If you have been arrested and charged with a gun or weapons offense in Florence, you need an experienced and skilled criminal defense attorney on your side immediately. Gun charges are serious matters that can carry heavy consequences, including lengthy prison sentences, steep fines, and a permanent criminal record. At Swilley Law Firm, LLC, our Florence gun charge lawyers have successfully defended many clients facing these difficult situations. We will fight tenaciously to protect your rights, freedom, and future.
South Carolina Gun Laws
South Carolina has some of the nation’s toughest gun laws. It is critical to understand the specifics of these statutes and how they may apply in your case:
- Certain convicted felons are prohibited from owning or possessing firearms and ammunition.
- Under United States Code 18 U.S.C. 922(g), it is unlawful for anyone who is convicted of an offense which could carry over a year in jail to possess a firearm or ammunition.
- Using a firearm in the commission of a violent crime carries enhanced penalties.
- Unlawfully discharging a firearm into a dwelling or vehicle is a felony offense.
- Possessing a stolen firearm or one with an altered serial number is illegal.
Our Florence dun charge attorneys have extensive knowledge of South Carolina’s complex weapons laws. We will carefully review the facts of your case to determine the best strategy for your defense.
Types of Weapons Charges We Handle
At Swilley Law Firm, our gun charge lawyers represent clients in Florence and throughout South Carolina who have been accused of:
- Unlawful possession of a firearm
- Carrying a concealed weapon without a permit
- Felon in possession of a firearm
- Possession of a stolen firearm
- Altering or removing a gun’s serial number
- Using a gun in the commission of a crime
- Unlawfully selling or transferring firearms
- Discharging a firearm into an occupied vehicle or dwelling
Whether you are facing misdemeanor or felony weapons charges, our skilled Florence dun charge attorneys will provide the strong, effective defense representation you need. We handle cases involving all types of firearms, including handguns, rifles, shotguns, and assault weapons.
Protecting Your Rights
Gun charges can often arise from illegal searches and seizures conducted by law enforcement in violation of your constitutional rights. Just because the police found a weapon does not automatically mean the evidence can be used against you in court.
Our Florence gun charge attorneys will meticulously examine the actions of police and investigators in your case. If your Fourth Amendment rights against unreasonable search and seizure were violated, we will fight to have the improperly obtained evidence excluded.
This can significantly weaken the prosecution’s case against you.
We will also determine if your Fifth Amendment rights were upheld, including being properly Mirandized upon arrest. Any statements you made to the police must have been given voluntarily after being fully advised of your right to remain silent and have an attorney present. If your rights were violated, we will work to have your statements suppressed.
Potential Defenses Against Gun Charges
In addition to constitutional issues, there are many other potential defenses against South Carolina weapons charges. Common defense strategies include:
- Lack of probable cause: The police lacked sufficient reason to stop you or search your person, vehicle, or property.
- Improper warrant: A search warrant was invalid, improperly obtained, or incorrectly executed.
- The weapon was not yours: The firearm did not belong to you. It may have been owned by someone else or planted by police.
- Unaware of presence: You did not know the weapon was present in your home, car, bag, etc.
- Mere Presence: You were merely in the physical presence of a firearm without having the intent to possess the firearm or the intent to exercise dominion and control of the firearm.
- Legal possession: You legally owned the firearm and had the proper permits and licenses.
- Incorrect forensic analysis: Forensic testing incorrectly identified you or was improperly conducted.
Every case is unique. Our Florence gun charge lawyers will identify all possible factual and legal defenses to construct the most effective defense strategy for your circumstances. We have a proven track record of getting gun charges reduced or dismissed entirely.
Why You Need a Skilled Florence Gun Charge Lawyer
If convicted of a gun charge in South Carolina, you could be facing years in state prison, hefty fines, probation, and a damaging criminal record. Even misdemeanor weapons convictions can make it very difficult to find employment, housing, and educational opportunities.
Felony firearms convictions result in the loss of many important civil rights, like the right to vote, hold public office, sit on a jury, and own a gun.
Choosing the right Florence gun charge attorney can make all the difference in your case. You need a lawyer with the knowledge, experience, and dedication to aggressively fight the charges against you.
At Swilley Law Firm, we have a thorough understanding of South Carolina gun laws and a history of obtaining favorable results for our clients, including dismissals, acquittals, and beneficial plea agreements.
Get Started on Your Defense Today
Being charged with a weapons offense is a stressful and frightening experience. You may be worried about your future and unsure of where to turn. When you work with a Florence gun charge lawyer at Swilley Law Firm, LLC, we will be there for you every step, providing the guidance and advocacy you need. We care about your case and are committed to achieving the best possible outcome for you.
Do not delay seeking the legal representation you need after a gun-related arrest. Contact our office today to schedule a consultation with an experienced Florence gun charge attorney.
