Understanding Weapons Offenses in South Carolina

Facing any type of criminal charges is a serious matter, and weapons offenses in particular have the potential to seriously affect every area of your life. These types of offenses remain on your criminal record, impacting your ability to obtain employment, your eligibility for student loans or a mortgage, and even preventing you from renting a home or apartment. In addition, you could be facing significant jail time, while fines and court costs wreak havoc with your finances. At Lauren Taylor Law, our Greenville criminal defense attorney understands the ramifications you could be facing as a result of your charges, and provides a strong legal defense to help defend your rights and avoid a conviction.   

Weapons Offenses In South Carolina

While the state of South Carolina takes a strong legal stand in terms of residents having the ability to protect themselves, it also takes a firm position when it comes to weapons offenses. Under Chapter 23 of the South Carolina Code of Laws , the list of offenses involving weapons is a long one, and includes not only firearms, such as handguns and rifles, and weapons such as blackjacks or brass knuckles, but also items which could be used as a weapon, such as a knife, metal pipe or a baseball bat. Simply having these types of items on yourself or in your vehicle can get you into serious trouble with the law, and depending on the type of weapon and where you carry it, you could find yourself facing felony charges. Under Section 16-23-460 of SC Code of Laws , the Summary Court bench Book lists the following common types of weapons charges, as well as their potential penalties:

• Carrying a Concealed Weapon : Unclassified misdemeanor, fines up to $500 and as much as 90 days’ jail time
• Carrying Weapons On School Property : Class F felony, fines up to $1,000 and imprisonment up to five years.
• Resisting Arrest With Threat Of Deadly Weapon : Class E felony, imprisonment up to ten years.

Being accused of using any type of weapon during the commission of a crime, such as during an assault or robbery, makes the crime itself a more serious matter. Even a minor fight or brawl could end up in felony charges and mandatory jail time if the prosecution can prove that you used a weapon during the crime, or had one in your possession.

Gun Possession Offenses

While your right to own a gun is protected by the Bill of Rights and the Second Amendment to the US Constitution , each state determines its own regulations governing the use and possession of firearms. In South Carolina, a permit is not required to purchase a handgun or rifle, but there are certain people who are restricted from purchasing guns within the state. Under Section 16-23-30 of the SC Code , it is illegal to sell a firearm to anyone who has been previously convicted of a violent crime, shown to be a member of a subversive organization, shown unfit to carry a firearm by a circuit or county court judge, or anyone under the age of 18. In addition, you will need a permit authorizing you to carry a gun from the South Carolina Law Enforcement Division (SLED) . Simply carrying a handgun without a permit could result in misdemeanor charges, with fines as much as $1,000 and a jail sentence up to a year. Under the SC Bench Book instructions, weapons offenses involving guns that can result in felony charges, punishable by fines and up to five years’ imprisonment, include the following:

• Providing false information on a license application;
• Pointing a firearm at another person;
• Being in position of a stolen gun or pistol;
• Having a firearm in a public building; and
• Discharging a firearm into or at a vehicle or dwelling.

How an Aggressive Criminal Defense Attorney Can Help

The right to carry a weapon and to defend yourself and your loved ones have become increasingly volatile issues, both in South Carolina and throughout the US. These rights, as well as your intent in a particular situation, may be the central issues in defending you against weapons offenses charges and having those charges reduced or dismissed. In terms of providing an aggressive legal defense, the first steps involve arranging for bond hearings so that you can be released from jail while you await trial. A preliminary hearing can be requested to see the evidence the state has against you to determine if there is a basis for the charges. Once it is determined that your case will go to court, our criminal defense attorney can begin compiling evidence and testimony in your defense. In negotiations with the prosecuting attorney, the following issues may be raised:

• Threats to your property or to you and your family’s personal safety that required you to obtain or use a weapon is self-defense;
• Evidence showing that the weapon you are accused of having or using was not in your possession; and
• Evidence showing that a weapon that while a weapon was in your possession, it was not used to threaten or intimidate others.

Any of the above arguments may be strong enough to have your case settled or dismissed prior to going to court. In the event that a conviction is likely, additional evidence and testimony can be presented in favor of granting a reduced sentence and avoiding jail time.   

Contact Our Experienced Greenville Criminal Defense Attorney Today

If you or someone you care about is facing criminal charges for a weapons offense, contact our experienced South Carolina criminal defense attorney right away. At a time like this, you need aggressive legal representation to ensure your rights and freedoms are protected. Greenville attorney Lauren M. Taylor has the legal knowledge and expertise to assist you in strategizing your best course of defense, helping you to avoid costly fines, potential jail time, and the serious ramifications that can result from a criminal record.