Are you facing a gun crime charge in Georgia? One of the most important things to know is that you are presumed innocent until proven guilty. You have the right to raise a strong, zealous defense. Several different defense strategies may be used. At The Law Office of Ahmad R. Crews, LLC, we have extensive experience with firearms offenses. Here, our Atlanta gun crimes defense lawyer provides an overview of the common defenses in firearms cases in Georgia.
- Lack of Possession
To secure a conviction in many gun crime cases, the prosecution must prove that the defendant knowingly possessed the firearm. A common defense is to challenge possession. It is often raised in shared spaces, vehicles, residences, or similar settings. You may be able to raise a successful defense because you were not in control of a firearm or even aware of its presence. An Atlanta criminal defense lawyer can help you determine if a lack of possession defense is viable in your firearms case.
- Unlawful Search/Seizure
The Fourth Amendment to the U.S. Constitution protects your right to be free from an unreasonable search and an unreasonable seizure. In a gun case, a defense attorney may challenge how the firearm was discovered. If law enforcement found the weapon without a valid warrant, probable cause, or an applicable exception (such as consent or exigent circumstances), the court may suppress the firearm as evidence. A successful suppression motion can lead to the collapse of the prosecution’s case. That could lead to gun charges being dismissed outright.
- Lack of Criminal Intent
Depending on the specific circumstances, intent can be relevant in a criminal case in Georgia. Indeed, in some cases, a viable defense is that the defendant lacked the necessary intent or knowledge required under Georgia law. It is a defense that may apply when someone inadvertently comes into possession of a firearm or was unaware they were prohibited from owning one, such as individuals with certain felony records or restraining orders. If the offense requires “knowingly” or “willfully” violating the law, your lawyer can argue that those elements were absent.
- A Plea Agreement
More of a defense strategy than a defense itself, a plea agreement could be the best approach to handle a gun charge. If the prosecution has the evidence to get a conviction, the right strategy may be to focus on reducing the charges and/or the penalties. Your Atlanta criminal defense attorney can work with prosecutors to negotiate the most favorable plea agreement if it is the best option.
Contact Our Atlanta, GA Firearm Offense Defense Attorney Today
At The Law Office of Ahmad R. Crews, LLC, our Atlanta criminal defense attorney has the professional expertise to defend the full range of firearms offenses. If you have any questions about defenses that can be raised in gun crime cases, please don’t hesitate to contact us today for a fully confidential consultation. With an office in Atlanta, we handle firearms cases throughout the broader region in Georgia.