Weapons Charges Defense Attorney Las Vegas, NV

Crimes involving the use of weapons carry severe penalties in Nevada. If you don’t hire a Las Vegas weapon charges attorney, you may leave yourself vulnerable in your case if you are not familiar with the state’s firearm laws. There are a range of weapons crimes that will put your freedom at risk if you are facing a criminal accusation, including:

  • Illegal possession of a weapon
  • Illegal discharge
  • Illegal weapons sales
  • Accusations that you had a weapon in your possession during the commission of another crime

If you face criminal charges concerning firearm offenses in Las Vegas, Nevada, get trusted representation with a criminal defense lawyer in Las Vegas from De Castroverde Criminal & Immigration Lawyers to represent you. Our law office works hard to investigate our clients’ cases thoroughly so that we can build a defense that establishes their innocence and protects their rights.

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Our Firearm Lawyers in Las Vegas Handle Cases Involving Various Offenses

At De Castroverde Criminal & Immigration Lawyers, our legal team handles various criminal defense cases involving firearm-related charges. We know which defenses may be available to you depending on the circumstances of your case, and we will look for evidence to support these points should they apply.

Additionally, we know your rights regarding firearms in Nevada, so we will ensure they were not infringed on in your case.

We Defend Our Clients Against Various Weapons Charges

A Las Vegas criminal attorney at our firm can represent you in weapons offense cases involving any of the following charges:

  • Convicted felon in possession of a firearm
  • Illegal weapon possession
  • Possession of an illegal weapon or firearm
  • Unlawful sale or distribution of firearms
  • Brandishing a firearm or other deadly weapon
  • Use of a deadly weapon in the commission of a crime
  • Aggravated assault (assault with a deadly weapon)
  • Domestic violence involving a weapon
  • Possession of a concealed weapon

If your case involves other charges, such as driving under the influence (DUI) or domestic violence, our legal team will further investigate to see how we can build your defense against these charges. We may be able to negotiate to have your charges dropped or reduced so that you receive lesser penalties.

Does Las Vegas Allow People to Carry a Concealed Weapon?

Yes. Per NRS 202.3657, people can apply to carry a concealed weapon (CCW), such as a handgun, in Nevada, provided they meet certain requirements. A single permit is valid for all handguns legally registered under the applicant’s name.

Specific Requirements for Obtaining a CCW Permit

To be approved for a CCW permit, you must meet the age requirement, which can vary if you served or are currently serving in the U.S. Armed Forces. For example:

  • Those who have not served in the military: You must be at least 21 years of age to obtain a CCW permit.
  • Those who have served in the military or are currently serving: You must be at least 18 years of age to obtain a CCW permit.

Applicants must also demonstrate competence in using their handguns and fulfill a firearm safety course. Underage applicants must also prove they have a valid reason to possess and carry a concealed weapon, which a sheriff or police chief must approve.

Nevada Also Legalizes Open Carry for Handguns

Nevada allows people to open carry loaded handguns in the state, meaning you are permitted to carry weapons on your person as long as they are visible. This can also apply to vehicles, provided they are in view from persons outside of the vehicle, such as on the car seat or dashboard.

You do not need a permit or license to open carry in Nevada legally. However, specific individuals may be prohibited from openly carrying loaded handguns in the state.

Who Is Not Allowed to Have a CCW Permit?

The following demographics are prohibited from carrying a concealed weapon in Nevada:

  • Individuals younger than 18 and are not accompanied by a legal guardian, such as a parent (NRS 202.300)
  • Individuals who have been convicted of felony charges
  • Individuals with restraining orders against them
  • Individuals who have a blood alcohol concentration (BAC) of 0.08 percent or higher or who are under the influence of other controlled substances (NRS 202.257)

Other prohibitions exist that prevent people from carrying concealed weapons in certain areas or carrying specific firearms. For example, it is against the law to bring any weapon onto school premises or within grounds of the courthouse unless otherwise permitted to do so (e.g., law enforcement). Additionally, CCW permits generally do not apply to loaded rifles or shotguns inside vehicles, though certain exceptions apply (e.g., you are a paraplegic).

Convicted Felons Lose Their Right to Carry or Own Weapons

NRS 202.360 prohibits anyone who is a convicted felon from being able to possess, own, or carry firearms in Nevada. This includes people who have been convicted of:

  • A felony or a misdemeanor for domestic violence in Nevada
  • A felony or other violations that prohibit them from possessing firearms in other states
  • Federal crime(s), which now prohibit them from possessing firearms

People who also have a history of illicit drug use, addiction, and other drug crimes may also be prohibited from getting a permit to carry a concealed weapon.

What Kind of Penalties Can You Face for Firearm Charges in Las Vegas?

There are enhanced penalties in cases involving the possession of a weapon, whether a gun, knife, or another weapon was used in the alleged crime. Some felony weapons offenses will require the court to impose mandatory prison terms, which is why you must retain the defense of a Las Vegas firearm lawyer.

Penalties for Firearm-Related Felonies

Depending on the severity of the offense and other factors of your case (e.g., whether you are a convicted felon, had a child present during the offense, or allegedly committed domestic violence), your firearm charge may be penalized as a category B, C, or D felony. These categories have separate penalties, such as:

  • Category B felony: Those charged may face between one and six years of prison and a fine of up to $5,000.
  • Category C felony: Those charged may face between one and five years of prison and a fine of up to $10,000.
  • Category D felony: Those charged may face between one and four years of prison and a fine of up to $5,000.

