Gun Defense Lawyer Atlanta: Professional Legal Representation for Firearm Charges

Defending the Rights of Those Accused of Gun Crimes in Atlanta

Discover how The Law Office of Ahmad R. Crews, LLC can help you with firearm offense charges. Our experienced gun defense lawyer in Atlanta provides experienced legal representation to protect your rights.

If you have been accused of illegally carrying or using a firearm in the state of Georgia, you should quickly find powerful support from a knowledgeable firearm offense attorney in Atlanta. Facing charges for a gun-related offense without a skilled attorney by your side can be a very stressful experience. The stakes are high, and having strong legal representation is crucial. 

Your criminal defense advocate will need to be able to carefully analyze the specifics of your case and accurately represent your side in court. There are many complexities in federal and state laws regarding firearms restrictions. You can count on The Law Office of Ahmad R. Crews, LLC, to support you in obtaining your rights.

We understand the complex gun laws and regulations surrounding these type of offenses, and we know how critical it is to navigate these waters with precision. In Atlanta, the legal system can be particularly challenging for those accused of gun offenses. Our team has the skills and experience in handling these cases, providing our clients with the aggressive representation they need. 

Having the right Atlanta gun defense lawyer can make all the difference when your future is on the line. 

Understanding Georgia Gun Laws

Georgia has specific laws that regulate the use, purchase, and ownership of firearms. These laws help ensure public safety while respecting the rights of gun owners.

Key Statutes and Regulations

The state’s laws (Section 16-11-122) cover various types of weapons:

• Sawed-off shotguns and rifles: It is illegal to possess these firearms.
• Silencers: These are prohibited devices in Georgia.
• Machine guns: Automatic weapons such as machine guns are banned for civilian use without federal approval.
• Explosive devices: They include rocket launchers and hand grenades.

In addition to state regulations, federal laws also play a vital role. The National Firearms Act restricts certain items and requires specific permits for others. Compliance with both sets of laws ensures you avoid severe penalties. 

Violating Georgia’s gun laws can result in harsh penalties, including imprisonment. For example, possessing a banned weapon can lead to up to five years in prison. 

Misdemeanor and Felony Firearm Offenses in Atlanta, GA

There are many different offenses for firearms in the state of Georgia. Fortunately, you can trust our experienced lawyer to skillfully work for you no matter what the charge is. Just some examples of the firearm charges we can work to overturn include cases involving:

• Possession of an Illegal Firearm: Illegal possession under Georgia law means having a firearm without the right permits or having a prohibited weapon. This can lead to severe penalties, including jail time and hefty fines. 
• Unlawful Discharge of a Firearm: Unlawful discharge refers to firing a gun in prohibited areas or in a reckless manner. This can lead to accidental injuries or even death and is considered a serious crime in Georgia.
• Use of a Firearm in the Commission of a Crime: Using a gun while committing another crime can lead to serious consequences and harsher penalties. For example, armed robbery can result in longer prison sentences compared to a simple robbery.

If you’re facing such charges, consider consulting with an Atlanta criminal defense attorney to explore your legal options.

Firearm Restrictions for Convicted Felons and First Offender Probationers

Georgia law states that any person convicted of a felony or is on probation from a first felony offense is prohibited from owning, carrying, or transporting a firearm. The state takes these restrictions very seriously. First-time violators will face prison time between one and ten years. Second-time offenses will be between five and ten years.

Exceptions:

• If a person has been convicted of a felony involving unfair trade practices or anti-trust violations, he or she is able to submit an appeal that shows evidence that owning a firearm would not cause them to be considered a threat to society.
• If a person has been convicted of a felony and was later pardoned.

Impact of Prior Convictions on Firearm Charges in Atlanta

In Atlanta, prior convictions significantly affect the severity of penalties for firearm charges. Under Georgia law, individuals with previous felony convictions may face enhanced penalties if convicted of gun crimes again. This could include mandatory minimum prison sentences and more severe felony charges, especially if the prior offenses involved violence or weapons violations.

For those without a prior criminal record or gun crime conviction/gun charge as per Georgia’s gun laws, the consequences of gun charges, such as illegal gun possession or carrying a concealed weapon without a license, are generally less severe but can still include significant legal troubles.

First-time offenders may face misdemeanor charges, which can result in fines, community service, and possibly short jail terms. However, the exact penalties depend heavily on the specifics of the case, such as the type of firearm involved or the circumstances of the arrest.

Regardless of criminal history, it’s crucial for anyone accused of gun crimes in Atlanta to seek the guidance of an experienced Atlanta gun lawyer. A skilled gun attorney in Atlanta can help navigate the complexities of Georgia’s gun law, potentially reducing the charges or penalties and protecting the accused person’s rights and future.

What Is a Forcible Felony in Georgia?

If the previous conviction was a forcible felony, the minimum sentence is five years in prison. Forcible felony is a type of felony conviction that involves a violent act that was either threatened or carried out on another person. Some common types of forcible felonies include:

• Murder
• Burglary
• Armed Robbery
• Kidnapping
• Rape
• Possession of explosives

If a person convicted of a forcible felony attempts to purchase a firearm, he or she will be charged with an additional felony. The penalty is five years in prison.

