Weapons charges carry severe penalties under Pennsylvania law. You could face a significant criminal sentence if caught carrying a concealed weapon in West Chester, PA. So don’t try to fight weapons charges alone.
Our West Chester criminal defense lawyer at DiCindio Law, LLC is a former Chester County prosecutor. He understands the concealed weapon laws and how the state prosecutes these crimes.
Contact us to schedule a free consultation with an experienced West Chester weapons offenses lawyer at (610) 430-3535. We’ll fight to protect your civil rights and your right to a fair and just outcome in your criminal case.
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How Our West Chester Criminal Defense Lawyers Help You With a Concealed Weapons Charge
You have the right to own and carry a firearm. However, Pennsylvania gun laws restrict some of those rights. In addition, the courts punish violations of gun and weapon laws severely.
At DiCindio Law, LLC, we have over a decade of experience representing clients in criminal cases. Our clients have rated us a perfect 10 rating on Avvo, and Super Lawyers has recognized us as well. Our dedication to fighting for justice for our clients is what sets us apart from other law firms.
When you hire our legal team, you can expect us to:
- Explain your legal rights and your options for fighting weapons charges
- Independently investigate the circumstances surrounding the criminal charges and your arrest
- Analyze the state’s evidence against you for weaknesses and problems
- Hire expert witnesses, investigators, and specialists as necessary
- Negotiate with prosecutors for acceptable terms for a plea agreement
- Take your case to court and aggressively advocate for your acquittal
We will not push you toward a plea deal unless we honestly believe it is the best way to resolve your case and limit the penalties for a criminal conviction. Our lawyers explain all your options, provide legal advice, and allow you to make the decision about your case.
Contact our law firm to schedule your free consultation with an experienced weapons offense lawyer in West Chester, Pennsylvania.
What Is the Pennsylvania Law Regarding Carrying a Concealed Weapon?
Pennsylvania Criminal Code Title 18 §6106 states that firearms are not to be carried without a license. However, if you qualify for a valid license to carry, you can be charged with a misdemeanor in the first offense for carrying a firearm on your person or in your vehicle without a permit. The statute does not apply if you are in your home or a fixed place of business.
A conviction for a first-degree misdemeanor carrying a firearm without a license is $10,000 in fines and up to five years in prison. However, the penalties increase if you are not eligible for a carry license.
If you cannot obtain a license to carry because you are ineligible and you are convicted of carrying a concealed weapon without a license, the charge is a felony of the third degree. The penalty for a conviction under this charge is a fine of $15,000 and up to seven years in prison.
However, at least 16 exceptions to this rule are listed in the statute. If you are unsure whether you fall into one of these exceptions, check with a criminal defense lawyer before you carry a concealed weapon without a permit. Then, you might avoid a concealed weapon charge.
In addition to fines and imprisonment, a concealed weapons conviction has collateral consequences. You have a permanent criminal history. A felony conviction could result in losing your gun rights.
A felony conviction can also result in losing a professional license, being ineligible for student loans, and making it difficult to find housing and a job.
Are There Defenses to Charges of Carrying a Concealed Weapon in West Chester?
There are several defenses you could potentially use to fight charges of unlawfully carrying a concealed weapon. Defenses could include:
- You fall into one of the exceptions for carrying a concealed weapon listed in the statute
- Law enforcement officers conducted an illegal search and seizure
- The arresting officer did not have probable cause for the arrest
- The weapon was not actually in your possession, and you did not have constructive possession
- The state lacks sufficient evidence to prove the elements of the case beyond a reasonable doubt
If the police charge you with a concealed weapons offense, do not panic and do not argue with the police officers. The more you say to the police, the more evidence the prosecution has to use against you in court.
Instead, exercise your right to remain silent except for asking for your lawyer. Then, as soon as possible, contact our law firm to discuss your case with a lawyer.
Schedule a Free Consultation With Our West Chester Weapons Offenses Lawyer
Being charged with a concealed weapons offense does not mean you are guilty. Call us to schedule your free consultation to discuss defense options with an experienced West Chester weapons offense attorney.