Should you decide to have a lawyer from De Castroverde Criminal & Immigration Lawyers defend you, they may be able to negotiate lesser penalties in a plea deal or even have your charges dropped. You will receive legal counsel on which routes may be worth pursuing in your case.

Role of a Weapon Charges Lawyer

A weapon charges attorney, also known as a criminal defense lawyer, plays a crucial role in representing those who have been charged with offenses related to firearms or other potentially deadly weapons. Here is what a weapon charges attorney can do for you from the moment you contact them through the end of your case:

  • Evaluating the Case: The lawyer evaluates charges and identifies possible legal arguments. They scrutinize evidence, testimony, and police records, and may also interview witnesses to the crime. This will enable the attorney to build a robust case for their client.
  • Selecting a Defense Strategy: Specifically, the lawyer will use what they learn in the case evaluation to guide the way they handle their client’s defense. This may entail disputing evidence and questioning the legitimacy of a search and seizure. The weapons charges attorney may assert a self-defense argument or explore other legal arguments.
  • Dealing with Police and Prosecutors: The lawyer will protect their client from overreach on the part of the authorities. They might negotiate with prosecutors for a plea bargain that reduces the penalties their clients face, or convince prosecutors that their evidence is insufficient to garner a conviction, leading to the dropping of the charges entirely.
  • Representing the Client: The attorney will defend the client throughout legal proceedings, such as pre-trial hearings and trials. The lawyer will present their case before a judge and/or jury, arguing for a positive outcome.
  • Attending Sentencing: If the client is found guilty, the attorney works to lessen the severity of the sentence
  • Appealing Convictions: The lawyer can appeal the guilty verdict if the court made certain mistakes at any point in the proceedings.

Our Criminal Defense Lawyers in Las Vegas Will Investigate Your Case

A criminal defense lawyer from De Castroverde Criminal & Immigration Lawyers can also serve you outside of court. Our legal team provides several services to our clients because a lot of investigative and administrative work will be involved in creating your defense argument.

For example, you can expect our team to:

  • Conduct a private investigation into your case to determine whether there is probable cause for the charges filed against you, whether your arrest or interrogation was lawful, or whether the prosecution was lawful in seizing and collecting evidence from you (e.g., did they have a valid reason to seize your vehicle?)
  • Contact witnesses who may be able to provide testimony for your cases, such as bystanders who witnessed the arrest, individuals who can provide an alibi for you, or individuals who can vouch whether you have permission to carry your weapon (e.g., law enforcement, military personnel, or your employer)
  • Collect evidence that can be used to support your defense, such as video footage of the alleged crime or arrest, gun registration documents, or forensic evidence that verifies whether your fingerprints were on the weapon
  • Fill out legal paperwork for your case, such as requesting additional time to discover evidence for your case, schedule hearings, or file legal motions.

If you ever have concerns about your case, our team will also be available to answer your questions based on the evidence and information your lawyer has collected for your case.

Common Defenses Heard in Weapons Charges Cases in Nevada

Some common defenses heard in weapons charges cases include:

  • You have a valid CCW permit in Nevada or your state: While it might seem irresponsible not to carry your CCW permit, there are many reasons why it might not have been in your possession at the time of your arrest. Regardless, if you have a valid CCW permit or license, your lawyer can present it to the court and potentially have your charges dropped if it involves illegally carrying a concealed weapon.
  • The weapon does not belong to you: Whether someone else planted the weapon in your possession or you were borrowing a vehicle that had a weapon inside it without your knowledge, you may be able to argue that you were unaware of the firearm in your possession and had no intention of using or carrying it.
  • You were pardoned on your felony conviction: Though convicted felons are prohibited from carrying or owning weapons, they can apply for a pardon on their felony conviction to restore their rights to possess a weapon, such as a handgun. If you received this pardon from a judge in Nevada, you might be able to have certain charges dismissed, depending on what your case involves.

Other defenses may focus on whether there is sufficient evidence to prove you guilty, whether you were acting in self-defense, or whether law enforcement conducted an illegal search and seizure of your property (e.g., your vehicle).

Benefits of Hiring a Weapon Charges Lawyer

The benefits of having an experienced attorney by your side cannot be emphasized enough. They can help you through their:

  • Legal training and skill
  • Negotiating abilities
  • Working relationships with prosecutors
  • Courtroom effectiveness

In short, an experienced defense attorney is simply better prepared than you are to defend your rights and protect you from constitutional violations on the part of the police or prosecutors.

Frequently Asked Questions

Q: What should I do if I’m facing a weapon charge?
      • Seek guidance from a lawyer who specializes in weapon charges. The sooner you get started, the more they can do on your behalf.
Q: How can a lawyer defend against a weapon charge?
      • Your weapon charges lawyer will tailor their defense to your specific circumstances. That might involve showing that the weapon did not belong to you, that you did not intend to use it in an intimidating manner, that you had a valid permit for its carry, or that you should not have been banned from possessing the item in question.
Q: What are the potential consequences of a weapon conviction?
      • The extent of the punishment for a charge varies based on the seriousness of the offense and can include penalties such as fines, probation, and even incarceration.

Contact Us If You Are Facing a Weapons Charge

Are you facing weapons charges in Las Vegas, NV? The consequences of a conviction could change your life forever – but you do not have to face this high-stress situation alone. Instead, you can turn to the experienced weapon charges defense lawyers with De Castroverde Criminal & Immigration, who can protect your rights and fight for your freedom. Reach out to us today for a free consultation, and let us build a robust strategy for your defense.

Call us today so we can evaluate your case.