm for an unlawful purpose

Potential Defenses to Gun Charges

Legal defenses to common gun charges that a South Carolina gun lawyer may be able to utilize include the following:

  • Alibi
  • Mere Presence
  • Mistaken identity
  • Illegal search and seizure
  • Improper, inadequate, or absent Miranda warnings
  • Improper questioning by investigators or police officers

Federal Gun Laws

South Carolina gun charges may be prosecuted in either state court or federal court. Federal gun laws of the United States may be located in a number of federal statutes.

Federal gun laws govern and regulate the manufacture, trade, possession, transfer, record keeping, and transport of firearms, ammunition, and firearms accessories. The right of individuals to keep and bear arms is governed by the Second Amendment to the United States Constitution.

How a South Carolina Gun Attorney Can Help

Gun charges and gun convictions are serious business in South Carolina, and the potential penalties upon conviction can be severe.

In a criminal case involving gun charges or a weapons charge, there is too much at stake for you to take a chance “going it alone.” A knowledgeable and experienced South Carolina gun lawyer can make all the difference in the world when it comes to achieving a favorable outcome in your case.