Use of a Firearm During a Crime

The use of a firearm during the commission of a crime introduces severe legal complexities and heightens the seriousness of the charges. From a defense perspective, an attorney’s approach must strategically address both the firearm’s presence and its role in the alleged crime. A primary objective of federal criminal defense attorney Nate Crowley is often to mitigate the impact of firearm-related sentencing enhancements that can significantly increase penalties.

Defense Strategies for Criminal Use of A Firearm

One defense strategy may focus on the defendant’s intent. If the firearm was present but not intended for use in furtherance of the crime, the defense could argue that its presence was incidental, not instrumental to the offense. Establishing that the defendant neither brandished nor discharged the weapon, and did not intend to use it to intimidate or harm, may support this claim. Additionally, proving that the firearm was unloaded, inoperable, or otherwise incapable of causing harm could potentially reduce the severity of charges.

Another avenue of defense centers on the legality of firearm possession. If the defendant was lawfully permitted to carry the firearm—perhaps as a licensed gun owner—the defense could argue that possession alone does not establish intent to use it criminally. However, this strategy must be carefully considered within the broader context of the alleged crime to avoid suggesting guilt by association with the weapon.

In cases where the defendant did not possess the firearm personally, the defense might argue misidentification, lack of possession, or lack of awareness. This line of defense is particularly useful when the firearm belonged to another individual involved in the incident, distancing the defendant from responsibility for its use or presence.

In all cases, criminal defense lawyer Nate Crowley will thoroughly investigate the circumstances surrounding the firearm’s involvement and seek to challenge any prosecutorial claims that the weapon’s presence implied intent to harm or escalate a criminal act.

Use of a Firearm to Commit an Offense in California

In California, using a firearm during the commission of a crime significantly elevates the severity of charges and potential penalties. California Penal Code Sections 12022 and 12022.5 impose additional prison terms for offenses involving firearms, with enhancements that can add years to a sentence depending on the firearm’s use. For example, brandishing a firearm during a felony can lead to a three to ten-year sentence enhancement, while firing a weapon may result in even longer sentences.

In cases involving serious crimes, such as robbery or assault, firearm use can escalate the charge to “aggravated” or “enhanced” levels, substantially increasing penalties.

The defense strategies deployed by San Diego California lawyer Nate Crowley often focus on challenging whether the firearm was used or whether the defendant had intent to use it in furtherance of the crime. Proving that the weapon was inoperable, legally possessed, or not intended for intimidation may help mitigate these enhanced penalties.

Did You Commit a Crime With a Firearm? Contact Federal Criminal Defense Attorney Nate Crowley.

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