Weapons Charge Lawyer South Carolina
Charges involving firearms or other weapons carry serious legal risks, including criminal penalties and restrictions on ownership. Holloway Law in South Carolina provides experienced representation for individuals facing weapons-related charges. Our attorneys review the circumstances, challenge procedural errors, and craft a defense strategy tailored to your case. Protecting your rights and future is our priority. Contact 864-405-9899 to schedule a consultation with a weapons charges lawyer who will provide assertive and knowledgeable legal guidance.
Common Weapons Charges in South Carolina
Weapons charges in South Carolina cover a wide range of situations, from carrying a firearm without the proper permit to using a weapon in the commission of a crime. These offenses are treated seriously by prosecutors and judges because they often involve issues of public safety. A conviction can result in jail or prison time, fines, and long-term consequences that extend far beyond the courtroom. Understanding the types of weapons charges that are most common in South Carolina is important for anyone facing an accusation or trying to avoid legal trouble.
Unlawful Carrying of a Handgun
One of the most frequent weapons charges in South Carolina involves the unlawful carrying of a handgun. While South Carolina allows residents to own and carry firearms, there are restrictions. A person must either have a concealed weapons permit or meet certain legal exceptions to carry a handgun in public. Carrying a gun in a manner not permitted under the law can result in a misdemeanor charge.
If convicted, the penalty can include up to one year in jail and a fine of up to $1,000. While this may not seem as severe as some felony offenses, a conviction still creates a criminal record that can impact employment opportunities and the ability to lawfully possess firearms in the future.
Possession of a Firearm by a Prohibited Person
Not everyone is legally allowed to own or possess a firearm in South Carolina. State and federal laws identify several categories of people who are prohibited. This includes convicted felons, individuals convicted of domestic violence crimes, and those who are under certain restraining or protective orders.
Being caught with a firearm when legally prohibited is a serious offense. In many cases, it is charged as a felony, and the penalties can include multiple years in prison. This charge often arises when a person with a prior conviction is found with a gun during a routine traffic stop or other police encounter.
Possession of a Firearm During the Commission of a Violent Crime
Another serious charge in South Carolina is possession of a firearm during the commission of a violent crime. This does not require the gun to be fired or even brandished. Simply having a firearm present while committing a violent offense, such as robbery, assault, or burglary, can trigger this charge.
The penalty is harsh. A conviction carries a mandatory minimum of five years in prison, served consecutively to any sentence for the underlying violent crime. This means that even if someone receives a sentence for the original crime, the additional time for the weapons offense cannot run at the same time. The result is often a much longer period of incarceration.
Unlawful Sale or Transfer of Firearms
South Carolina law also regulates how firearms can be sold or transferred. Selling a gun to someone who is prohibited from owning one, or transferring ownership without following proper procedures, can lead to criminal charges. In some cases, these offenses are prosecuted under federal law as well, which can bring even more severe penalties.
Gun dealers and private sellers must be especially cautious. Failure to comply with state and federal requirements can result in charges that carry significant fines and possible prison terms.
Possession of a Stolen Firearm
Another common charge involves the possession of a stolen firearm. A person may be charged even if they did not steal the weapon themselves. The law focuses on whether the person knew, or should have known, that the firearm was stolen.
This offense is a felony, with penalties that can include up to five years in prison. The case often hinges on the issue of knowledge, which makes it an area where defense strategies can be particularly important.
Carrying a Weapon onto Restricted Property
South Carolina law makes it unlawful to carry firearms or other dangerous weapons into certain locations. Schools, government buildings, courthouses, and places where alcohol is served are just a few examples of restricted areas. Violating these rules can lead to arrest and criminal charges.
The penalties vary depending on the type of restricted property. For example, bringing a weapon onto school grounds is treated especially seriously and can carry felony-level consequences.
Penalties Beyond the Courtroom
Weapons charges often carry penalties that go beyond fines and prison time. A conviction can limit a person’s right to possess firearms in the future. It can also create challenges with employment, housing, and professional licensing. For individuals in certain careers, such as law enforcement, security, or military service, a weapons conviction can be career-ending.
In addition, because weapons charges often intersect with other criminal offenses, they can compound the overall severity of a case. A person facing both a drug charge and a weapons charge, for example, may encounter harsher penalties than if only one offense was involved.
Defenses to Charges
Being charged with a weapons offense does not mean a conviction is guaranteed. Defense strategies depend on the specific circumstances of the case. Some common approaches include:
- Challenging the legality of the search and seizure that uncovered the weapon.
- Demonstrating that the defendant did not actually possess the firearm or weapon.
- Arguing that the accused was legally permitted to carry the weapon under one of the state’s exceptions.
- Questioning whether the prosecution can prove knowledge of the weapon’s status, such as in cases involving stolen firearms.
Each case is different, which is why working with an experienced defense lawyer is critical.
The Importance of Legal Representation
Weapons charges in South Carolina carry serious risks. Even relatively minor offenses can create lasting problems, and felony charges can alter the course of a person’s life. Because the law is complex and the penalties are severe, it is important to have knowledgeable legal representation as early in the process as possible.
A defense attorney can review the circumstances of the arrest, analyze the evidence, and work toward building a defense strategy that protects the client’s rights. In some cases, charges can be reduced or dismissed. In others, negotiating for a fair resolution may be the best path forward.
Weapons charges are common in South Carolina, and they come in many different forms. From carrying a handgun without a permit to possessing a firearm during the commission of a violent crime, the penalties can range from fines and short jail sentences to lengthy prison terms. The impact of a conviction often lasts far beyond the initial punishment, affecting careers, rights, and opportunities.
Anyone facing a weapons charge should take the situation seriously and seek qualified legal guidance. Understanding the law and the possible defenses is the first step toward protecting one’s future and navigating the challenges of the criminal justice system.
Defend Your Rights With a Weapons Charges Attorney in South Carolina
Weapons-related charges can result in severe legal consequences, including criminal penalties and restrictions on firearm ownership. Holloway Law in South Carolina provides experienced representation for clients facing firearms or other weapons allegations. Our attorneys review evidence, challenge procedural errors, and craft defense strategies tailored to protect your rights. We provide clear guidance and assertive advocacy throughout the legal process. Call 864-405-9899 to schedule a consultation with a knowledgeable weapons charges attorney who will fight to defend your freedom and interests.
