Weapons Offenses Defined
Weapons offenses are violations of statutes that restrict the possession and use of deadly weapons. Approximately two percent of arrests nationwide are for weapons violations. A weapon is a device that is used to cause injury or harm to people or animals. In some cases, the use of weapons is warranted and justified and does not violate any law. In other cases, however, the use of weapons is prohibited by law and a user commits a crime in the use of the weapon.
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Moreover, in the criminal context, weapons are classified in two ways, as deadly weapons and as dangerous instruments. Deadly weapon is a term that is defined by statute to include any device or implement that can cause death or severe bodily harm. Specifically, deadly weapons include firearms, ammunition, silencers, explosives, and certain knives. However, there are many deadly weapons other than just firearms.
A dangerous instrument is a device or instrument which is used or attempted to be used in a way that can cause death or serious bodily injury. The instrument need not have any inherent capacity for causing harm. It is strictly its use or intended use that governs its categorization. In some cases, even an automobile may be considered a dangerous instrument. Weapons offenses involve the possession and/or use of a deadly weapon, but may also apply to dangerous instruments.
Firearms are Common Components in Weapons Offenses
Some weapons laws are specific to firearms, even though weapons offenses extend beyond just firearms. Weapons offenses involving firearms are more common than any other weapons offenses. Certain firearms are completely banned, such as machine guns, and automatic or semiautomatic assault weapons. Licensed manufacturers, distributors, and dealers may store, ship, and sell these items, but private citizens cannot have them in their possession. Certain classes of people cannot possess or purchase firearms, including convicted felons and juveniles. Furnishing firearms and some other weapons to juveniles is a separate offense for which there are criminal penalties. Cities, counties, states, and the federal government have criminal laws concerning deadly weapons. These include restrictions on possession, carrying, use, sale, importing and exporting of deadly weapons.
Arrests for Weapons Offenses
Arrests for weapons violations have been on the rise over the past decades. Between 1974 and 2004, these arrests increased more than 54%. Arrests of juveniles for weapons violations have also been increasing. A racial disparity exists in weapons violations, with five times as many blacks as whites being arrested for weapons violations. In many cases, suspects are charged with weapons violations along with other criminal offenses which occurred in the same incident. The use of a deadly weapon in the commission of a crime may lead to an elevation of the offense to a higher or more severe class. Common underlying offenses include violent crimes, such as rape, robbery, and assault, and property crimes such as burglary and automobile theft. Seemingly weapons offenders are often repeat offenders or even career criminals, as more than 50% of suspects charged with weapons offenses have previous felony convictions or are even subject to ongoing prosecution at the time of the weapons offense charge. In many cases they are on probation or parole at the time of the new offense.
Attorneys Specialize in Weapons Offenses
Many criminal lawyers specialize in weapons offenses, and offer expert handling of defense to weapons offense charges. These attorneys employ advanced techniques of evidence presentation and witness examination. Even where a defendant is still convicted of an offense, the hope of the attorney is that it will be a lesser offense with a more acceptable penalty.
Contents herein are not offered or intended as legal advice and should not be construed as such. Persons seeking legal counsel regarding weapons offenses are advised to speak with an attorney.
Originally posted 2011-07-20 08:25:21. Republished by Old Post Promoter
