Gun Crime Defense Attorneys in Gillette

Charged With a Weapons Offense in Gillette? Call Now

The gun laws in Wyoming allow for the virtually unrestricted purchase and carry of weapons within state borders, in strict accordance with the Second Amendment. However, this freedom comes with serious responsibility when it comes to any criminal activity. If the police suspect you committed a crime in which a weapon is involved, you face severe penalties both in terms of fines and incarceration.

If you have been charged with a weapons offense in Campbell County, the most important action to take is to retain the services of a knowledgeable and experienced Gillette criminal defense attorney who can gather evidence and establish a compelling defense to get the charges dropped or, at the worst, minimized. Schedule a free case strategy session with Steven Titus & Associates, P.C., by calling (307) 257-7800.

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Definition of a Deadly Weapon

Under Wyoming law, a “deadly weapon” is defined as “but is not limited to a firearm, explosive or incendiary material, motorized vehicle, and any other device, instrument, material, or substance, which in the manner it is used, intended to be used or is reasonably capable of producing death or serious bodily injury.”

This broad definition encompasses a wide range of objects, emphasizing the object’s inherent characteristics and how it is used or intended to be used. This allows for flexibility in prosecuting cases where unconventional items are employed to cause harm.

Examples of what qualifies as a deadly weapon under Wyoming law:

• Firearm: Any gun, whether loaded or unloaded, is considered a deadly weapon.
• Knife: When used in a threatening manner, a knife qualifies as a deadly weapon.
• Baseball Bat: A baseball bat is deemed a deadly weapon when used to inflict or threaten serious bodily harm.
• Explosive Device: Any bomb or incendiary material falls under the deadly weapon category.
• Motor Vehicle: A car or other motorized vehicle, if used intentionally to cause harm or death, is classified as a deadly weapon.

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What Are the Legal Ramifications of Weapons Offenses in Gillette?

Several weapons offenses exist in Wyoming, all of which can be broken down into three basic categories.

Possession

While it is legal to possess and carry deadly weapons per the Second Amendment, it becomes a crime if:

• You carry or use a weapon after a conviction. Possession or use of a deadly weapon is illegal if you have been previously convicted for committing (or attempting to commit) a felony, punishable by imprisonment of up to three years, a fine of up to $5,000.00, or both.
• You carry a deadly weapon with the intent to cause harm. Anyone who knowingly possesses, manufactures, transports, repairs, or sells a deadly weapon with the intent to threaten the life or physical well-being of another, commit assault, or inflict bodily injury on another can be charged with a felony punishable by imprisonment for up to five years, a fine of up to $1,000, or both.
• You carry a concealed deadly weapon without meeting the criteria. While a permit isn’t required for concealed carry in Wyoming, you must meet certain criteria: be a peace officer, possess a valid permit, or meet the requirements for a permit.

Crimes Using a Weapon

If you are charged with a crime that doesn’t involve the use of a weapon, but you are found to have a weapon on you at the time, you may be charged with additional penalties, including:

If you use a firearm while committing a felony, you can be imprisoned for no more than ten (10) years in addition to the punishment for the felony. For a second or subsequent conviction of this nature, you can be imprisoned for no more than twenty (20) years in addition to the punishment for the felony.

Crimes Involving Weapons

Many felonies include the use of a deadly weapon in the definition of the crime, including:

• Aggravated assault and battery (assault and battery that results in severe bodily harm or involves the use of a deadly weapon)
• Assault with a deadly weapon (threatening the life or physical well-being of another with a deadly weapon)
• Murder (the unlawful killing of another)
• Aggravated robbery (robbery that results in severe bodily harm or involves the use of a deadly weapon)

These felonies each carry their own set of penalties, and there is no further penalty for using a deadly weapon.

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Legal Process Overview

Arrest & Charges

After an individual is arrested, they are taken into custody, where law enforcement formally charges them with a crime based on the evidence gathered. Following the arrest, the defendant attends an arraignment, where the charges are read, and they enter a plea of guilty, not guilty, or no contest. Bail may be set during this stage to secure the defendant’s release until trial.

