If you’re charged with a gun crime in Maryland, you could be found guilty of a misdemeanor or felony depending on the specifics of your case. Factors such as whether the gun was carried with a permit and whether it was used in another crime will help determine the severity of the charges. Whatever the classification for your alleged crime, however, a conviction can result in jail or prison time as well as fines, probation, driving restrictions, house arrest, community service and more, such as provisions that can restrict you from owning a gun in the future for any reason.
An experienced Maryland gun lawyer like Mr. Edward Tayter will examine every specific detail of your case and utilize every available legal resource in order to build a strong case in your defense. Although this defense won’t necessarily allow you to escape conviction depending on the facts and circumstances of your case, it will maximize your chances of experiencing a favorable outcome in court and receiving the most lenient sentencing and penalties possible.
In Maryland, it is illegal to wear, carry, or transport a handgun, either out in the open or under concealment, without the proper permits and licensing. The only exceptions to this law are for law enforcement officers, on-duty members of the armed forces, correctional officers, individuals with proper permits, or individuals who can prove that they are transporting the handgun to or from a gun repair shop or place of sale. These laws are covered by Maryland state code § 4-203.
Individuals found in violation of these laws are subject to penalties described under state code § 4-203(c), which imposes a misdemeanor conviction. The penalties associated with this misdemeanor include imprisonment ranging from 30 days to three years as well as a fine ranging from $250 to $2,500. If this crime is committed on public school property, the penalty increases to a minimum incarceration sentence of 90 days. Repeat offenders of this law are subject to a prison sentence ranging from one to 10 years according to state code § 4-203(c)(3), or three to 10 years for violations committed on school property. The penalties increase in severity with additional convictions, the minimum prison sentence increasing for each subsequent conviction.
There are many legal gray areas related to misdemeanor handgun crimes in Maryland, such as when you are carrying a handgun on or around your property. In instances such as these, and with all other handgun crime charges, a qualified Maryland gun lawyer will consider all details of your case in order to build a winning defense, protecting your legal rights and reducing your chance of severe penalties.
Gun crime penalties are more severe when a handgun is found to be used in the commission of a separate crime aside from the wearing, carrying or transportation of the handgun itself, as per state code § 4-204. Section (a) of this code clarifies, stating that the crime is still punishable regardless of whether the handgun is operable when the separate crime is committed.
Section (b) of code § 4-204 defines the penalty for this crime, which includes a misdemeanor conviction along with imprisonment lasting between five and 20 years in addition to any sentence for the separate crime. State code § 4-204(b)(2) states that these sentences will run consecutively, not concurrently. In the majority of cases, the convicted is not eligible for parole for a minimum of five years. A Maryland gun defense attorney can help you to fight these charges, including those related to the separate crime and those related to the gun used in carrying it out.
Crimes involving assault pistols are handled separately from crimes involving other handguns and antique firearms, as per Title 4, Subtitle 3 of the Maryland criminal law code. State code § 4-301 defines an assault pistol as a semiautomatic pistol such as the following:
The penalties associated with transporting, selling, transferring, purchasing or receiving an assault pistol are defined by state code § 4-306 and include a misdemeanor conviction as well as a jail sentence of up to three years along with a fine of up to $5,000. Using an assault pistol to carry out a violent or felony crime results in a prison sentence between five and 20 years, and more for repeat offenders.
Gun charges don’t necessarily need to become gun convictions. We will assist you in fighting the charges and improve your chances of receiving a favorable decision in court.
We also offer representation against gun charges in Virginia. Click the link to visit the site for more information on the services provided by our offices there.