At Boatwright Legal, our attorneys are deeply experienced in defending clients against a variety of gun-related offenses under South Carolina law. In South Carolina, gun crimes are taken very seriously and can range from minor infractions to major felonies, depending on the circumstances of the case. Whether you’re facing charges for a gun possession charge, a gun arrest, or other weapons charges, understanding the legal landscape is crucial.
Felony Versus Misdemeanor Gun Charges
The distinction between felony and misdemeanor gun charges in South Carolina is significant and can impact the penalties one faces. Misdemeanors generally involve less severe offenses and carry lighter penalties, such as short jail terms or fines. Felonies, on the other hand, are more severe and can result in longer prison sentences and larger fines.
For instance, a 1st-time gun charge might be classified as a misdemeanor if it involves simple possession without intent to commit a violent act. However, if the possession occurs during the commission of another crime, it could escalate to a felony.
Common Types of Gun Charges in South Carolina
South Carolina sees a variety of gun charges that can be brought against individuals, each with its own set of legal considerations and consequences.
Illegal Possession of a Firearm
This charge can arise when someone who is legally prohibited from owning a gun, such as a convicted felon or a minor, is found in possession of one. The implications can be severe, potentially leading to a return to prison for felons or significant legal consequences for minors.
Carrying a Concealed Weapon Without a Permit
In South Carolina, carrying a concealed weapon legally requires a permit. Being caught without one can lead to serious charges, which may include heavy fines and possible jail time, depending on the specifics of the case and the individual’s prior criminal history.
Possession of a Firearm During the Commission of a Crime
Possessing a firearm while committing another crime can greatly enhance the severity of charges and penalties. This is particularly true if the firearm is used or threatened to be used during the commission of the crime, leading to potential felony charges and longer sentences.
Unlawful Sale or Trafficking of Firearms
Engaging in the illegal sale or distribution of firearms is a serious offense in South Carolina. Those found guilty of trafficking firearms can face extensive prison sentences and hefty fines, reflecting the state’s commitment to reducing illegal gun activity.
Consequences of Gun Charges in South Carolina
The consequences of gun charges in South Carolina can vary greatly but often include jail or prison time, significant fines, and a permanent criminal record, which can affect future employment and civil rights. For first-time offenders, there may be options for lesser penalties or alternative programs like diversion or probation. However, repeat offenders or those involved in violent crimes face much stiffer penalties.
How Does State Law Govern Handgun Possession?
South Carolina’s laws provide specific guidelines for handgun possession, including who can own a handgun, how it must be stored, and where it can be carried.
Legal Requirements for Handgun Possession
To possess a handgun legally in South Carolina, individuals must comply with state laws that regulate the age, background, and eligibility of gun owners. This includes undergoing background checks and, in some cases, completing a firearm safety course.
Concealed Weapons Permits
South Carolina requires individuals who wish to carry their handguns concealed to obtain a Concealed Weapons Permit (CWP) from the South Carolina Law Enforcement Division. The process involves background checks, fingerprinting, and firearms training to ensure responsible handling.
Stand Your Ground Laws
South Carolina’s “stand your ground” laws provide legal protection to individuals who use firearms to defend themselves under certain conditions. These laws are complex and can play a significant role in the defense strategy for certain gun-related charges.
How Gun Possession Could Enhance Other Charges?
In South Carolina, possessing a gun can enhance the charges and penalties for other crimes. For instance, if a firearm is used or even merely possessed during the commission of a felony, this can lead to an additional charge that carries its own penalties, including extended prison time. This is particularly relevant in cases of robbery, assault, or drug trafficking, where the presence of a firearm can escalate the severity of the legal repercussions.
How Boatwright Legal Can Help?
At Boatwright Legal, we specialize in defending clients against all types of gun charges. Our team of seasoned attorneys understands the complexities of South Carolina’s gun laws and how to navigate the legal system effectively. We can help in various ways, including:
Assessing the Legality of the Weapon and Its Possession
Our attorneys can examine the circumstances of your case to determine if the weapon was legally obtained and possessed. This can be a crucial element of the defense, particularly if there are questions about the legality of the firearm itself.
Challenging the Circumstances of the Arrest
We will scrutinize the details of the arrest, ensuring that your legal rights were not violated during the process. This includes examining the probable cause for the arrest and the conduct of law enforcement officers during the arrest and any searches.
Negotiating Reduced Charges or Penalties
Our experienced legal team can negotiate with prosecutors to reduce the charges or penalties you face. This can be particularly important for first-time offenders or in cases where the evidence may be questionable.
Representing Clients in Court
Our attorneys are experienced litigators who can effectively represent you in court, arguing your case and presenting a strong defense on your behalf.
Empowering Your Defense: How Boatwright Legal Can Assist
If you or a loved one is facing gun charges in South Carolina, the stakes are high, and the impact on your future can be significant. At Boatwright Legal, we are committed to providing a robust defense for our clients and ensuring their rights are protected throughout the legal process. Contact us today at 864-745-9758 to schedule a free evaluation with an experienced attorney for gun charges, and let us help you navigate the complexities of your case. Together, we can work towards a resolution that minimizes the impact of these charges on your life.