Pre-Trial Hearings

Next, the case moves to pre-trial hearings, where the defense and prosecution exchange evidence, file motions, and negotiate potential plea deals. These hearings are critical for shaping the case, as motions to dismiss charges or suppress evidence can be argued.

Trial

If the case proceeds to trial, both sides present their evidence and arguments to a judge or jury. The trial concludes with a verdict, and if found guilty, the defendant is sentenced based on the crime’s severity and other factors.

Appeals

Finally, the defendant has the right to the appeals process. If there were legal errors during the trial, an appeal could be filed to a higher court to seek to overturn the conviction or reduce the sentence. Appeals focus on correcting legal mistakes rather than re-evaluating the facts.

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What Are Defenses Against Weapons Offenses?

Despite the severe nature of the charges, there are key defenses that could lead to an acquittal. Remember, the prosecutor is responsible for proving you are guilty beyond a reasonable doubt—not the other way around. Some of the typical defenses include:

• Self-Defense: This defense argues that the defendant used a weapon out of necessity to protect themselves or another person from immediate harm. In this context, the use of the weapon must be proportionate to the threat faced, meaning it was necessary to prevent serious injury or death.
• Unknowing Possession of a Deadly Weapon: This defense is used when the defendant argues that they were unaware they were in possession of a deadly weapon. For example, if someone unknowingly carried a bag containing a weapon or if it was placed in their possession without their knowledge.
• Exclusionary Rule: The exclusionary rule is a legal principle that prohibits the use of evidence obtained in violation of the defendant’s constitutional rights. If law enforcement obtained the weapon through an illegal search or seizure, the defendant can argue that the evidence (the weapon) should be excluded from the trial.
• Lack of Intent: Weapons charges often require proof that the defendant intended to use the weapon unlawfully. A lack of intent defense argues that the defendant did not intend to commit a crime or cause harm with the weapon. For instance, if someone carried a weapon for lawful purposes, such as hunting or self-defense, without the intent to use it in a criminal manner.
• No Crime Occurred: This defense asserts that no crime was committed, meaning the prosecution’s case is based on a misunderstanding or misrepresentation of the facts. The defendant argues that their actions were entirely lawful and that no illegal conduct occurred.

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Impact of a Conviction on Your Record and Life

A conviction on your record can have far-reaching consequences that affect many aspects of your life. First, it can severely limit your employment opportunities. Many employers conduct background checks, and a criminal conviction can make it challenging to secure a job, especially in fields that require trust or responsibility, such as finance, education, or healthcare.

A conviction can also impact your housing options. Landlords often run background checks, and a criminal record may disqualify you from renting certain properties or lead to higher security deposits.

Additionally, a conviction can have consequences on your education. Colleges and universities may deny admission or financial aid to individuals with a criminal record, limiting their access to higher education and professional advancement.

Your personal relationships can also suffer. A conviction can create strain within your family, lead to social stigma, and result in loss of custody or visitation rights if you have children.

Moreover, certain civil rights, such as voting, serving on a jury, or possessing firearms, may be affected.

Importantly, a conviction can have financial implications, including fines, court costs, and difficulties securing loans or credit due to a damaged reputation. These combined effects demonstrate how a criminal conviction can alter your life in significant and lasting ways.

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Why You Need a Campbell County Defense Attorney

Due to the severe nature of weapons offenses, having a skilled Gillette criminal defense law firm on your side may mean the difference between spending years in state prison or the freedom to carry on with your life. Your reputation, finances, and ability to get a job are all affected – a felony conviction, even if it only results in a shorter prison sentence, will follow you wherever you go.

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Contact Our Criminal Defense Lawyers in Gillette Today

At Steven Titus & Associates, P.C., we understand what you’re going through. We assist people accused of weapons offenses by crafting a compelling defense case to present in court.

Our attorneys have an unbeatable work ethic that extends to a detailed investigation of your case, building a defense strategy, and a tenacious attitude. And with our impressive win-loss ratio in the courtroom, you can be confident that you are in the hands of knowledgeable and experienced Gillette weapons offense lawyers.

We will do everything possible to defend your rights. Contact us today at (307) 257-7800 to schedule a free case strategy session.

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