Raleigh Weapons Defense
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While the Second Amendment to the U.S. Constitution protects the right of all American citizens to keep and bear arms, the state of North Carolina may limit that right. State laws are designed to ensure the safe and proper use of weapons, but it is not uncommon for a person who was simply trying to protect his or her family to unexpectedly be facing criminal charges.
Any conviction for a firearm offense can have a significant impact on a person's life, including possible imprisonment, heavy fines, and a criminal record. Despite the possibly severe consequences associated with gun charges, it is important to remember that the prosecution is required to prove your guilt beyond a reasonable doubt. You can give yourself the best chance at having the charges against you reduced or even dismissed by hiring skilled legal representation.
Raleigh Weapons Charges Lawyer
Clifford Law Group defends clients all over the Raleigh area against weapons crimes. We represent people accused of firearm offenses in Orange County, Wake County, and Durham County.
Our Raleigh criminal defense attorneys will aggressively challenge the evidence of the prosecution and expose any weaknesses of the case against you. We will provide a complete review of your case to help you understand your legal options when you call (919) 842-5461 to set up a free, confidential consultation.
Types of Weapons Charges in North Carolina
Weapon and firearm offenses in North Carolina include:
- Carrying a Concealed Weapon Without Permit - North Carolina General Statute § 14-269 makes it illegal for any person to willfully and intentionally carry any concealed bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shuriken, stun gun, or other deadly weapon of like kind. This is a Class 2 misdemeanor, but a second offense in which the weapon is any pistol or gun is a Class I felony.
- Possession of Firearm by a Felon - North Carolina General Statute § 14-415.1 makes it illegal for any person who has been convicted of a felony to purchase, own, possess, or have in his or her custody, care, or control any firearm. This is a Class G felony.
- Carrying Weapons Into Assemblies and Establishments Where Alcoholic Beverages Are Sold and Consumed - Class 1 misdemeanor under North Carolina General Statute § 14-269.3.
- Alteration, Destruction, or Removal of Serial Number from Firearm; Possession of Firearm with Serial Number Removed - Class H felony under North Carolina General Statute § 14-160.2.
- Purchase or Possession of Firearms by Person Subject to Domestic Violence Order Prohibited - Class H felony under North Carolina General Statute § 14-269.8.
- Robbery with Firearms or Other Dangerous Weapons - Class D felony under North Carolina General Statute § 14-87.
- Discharging a Firearm from within an Enclosure - Class E felony under North Carolina General Statute § 14-34.9.
- Discharge Firearm within Enclosure to Incite Fear - Class F felony under North Carolina General Statute § 14-34.10.
- Assault with a Firearm on a Law Enforcement, Probation, or Parole Officer or on a Person Employed at a State or Local Detention Facility - Class E felony under North Carolina General Statute § 14-34.5.
- Assault with a Firearm or Other Deadly Weapon Upon Governmental Officers or Employees, Company Police Officers, or Campus Police Officers - Class F felony under North Carolina General Statute § 14-34.2.
- Solicit Unlawful Purchase of Firearm; Unlawful to Provide Materially False Information Regarding Legality of Firearm or Ammunition Transfer - Class F felony under North Carolina General Statute § 14-408.1.
- Permitting Young Children to Use Dangerous Firearms - Class 2 misdemeanor under North Carolina General Statute § 14-316.
- Felonious Assault with Deadly Weapon with Intent to Kill or Inflicting Serious Injury - Under North Carolina General Statute § 14-32, it is a Class C felony for any person to assault another person with a deadly weapon with the intent to kill and inflict serious injury. It is a Class E felony for any person who assaults another person with a deadly weapon and inflicts serious injury or assaults another person with a deadly weapon with intent to kill.
- Discharging Certain Barreled Weapons or a Firearm into Occupied Property - Under North Carolina General Statute § 14-34.1, it is a Class E felony for any person to willfully or wantonly discharge or attempt to discharge any firearm or barreled weapon into any building, structure, vehicle, aircraft, watercraft, or other conveyance, device, equipment, erection, or enclosure while it is occupied. If a person discharges a weapon into an occupied dwelling or into any occupied vehicle, aircraft, watercraft, or other conveyance that is in operation, this is a Class D felony. If this violation results in serious bodily injury to any person, this is a Class C felony.
