Gun Crime Lawyers in Delaware

Feverishly Defending Gun Charge Cases

Delaware has a complex relationship with gun rights. While many of its laws are considered strict in nature (e.g., private sales background checks), some are far looser than we see in other states (e.g., unlicensed open carry). Regardless of your view on such laws, it can be scary when you’re charged with violating a gun-related statute. If you’re currently facing criminal charges related to firearms, a gun crime lawyer in Delaware may be able to help.

At Schwartz & Schwartz, Attorneys at Law, we’ve spent years defending the rights of Delaware citizens and folks in surrounding regions. We understand that a conviction can cause major disruption in a person’s life. Don’t risk your freedom or good name by facing these charges alone. Contact our Delaware criminal defense lawyers for a free consultation today.

How Can a Delaware Gun Crimes Lawyer Help Me?

If you’ve been charged with a gun crime in Delaware, you’re likely wondering what’s the best way to move forward. If you’ve spoken with the prosecutor — or a public defender has relayed their message — you’ve likely been offered a plea bargain. On the surface, this probably seems like a sweet deal. They often come in the form of, “We could charge you with this and give you 5 years, but if you just plead guilty to this, you’ll only get probation.”

Who wouldn’t want to take such a great deal?!? However, it’s rarely as “sweet” of a deal as it seems. Prosecutors often engage in overcharging — or “tacking on” — charges that are unlikely to stick. Perhaps you accidentally gave a firearm to a prohibited individual who later scraped off the serial number, and in such a case, the prosecutor might try to say the serial number was altered while in your possession.

This is just one example of how a Delaware gun crimes lawyer can be so beneficial. They can review your case and see which charges are likely to stick and which are simply “tacked on.” An attorney can also negotiate with the prosecutor to decrease charges, and if your case goes to trial, statistics show that retaining a private attorney improves your odds of acquittal. Most importantly, guilty pleas in gun cases can remove certain civil liberties. Make sure you seek legal advice before making such a decision.

What Are Gun Crimes Under Delaware Law?

When people think of Delaware gun crimes, they typically envision robberies where a firearm was used. While this certainly falls under the umbrella of firearms offenses, it’s far from describing every potential offense under the law. In fact, there are many instances where you may be breaking the law and not even know it. This is a tough pill to swallow, but with a gun crimes lawyer in Delaware on your side, you can fight back against your charges.

Here are the most common firearm-related offenses we see in Delaware courtrooms:

• Unlicensed concealed carry
• Possession during felony commission
• Possession of a deadly weapon by a prohibited person
• Failure of a licensed dealer to perform a background check on an unlicensed person
• Failure of a private seller to perform a background check on a buyer
• Receiving a stolen firearm
• Theft of a firearm
• Giving a firearm to a prohibited individual
• Buying a firearm for a prohibited individual
• Unlawfully allowing a minor to access firearms
• Possession of a weapon inside a school zone
• Removing a firearm from the possession of law enforcement
• Possession of a firearm with an altered or removed serial number
• Possession of a firearm while under the influence of alcohol or drugs
• Failure to report a stolen or lost firearm within 7 days of loss discovery
• Stalking while in possession of a firearm
• Rioting with a deadly weapon
• Possession of destructive weapons (e.g., silencers, machine guns, etc.)

As evidenced in this list, Delaware gun crimes fall into a variety of categories. You may inadvertently commit a crime by simply having a firearm in your possession. Regardless of your unique situation, the law states that you’re innocent until proven guilty. While it may not always seem like that, having a gun crime lawyer on your side can help you better assert these rights.

What Should You Do When Charged With a Delaware Gun Crime?

If you’ve been arrested for a gun crime — or for any crime where you may have had a firearm in your possession — the most important thing is to remain silent. It’s the very first thing a person is told when they’re Mirandized upon arrest. These rights might not be read aloud if police have no intention of questioning you. Regardless, do not admit to anything or even say anything if officers place you under arrest. It’s no exaggeration that they’ll use everything you say against you later.

From this point, it’s imperative that you reach out to a criminal defense attorney. While you aren’t required to have a gun crime lawyer in Delaware, DE, trying to take on the system on your own is never a good idea. Additionally, you’ll find that any attorney from the public defender’s office will likely be overburdened with cases. This isn’t a great thing for you since they’ll have to split their time among many clients. You need representation who can focus on you.

An experienced Delaware criminal defense attorney can help you better navigate the justice system. They can advise you on whether a plea arrangement is appropriate or whether you should go to trial in an attempt to secure an acquittal. The right path forward can vary significantly based on the underlying facts of your case. However, having an experienced legal advocate on your side is never a bad thing.

Contact a Gun Crimes Lawyer in Delaware

When you’re accused of a gun crime in Delaware, it may seem like the deck is stacked against you. The District Attorney will typically offer a plea agreement and promise to reduce charges in exchange for a guilty plea. While this may seem like a great deal on the surface, the fact is that prosecutors rarely have your best interests in mind when making such offers. They may fully recognize a conviction is unlikely, and a plea deal is often their attempt to secure a conviction without a trial.

Don’t fall into this trap. At Schwartz & Schwartz, Attorneys at Law, we’ve seen what can happen when the court system railroads individuals. You deserve a proper defense from an experienced attorney. Contact us today by calling (855) 847-8437 to schedule a free consultation. No one can guarantee how your case will end, but our gun crime lawyers in Delaware will work diligently to secure the best outcome for you.