Class D Felony of Unlawful Use of a Weapon Case Dismissed
A South County man was wrongfully charged with a class D felony of Unlawful Use of a Weapon. Attorney Muhlenkamp was able to convince the complaining witness that the Defendant, in fact, never threatened anyone. The hearing lasted approximately 20 minutes, after which the Court dismissed the case.
Weapons Defense Lawyers in St. Louis
Protecting Your Second Amendment Rights
The current atmosphere in St. Louis and its surrounding municipalities has made a weapon or gun charge extremely serious. The government spends a lot of time and money prosecuting these charges, and the courts are not taking gun charges lightly. Judges are reluctant to release a defendant charged with a gun crime. Prosecuting attorneys are reluctant to offer probation. This makes the defense of weapon and gun charges especially challenging. The defense of weapon and gun charges requires skill and experience. Let the St. Louis weapons crime defense attorneys at Muhlenkamp & Bernsen, Attorneys at Law help.
Call (314) 347-3313 to schedule your free consultation. You can also contact Muhlenkamp & Bernsen, Attorneys at Law online.
The Law in Missouri
Ten years ago, it was common for a court to release a defendant charged with a Class D Felony Unlawful Use of a Weapon with a bond of $500 or $1,000. Those days have long passed. Now, a defendant charged with a weapon or gun offense needs experienced counsel to distinguish his case from others. This will help ensure your release on bond in a timely manner. It will also help you obtain the best disposition possible on your weapon or gun charge.
Charges of unlawful use of a weapon can take on many forms, such as:
- Concealing and carrying a weapon like a gun or knife
- Displaying a weapon in a threatening way
- Possessing and handling a lethal weapon while intoxicated (or under the influence of a substance) in a careless or negligent way
- Shooting a gun into or at any structure where people assemble
- Shooting a gun within 100 yards of a school, court, or church while they are occupied
- Shooting at a person or another structure while driving in or occupying a moving vehicle
- Taking either a loaded or unloaded gun into a school or another school building/facility
- Shooting a gun across or next to a public highway
It is also illegal to carry a deadly weapon into the following situations:
- Into a church before or during a worship service
- Into a precinct on the day of an election
- Into any government building
Felonies & Weapons Charges
Many felony charges, such as robbery or assault, will contain an additional charge of “Armed Criminal Action” (ACA). This happens when a weapon was allegedly used in the commission of the underlying offense.
The penalties in Missouri for weapons violations include the following:
- Maximum authorized term of imprisonment for a Class B felony for the first violation
- If the offender has prior offenses, they can be sentenced for the maximum authorized term of imprisonment for a Class B felony without parole, probation, or conditional release as possibilities for 10 years
- If the offender is considered a persistent offender, they may receive the maximum authorized term of imprisonment for a Class B felony without parole, probation, or conditional release as possibilities for 10 years
- If injury or death of another person is also a factor into the violation, the offender may face a Class A felony, which has harsher penalties than Class B felonies
An Armed Criminal Action charge is not eligible for probation. Therefore, defense counsel must aggressively investigate the facts of these cases and evaluate all applicable defenses to avoid a conviction at all costs.
Muhlenkamp & Bernsen, Attorneys at Law has the experience to help you get a reasonable bond and get you back to your life as quickly as possible, putting your gun charges behind you. We have defended weapon and gun charges successfully. As your advocate, we will work to secure your release promptly and defend you in court.
Make sure you have experienced counsel by your side. Call (314) 347-3313 for a free case evaluation.
Exclusive Focus on Criminal Defense
Over 25 Years of Combined Experience
Extensive Experience with Appellate & DWI Cases
Free Initial Consultations
A strong defense begins with a strong offense. At Muhlenkamp & Bernsen, Attorneys at Law, we will scrupulously evaluate all angles of your case in an effort to achieve the best possible outcome and to help you restore your freedom and reputation.