- Possession of Dangerous Weapon in Prison - Under North Carolina General Statute § 14-258.2, it is a Class H felony for any person in the custody of the Section of Prisons of the Division of Adult Correction or local confinement facility to fabricate, create, or have in his or her possession without permission or authorization a weapon capable of inflicting serious bodily injuries or death. Any person who commits any assault with such weapon and thereby inflicts bodily injury or by the use of said weapon effects an escape or rescue from imprisonment shall be punished as a Class F felon. It is a Class H felony if any person assists a prisoner in custody in escaping or attempting to escape, and either commits an assault with a deadly weapon and inflicts bodily injury in the perpetration of the escape or attempted escape or effects the escape of the prisoner by the use of a deadly weapon.
- Weapons on Campus or Other Educational Property - Under North Carolina General Statute § 14-269.2, it is a Class I felony for any person knowingly to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property or to a curricular or extracurricular activity sponsored by a school. It is a Class F felony for any person who willfully discharges a firearm of any kind on educational property. It is a Class G felony for any person to possess or carry, whether openly or concealed, any dynamite cartridge, bomb, grenade, mine, or powerful explosive on educational property or to a curricular or extracurricular activity sponsored by a school.
- It is a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. It is a Class G felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any dynamite cartridge, bomb, grenade, mine, or powerful explosive on educational property. It is a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, or to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slungshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
- Weapons on Certain State Property and in Courthouses - Class 2 misdemeanor under North Carolina General Statute § 14-269.4.
- Selling or giving weapons to minors - Under North Carolina General Statute § 14-315, the sale of weapons other than handguns is a Class 1 misdemeanor. The sale of handguns is a Class H felony.
- Sale of certain weapons without permit forbidden - Class 2 misdemeanor under § 14-402.
Call (919) 842-5461 today to speak to a skilled Raleigh criminal defense attorney.
If you are facing a complex legal matter, it is vital that you retain the immediate representation of Clifford Law Group. The right attorney may make all the difference in the outcome of your case. Make the smart choice – enlist the supportive assistance of our Raleigh natives today.
Penalties for Wake County Weapons Charges
In North Carolina, a judge can impose one of three types of punishments for misdemeanor offenses. An "active" punishment involves a period of imprisonment, an "intermediate" punishment is often a combination of a period of supervised probation and some other requirement such as community service or a treatment program, and a "community" punishment is the least restrictive of the three, possibly involving a period of unsupervised probation with another requirement.
As it applies to weapon crimes, misdemeanor sentences have the following ranges, depending on an alleged offender's criminal history:
- Class 1 Misdemeanor - 1 to 120 days
- Class 2 Misdemeanor - 1 to 60 days
- Class 3 Misdemeanor - 1 to 20 days
In regards to felonies, North Carolina has a complicated "structured sentencing" form of punishment for convicted offenders. This method of sentencing assigns people points depending on the severity of the crimes they have been convicted of committing as well as their prior criminal histories. A person with more points faces a much stiffer sentence.
While the prison sentences for felony offenders can be lower in mitigated ranges or higher in aggravated ranges, the presumptive ranges for felony convictions typically relating to weapons crimes are as follows:
- Class C Felony - 58 to 146 months
- Class D Felony - 51 to 128 months
- Class E Felony - 20 to 50 months
- Class F Felony - 13 to 33 months
- Class G Felony - 10 to 25 months
- Class H Felony - 5 to 20 months
- Class I Felony - 4 to 10 months
Raleigh-Durham-Chapel Hill Weapons Charges Resources
Wake County Sheriff's Office - The website for law enforcement in Wake County provides online applications for concealed handgun permits, pistol purchase permits, and more.
330 South Salisbury Street
Raleigh, North Carolina
Phone: (919) 856-6900
North Carolina Wildlife Resources Commission - Hunting information such as seasons, licenses, and safety requirements can be found on this website of the state government agency responsible for conserving and sustaining North Carolina's fish and wildlife resources.
1751 Varsity Drive
Raleigh, North Carolina 27606
Phone: (919) 707-0010
North Carolinians Against Gun Violence - Website of statewide nonprofit organization dedicated to reducing gun deaths and injuries includes fact sheets, volunteer packets, and resources for teachers.
3622 Lyckan Pkwy
Durham, North Carolina 27707
Phone: (919) 403-7665
Clifford Law Group | Raleigh Weapons Charges Attorney
If you have been charged with any sort of weapons offense in North Carolina, you should immediately seek the help of an experienced criminal defense attorney. Clifford Law Group fights to defend clients in communities such as Apex, Carrboro, Cary, Chapel Hill, Durham, Hillsborough, Raleigh, and Wake Forest. Raleigh criminal defense lawyers Nicholas Clifford and Veronica Bayó Clifford will work closely with you and maintain an open line of communication so you are always aware of what is happening with your case.
Call our firm today at (919) 842-5461 to schedule a free legal consultation that will let us review your case and see how we can help secure the most favorable outcome to your case so you move on with your life.