Have you been arrested for a weapons-related crime in Lexington, KY? If so, do not hesitate to contact the Lexington weapons charges lawyers at Oakley & Oakley, LLC at (859) 254-4035 for immediate assistance. Getting our experienced criminal defense team in your corner can make a massive difference as you prepare to fight for your future.
Give our law office in Lexington, Kentucky a call to arrange a time to discuss your legal rights and options today.
How Oakley & Oakley, LLC, Can Defend You Against Your Weapons Charge in Lexington
Hiring the team of Lexington criminal defense attorneys from Oakley & Oakley, LLC, is a smart way to safeguard your freedom and your future when facing firearm charges in the state of Kentucky. Here are just a few of the many ways we can assist you with your criminal case:
- Provide you with honest answers to your legal questions
- Work tirelessly to secure a reasonable bond for you
- Conduct a thorough investigation into your criminal charges
- Look for evidence that might get your case dismissed
- Protect your rights as US citizen or permanent resident
- Put together a customized defense strategy for your weapons case
- Offer you astute legal advice and guidance as required
- Speak with relevant experts about the details of your case
- Provide you with a detailed overview of the Kentucky legal system
- File legal documents with the criminal court on your behalf
- Work out a plea bargain deal with the state’s prosecuting attorney
- Represent you in criminal court, if necessary
Do you want to have a seasoned criminal defense attorney from Oakley & Oakley, LLC, defend you against criminal weapons charges?
If so, please get in touch with us today to set up a free initial consultation at our Lexington law office.
Our legal team has spent years in the industry and knows how to achieve favorable outcomes in cases like yours.
Understanding Kentucky’s Weapons Laws
The Second Amendment to the United States Constitution gives Kentucky residents the right to bear arms. However, this right is not absolute. State governments have the power to regulate how people may purchase, carry, and use their firearms.
The Bluegrass State details its gun laws in the Kentucky Revised Statutes. This body of regulations includes criminal offenses such as:
Possession of a Firearm By a Convicted Felon
Section 527.040 of the Kentucky Revised Statutes explains that it is illegal for a convicted felon to possess, transport, or manufacture a gun, unless:
- The Governor of Kentucky or the President of the United States handed them a pardon, or
- The United States Secretary of the Treasury granted them relief under the Federal Gun Control Act of 1968
Individuals who violate this Kentucky law are guilty of the possession of a firearm by a convicted felon.
This offense is usually a Class D felony in the state of Kentucky. However, courts may upgrade it to a Class C felony if the weapon was a handgun.
Providing a Firearm to a Convicted Felon
Section 237.070 of the Kentucky Revised Statutes explains that it is illegal for a person to sell or transfer a gun to an individual who they know to be a convicted felon.
If the police catch someone violating this law, they may charge them with providing a firearm to a convicted felon.
The state of Kentucky typically punishes this firearm offense as a Class A misdemeanor.
Possession of a Handgun By a Minor
Section 527.100 of the Kentucky Revised Statutes explains that it is illegal for a person who is younger than 18 years of age to possess, transport, or manufacture a handgun, unless:
- They are at a hunter’s safety course or gun safety course
- They are target shooting at an established firing range
- They are participating in an organized competition
- They are hunting or trapping with a valid license
- They are on private property and has permission from the owner and their parent or guardian
People who violate this law are guilty of the possession of a handgun by a minor.
The state punishes this crime as a Class A misdemeanor for a first offense and a Class D felony for each subsequent offense.
Providing a Handgun to a Minor
Section 527.110 of the Kentucky Revised Statutes explains that it is illegal for a person to provide a handgun to an individual who is younger than 18 years old recklessly, intentionally, or knowingly.
This law also says that it is unlawful for a parent or guardian of a minor to provide them with a handgun:
- While knowing that there is a substantial risk that they will use the weapon to commit a felony offense
- While knowing that a court found their child guilty of committing a violent crime, or
- While knowing that a court adjudicated their child a public offender of a crime of violence
When Kentucky police officers catch someone violating this law, they may charge them with providing a handgun to a minor – a Class D felony.
Defacing a Firearm
Section 527.030 of the Kentucky Revised Statutes explains that it is illegal for a person to file a serial number off of a weapon face or otherwise alter a firearm.
People who violate this statute are guilty of defacing a firearm. The state of Kentucky classifies this offense as a Class A misdemeanor.
Possession of a Weapon on School Property
Section 527.070 of the Kentucky Revised Statutes explains that it is illegal for a person to deposit, possess, or carry any open or concealed weapons on school property.
State law offers exceptions to this law for:
- Adults who possess a firearm that they contain within their vehicle
- Students who are members of the reserve officers training corps
- Peace officers who have the authority to carry a concealed weapon
- People employed by the Armed Forces of the United States
- People who are members of the National Guard
People who violate this Kentucky statute are guilty of the possession of a weapon on school property – a Class D felony.
Were you recently charged with defacing a firearm or unlawfully carrying a concealed weapon on school grounds? Then please get in touch with a knowledgeable attorney from Oakley & Oakley, LLC, as soon as possible. We might be able to use our legal experience to help you get your charge dismissed or reduced.
Consequences of a Gun Crime Conviction in the State of Kentucky
When Kentucky courts find Lexington residents guilty of weapons crimes, they almost always put them behind bars and hand them hefty fines. The exact nature of their punishment depends on the level of their offense:
- Class C Felonies: Up to ten years in state prison and a fine of as much as $10,000
- Class D Felonies: Up to five years in state prison and a fine of as much as $10,000
- Class A Misdemeanors: Up to one year in county jail and a fine of as much as $500
Keep in mind that certain aggravating factors – including having prior convictions, using a weapon to commit an act of domestic violence, or causing severe bodily harm or death – will increase the penalties that you can face.
Of course, the consequences of gun crime convictions don’t stop with jail or prison time and fines. Offenders also receive criminal records that may cause them to experience collateral consequences like:
- