Facing gun crime charges in North Carolina can be a daunting and intimidating experience, as these offenses carry harsh consequences that can impact your life and freedom. Whether you've been accused of carrying a concealed weapon without a permit, possessing a firearm as a felon, or using a firearm in a threatening manner, it's essential to seek knowledgeable and experienced legal representation.
If you’re charged with a gun crime, you need a Charlotte gun crimes attorney who is not only familiar with North Carolina's gun laws but also understands the defenses that can be effectively used in these cases. Remember, while North Carolina's gun laws are strict and violations can lead to severe penalties, being charged with a gun crime does not mean you will be found guilty; you have rights and options—and the Olsinski Law Firm, PLLC, has your back at every step of the way.
Types of Gun Cases We HandleAt the Olsinski Law Firm, PLLC, our team of Charlotte gun crimes lawyers has decades of experience defending clients charged with all types of weapons offenses. While we handle every firearms charge in North Carolina, below are those offenses for which our clients call upon our services most often
Unlawful Discharge of a Firearm
In North Carolina, unlawfully discharging a firearm can lead to serious legal consequences. North Carolina Gen. Stat.§ § 14‑34.1 specifically prohibits discharging a weapon into occupied or unoccupied property, including vehicles and buildings, which can be considered either a misdemeanor or a felony, depending on the circumstances. If the unlawful discharge of a firearm was from within or into an enclosure and caused harm, the penalties increase significantly.
Moreover, discharging a firearm within city limits is typically illegal, although specifics can vary by locality. This means if you fire a gun in a populated area, you could be facing charges, even if no one is hurt and no property is damaged.
Felon in Possession of a Firearm
In North Carolina, if you have been convicted of a felony, it is illegal for you to possess a firearm. North Carolina Gen. Stat. § § 14‑415.1 criminalizes forearm ownership regardless of the type of felony conviction as well as possession of a gun anywhere—on your person, in your vehicle, or within your home. Unlike other states, North Carolina’s felon in possession law also prohibits the possession of shotguns and rifles, as well as handguns. It’s crucial to recognize that even if you believe your rights were restored in another state, North Carolina law may still prohibit you from firearm possession.
Violating this law can result in severe penalties, including substantial fines and significant prison time, often with mandatory minimum sentences.
Firearm Assault
Assault with a firearm is considered a violent crime and is treated more seriously than assaults that didn’t involve the use of a weapon. Firearm assault laws cover situations where a firearm was used to threaten or actually inflict physical harm on someone. Depending on the severity and circumstances of the assault, charges can range from misdemeanors, such as assault by pointing a gun, to felonies, such as assault with a deadly weapon with intent to kill.
Convictions under this statute can result in significant penalties, including lengthy prison sentences. If the firearm is discharged, or if the assault results in serious injury, the consequences are typically much harsher.
Unauthorized Possession of a Firearm
North Carolina’s laws around the unauthorized possession of a firearm provide for harsh penalties for those who possess guns without the necessary permits or under circumstances where possession is illegal. This includes carrying a concealed firearm without a valid concealed carry permit, possessing a firearm on certain properties like schools or government buildings, or owning a gun if you fall under specific prohibited categories, such as being a felon or under a restraining order related to domestic violence.
Have You Been Arrested for a North Carolina Firearms Crime?If you were recently charged with a weapons offense, you need a Charlotte gun crimes lawyer who is prepared to take your case as seriously as you do. With over 25 years of experience defending clients facing all types of gun crimes, the Olsinski Law Firm, PLLC, has what it takes to protect your future and your freedom. We take a comprehensive approach to every case we handle, reviewing all the details of your arrest to determine the best possible defense, which may mean arguing officers violated your rights leading up to your arrest. To learn more, and to schedule a free consultation today, call 704-405-2850, or connect with us through our secure online contact form.