The Legal Process for Gun Charges in Atlanta

Arrest and Booking

When someone is arrested for a gun charge in Atlanta, they go through several steps. First, they are taken to a police station for booking. During this time, personal information is recorded, and fingerprints are taken. During the initial arrest, it is crucial to know your rights.

You have the right to remain silent and to an attorney. Exercising these rights can protect you throughout the legal process.

Arraignment

The arraignment is the first court appearance. During this hearing, the charges are read, and the accused pleads guilty or not guilty. Having legal representation at this stage is vital to understand the charges and the possible defenses.

Our experienced team helps clarify the charges and advises on the best course of action. It’s crucial to have a knowledgeable criminal defense lawyer represent you from the start.

Pre-Trial Motions

Pre-trial motions are common in gun crime cases. They can include motions to suppress evidence or dismiss charges. Successful motions can sometimes lead to charges being reduced or even dismissed. We carefully review all evidence and file necessary motions to strengthen the defense. Each motion can significantly affect the outcome of the case.

Trial

The trial process for gun charges involves presenting evidence, cross-examining witnesses, and making arguments. Our team at The Law Office of Ahmad R. Crews, LLC, prepares thoroughly for trial, ensuring that all evidence and testimonies are meticulously examined.

Preparation and a strong defense strategy are key to achieving a favorable result in court.

Sentencing

If convicted, the sentencing phase determines the penalties. Possible outcomes include fines, probation, or incarceration. The court might consider mitigating factors like the defendant’s background or circumstances of the offense. Factors such as these could potentially lessen the severity of the sentence. 

Common Defenses for Gun Crimes

Self-Defense

One common defense to any weapons violation or gun crime in Georgia is self-defense. If we can prove that our clients used a firearm to protect themselves from harm, they may be acquitted. Legal criteria for self-defense include the immediate threat of danger and proportional response. We’ve seen cases where demonstrating the client’s fear for their life has led to positive outcomes.

Unlawful Search and Seizure

Unlawful search and seizure is another defense strategy. The Fourth Amendment protects our clients from unreasonable searches. If law enforcement violates these rights, the evidence collected can be suppressed. We often challenge the legality of searches in court, leading to the dismissal of charges.

Lack of Intent

In many gun crime cases, proving intent is crucial. We argue that our clients did not intend to commit a crime, which can lead to reduced or dropped charges. For example, someone might accidentally discharge a weapon without any harmful intent. Highlighting such scenarios helps create reasonable doubt in the jury’s mind.

Why Choose The Law Office of Ahmad R. Crews, LLC

• Experience in Firearm Offense Cases: At The Law Office of Ahmad R. Crews, LLC, we have extensive experience in handling firearm offenses. Our skill in this area ensures that we provide effective defense for clients facing serious charges.
• Successful Outcomes: We have secured not-guilty verdicts in cases where others thought it impossible. Our dedication to exhaustive preparation and creative motions sets us apart. These successes demonstrate our commitment to achieving the best possible results for our clients.
• Personalized Legal Strategy: Every case is unique, and we believe in a personalized approach to defense. We work closely with our clients to develop tailored strategies that address the specifics of their situation.
• Strong Courtroom Presence: Our presence in the courtroom is strong and effective. We are known for our zealous advocacy and our ability to clearly present our clients’ cases. Through careful cross-examination and persuasive argumentation, we strive to protect our clients’ rights and freedoms.

Protect Your Rights With the Law Office of Ahmad R. Crews, LLC

Dealing with gun charges can be overwhelming. Gun charges may occur because of a lack of clarity between federal restrictions and state restrictions. It is very common for peaceful citizens to accidentally break a firearm code because they did not know about the particular restriction or were unaware of a boundary where a different firearm law applied. It’s essential to have the right legal team by your side.

At The Law Office of Ahmad R. Crews, LLC, we are skilled in defending clients against various criminal charges, including gun offenses. Our services include:

• Violent Offenses
• Failure to Appear Warrants
• Record Restriction and Sealing
• Drug Crimes
• Appeals
• Pardons

These areas of practice ensure our clients receive comprehensive legal representation. We focus on transparent and continuous communication to keep our clients informed every step of the way. For gun crime cases, our team provides high-quality counsel and works tirelessly to protect your rights.

Contact us today to schedule a consultation and discuss your case. Let The Law Office of Ahmad R. Crews, LLC, fight for you. 

Frequently Asked Questions

Can I Have a Loaded Gun in My Car in Georgia?

In Georgia, you are allowed to have a loaded gun in your car. If you do not own the vehicle, you must have permission from the owner of the vehicle to do so. You are not allowed to have a loaded gun in your car if you are prohibited by the law from possessing a handgun.

Do You Have To Tell Police You Have a Gun in the Car in Georgia?

In Georgia, there is no law that requires you to inform an officer that you are carrying a firearm. There is also no law that says you must hand over your weapons carry license, but there is a law preventing police officers from randomly asking you if you have a weapons carry license.