Many law enforcement agencies and State Attorney's Offices are taking a tough stance and asking for stiffer penalties on weapons and gun charges. For example, in Davidson County, Tennessee, Davidson County District Attorney Glenn Funk announced that any kind of felony firearms related offenses will be heard in Criminal Court, a much more serious environment than General Sessions. Funk promised that offenders will also spend more time behind bars and will be more thoroughly vetted for criminal history.
Having a professional, skilled and highly experienced attorney familiar with weapons charges can be critical to your defense. There are significant restrictions on the constitutional right to bear arms. The laws of Tennessee state what kinds of weapons are permissible, when they can be carried, as well as how they can be carried. There are many legal defenses for weapons charges. And sometimes, the police and prosecution just get these charges wrong! Silva Law challenges the prosecution to prove their case, researches your case thoroughly and files motions to suppress to help defend you.
Possession of a handgun while under the influence:
It is illegal in Tennessee to possess a handgun while under the influence of alcohol or a controlled substance or to carry a handgun while at a bar consuming an alcoholic beverage. In possession of handgun while under the influence cases, the government must provide proof that you were impaired, similar to a DUI. Often, police do not perform any investigations of impairment. Silva Law will fight these cases for you in court and challenge the state's evidence or lack of evidence against you.
Unlawful Carrying or Possession of a Weapon Crimes:
In Tennessee, it is illegal to carry with the intent to go armed a firearm or a club. Depending on the nature of this charge, the crime can be a misdemeanor or even a felony. You may be facing felony charges if you possessed a firearm in a public place or if you are a convicted felon. It is a defense to this charge, for example, to carry the firearm in a motor vehicle. An experienced and skilled attorney can navigate you through this process and advise your of all possible defenses.
Prohibited Weapons in Tennessee:
Tennessee Statutes prohibits the possession, manufacturing, transportation, repair or sale of various weapons including:
(1) An explosive or an explosive weapon;
(2) A device principally designed, made or adapted for delivering or shooting an explosive weapon;
(3) A machine gun;
(4) A short-barrel rifle or shotgun;
(5) A firearm silencer;
(6) Hoax device;
(7) A switchblade knife or knuckles; or
(8) Any other implement for infliction of serious bodily injury or death that has no common lawful purpose.
There are many potential defenses to prohibited weapons charges that a skilled and experienced attorney will advise you on. Depending on the nature of the charge, this crime can be punishable by up to a year in jail or up to thirty years in prison.
Silva law asks the important questions, challenges the prosecution to prove their case and files appropriate motions to suppress to challenge the admissibility of evidence.
Was there a search warrant? We will analyze its validity and litigate.
Was there an illegal seizure? We analyze this on a step-by-step basis.
Was there an illegal search? We file motions to suppress!
What affirmative defenses are there? There are many in weapons cases.
Speak with an experienced Nashville weapons crime Attorney about your case.
Silva Law represents clients in Nashville and the Middle Tennessee area in sessions court and in criminal court for negotiations, motions to suppress and trials. We promise to never stop fighting to you. Silva law offers in-custody visits. To make an appointment with an experienced defense attorney, call 615-258-5541 or email firstname.lastname@example.org.
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