Three Common Weapons Charge Defenses
If you have been charged with a weapons offense in Las Vegas, you need aggressive legal representation right away. Many people make the mistake of thinking weapons are more acceptable or that the laws are more lenient to gun owners in Nevada than in other parts of the country. And while it may be true that Nevada is friendly to gun owners’ rights, there are still rules that limit those rights in certain situations. Given the nature of the gaming industry and the urban setting, there are unique laws that can be a big problem if you fail to understand the rules.
At Lobo Law, we routinely help clients fight and beat criminal charges throughout the Las Vegas region. Call us today if you need help with your charges. Here are three ways a lawyer might be able to help you get your weapons charges reduced or even dismissed.
#1 Unlawful Search
If the police had no reasonable basis to search you, then it’s possible a talented defense attorney could make the argument that any evidence obtained during that unlawful search should also be inadmissible to prove your guilt. This concept is called “fruit of the poisonous tree.” In other words, if the police pulled you over for your race, then performed a search of your vehicle “just to check you out,” they should not be rewarded with any evidence they discover. Doing so would only encourage the government to continue overreaching and violating people’s rights in the future.
#2 Weapons and Trespassing
Under NRS 207.200, trespassing can actually be a pretty serious offense in the State of Nevada. In rural areas, it’s rare to get a serious charge for trespassing, unless there was something else going on, such as a burglary or violent crime. But you can quickly get into trouble in the city, especially in casinos. To make matters worse, your concealed weapons permit from another state may not be valid in Nevada, and casinos may have rules preventing you from bringing a weapon in the building. Unfortunately, carrying a weapon while trespassing can make it a felony. With the help of an attorney, you may be able to show that the government has insufficient evidence that you were indeed trespassing. Thus, absent the trespassing, the weapon’s possession charge may be nothing more than a minor offense.
#3 Weapons and Domestic Violence
People who use a weapon during the commission of a domestic violence incident may quickly find out that the charges become extremely serious. However, sometimes an attorney can pick apart the state’s evidence to discover that the weapon was not actually used in the crime, but merely was in the person’s possession. For instance, a roadside argument that leads to some shoving may still qualify as domestic battery, but if there is a weapon in the car and police choose to connect it to the battery, the defendant can easily end up facing upwards of 15 years or more in prison. This is where having a skilled attorney can make all the difference.
Call Today for More Information
If you are facing a weapon’s charge, don’t leave your future in the government’s hands. Call Lobo Law in Nevada now and find out if we can help.
Resource:
leg.state.nv.us/nrs/nrs-207.html#NRS207Sec200
