What Are the Possible Penalties for Gun Charges?

Gun charges are serious and can result in severe penalties, depending on the circumstances of the offense. Gun laws are strict, and a conviction for a firearm-related crime can lead to significant consequences.

Whether it's illegal possession of a firearm, carrying a firearm without a permit, or committing a violent crime with a gun, the penalties vary depending on the specifics of the case. 

With years of experience, the New Hampshire defense attorney at Wiberg Law Office, PLLC can help you understand your legal options, defend your rights, and work toward minimizing the potential penalties associated with gun charges.

Let’s explore the potential penalties for gun charges and why it's essential to work with an experienced legal team who can help you better traverse the legal system and make sure your rights are protected.

Types of Gun Charges in New Hampshire

Before getting into the potential penalties for gun charges, it’s crucial to understand the types of gun-related offenses that one may face in New Hampshire. These charges can be related to possession, use, or the act of carrying firearms illegally. Some of the most common gun charges include:

• Illegal possession of a firearm

• Carrying a concealed weapon without a permit

• Possession of a firearm by a convicted felon

• Use of a firearm in the commission of a crime

• And unlawful discharge of a firearm

Working with a criminal defense lawyer can help protect your rights and build a strong defense.

Penalties for Gun Charges in New Hampshire

The penalties for gun charges in New Hampshire vary depending on the nature of the offense, whether the individual has a prior criminal history, and other factors such as whether the firearm was used in conjunction with another crime. Let’s go over some of the possible penalties for gun charges.

Fines

One of the most common penalties for gun charges is a fine. While it’s not as severe as incarceration, it can still cause significant financial hardship. The amount of the fine will depend on the specific offense.

Incarceration

Incarceration is often the most severe penalty for gun-related charges. The length of imprisonment will vary depending on the specific charge. In some cases, if the defendant has prior convictions, they could face extended sentences.

Probation

In some cases, a defendant may be sentenced to probation instead of prison time. Probation is a court-ordered period of supervision, during which the defendant is required to meet specific conditions. These conditions can include mandatory counseling, drug testing, regular check-ins with a probation officer, and restrictions on firearm possession. Probation is generally given in cases where the defendant has no prior criminal history or if the crime is considered less severe. However, violating probation conditions can lead to imprisonment.

Loss of Gun Rights

Convictions for gun charges may result in a permanent loss of firearm rights. Individuals who are convicted of certain gun-related offenses may be prohibited from owning or possessing firearms in the future. This is particularly true for convicted felons, who lose their gun rights under both state and federal law. For those who are convicted of less severe offenses, the loss of gun rights may be temporary, but it can still have significant consequences for personal and professional life.

Enhanced Penalties for Repeat Offenders

If the defendant has prior convictions, especially for violent crimes or other firearm-related offenses, the penalties for subsequent gun charges can be significantly enhanced. Repeat offenders may face longer prison sentences, higher fines, and stricter parole conditions. New Hampshire law is tough on repeat offenders, and they often face mandatory minimum sentences for gun-related crimes.

Aggravating and Mitigating Factors

When determining the appropriate penalty for a gun charge, New Hampshire courts take into account several factors, including:

Aggravating Factors

These are circumstances that make the crime more severe and increase the potential penalties. Examples of aggravating factors in gun charges include:

• Using a firearm in the commission of a violent crime, such as robbery, assault, or murder: This not only elevates the seriousness of the offense but may also trigger mandatory minimum sentencing laws. The presence of a firearm during a violent act is seen as a direct threat to human life and public safety.

• Discharging a firearm in a public place or near others: Such actions greatly increase the risk of injury or death to innocent bystanders. Courts often view this behavior as reckless and indicative of a disregard for the safety of the community.

• Having a history of violent crime or firearm-related offenses: Repeat offenders are typically subject to harsher penalties due to their demonstrated unwillingness to comply with the law. Prior convictions can also limit sentencing flexibility, as the individual may be seen as a continuing threat.

• Committing the offense while under the influence of drugs or alcohol: Being impaired can impair judgment and increase the unpredictability of behavior involving firearms. Courts often consider intoxication an aggravating factor because it heightens the danger posed by the defendant’s actions.

These aggravating factors can lead to significantly harsher penalties, as they demonstrate an increased risk to public safety and a greater level of criminal culpability.

Mitigating factors

Mitigating factors can potentially reduce the severity of the penalty. These include:

• No prior criminal history

• Acting in self-defense or under duress

• Demonstrating remorse for the crime

• Cooperating with law enforcement during the investigation

A skilled criminal defense lawyer can help present mitigating factors to the court in order to secure a lighter sentence or to help reduce charges.

Possible Defenses to Gun Charges

There are several defenses that a criminal defense lawyer might raise in a gun charge case. Some common defenses include:

• Lack of knowledge: The defendant didn’t know they were in possession of the firearm, or the firearm was found in a location where they didn’t have control. They may argue that the weapon belonged to someone else or was placed without their knowledge. In some cases, the firearm might have been found in a shared space, making it difficult to prove sole ownership or possession. This defense often hinges on the prosecution’s ability to show intentional control or awareness.

• Self-defense: If the defendant was carrying a firearm to protect themselves from an immediate threat, they may argue self-defense. They must demonstrate that there was a credible and imminent danger to their safety at the time. The threat must be specific, not vague or hypothetical, and the response must be proportionate. Courts will also consider whether the defendant had any legal alternatives to using or carrying the firearm.

• Unlawful search and seizure: If law enforcement searched the defendant’s property or person without a warrant or probable cause, the evidence gathered may be inadmissible in court. This defense is based on Fourth Amendment protections against unreasonable searches. If the search violated constitutional standards, the firearm and any related evidence may be excluded under the exclusionary rule. Suppressing this evidence can significantly weaken the prosecution’s case and sometimes lead to dismissal of charges.

A criminal defense lawyer can use these defenses to help reduce or dismiss gun charges.

Contact a Criminal Defense Lawyer Today

Gun charges are serious offenses in New Hampshire, and the penalties can be severe. If you’re facing gun charges, it’s essential to work with an experienced criminal defense lawyer. Serving clients in Portsmouth, New Hampshire, and the surrounding areas of Rockingham County, Strafford County, Hillsborough, Dover, and Manchester, the Wiberg Law Office, PLLC can help protect your rights and work toward a favorable outcome. Reach out today.