Salt Lake City Weapons Charges Attorney

Attorneys in Salt Lake County for Those Charged With Gun-Related Offenses

The laws surrounding weapons and firearms in Utah can be very confusing, even under ideal circumstances. While citizens of Utah and the rest of the United States have rights regarding the possession of firearms and other weapons, such weapons are also heavily restricted.

There are many different kinds of weapons charges. Some offenses constitute distinct charges that come with their own penalties. Other offenses can be elevated if a weapon or firearm is involved. Common weapons charges often involve defendants who allegedly obtained or possessed weapons without proper authorization. Your defense to weapons charges will vary based on the nature of the charges. In many cases, your attorney can help you argue you had no criminal intent, your weapons were possessed legally, or the police seized the weapon without a warrant. Whatever your situation may be, the skilled criminal defense attorneys at Collins Rupp, P.C. are equipped to help you defend yourself and your rights.

Restricted Persons

For some, owning or possessing a weapon or firearm is simply out of the question. Under Utah law, individuals classified as Category I or Category II restricted persons are prohibited from possessing dangerous weapons and firearms.

A person may be considered a Category I restricted person if he or she:

• Was ever convicted of a violent felony
• Is on probation or parole for any felony or the possession of a Schedule I or II controlled substance
• Was adjudicated as a juvenile for an offense in the last 10 years that would have been a violent felony if committed by an adult
• Is an alien illegally present in the United States

Category II restricted persons are similar to those in Category I, but their reasons for being restricted are a bit less serious. For example, where Category I persons have committed a violent felony, a Category II person may have committed any felony, including a non-violent offense. There are many criteria for Category II restricted persons, including dishonorable discharges from the military, being mentally incompetent to stand trial, having renounced U.S. citizenship, and more.

A Category I restricted person in possession of a firearm can be charged with a second-degree felony and a third-degree felony for any other dangerous weapons. A Category II restricted person can be charged with a third-degree felony for having a firearm and a Class A misdemeanor for other dangerous weapons.

It is also a crime for an individual to knowingly sell or transfer a firearm or dangerous weapon to a Category I or Category II restricted person. The severity of the charges and associated penalties will depend on the type of weapon and category of the restricted person.

Possession With Criminal Intent

Many people have firearms and other weapons for legal purposes, such as protection or hunting. Other people are legally authorized to carry firearms, including law enforcement agents and others with proper permits. Even if your possession of a weapon or firearm is lawful, you can still face criminal charges if you carry it with criminal intent.

In the state of Utah, a person found with a dangerous weapon and the intent to use it in a criminal offense may be charged with a Class A misdemeanor. The criminal offense need not be a serious or violent felony, but it can be any offense, even a minor misdemeanor.

Defenses to Weapons Charges

If you are charged with a weapons-related crime, our attorneys can help you explore your legal options for fighting the charges. Depending on the circumstances, there may be various defense strategies available for your case. Our team will over your case with you and help you determine the best defense options. It may be possible to fight the charges and get an acquittal or dismissal in some cases. In other cases, an acquittal or dismissal might not be possible, and the best defense possible might instead consist of negotiating a reduction of your charges and penalties.

Call Our Utah Weapons Charges Lawyers

If you or someone you love have been charged with a weapons offense, the attorneys at Collins Rupp, P.C. can help you determine your best defense. Contact our office by calling 385-777-2753 for a free consultation with a member of our team today. We will work hard to ensure that your rights and best interests are fully protected at every stage of the proceedings.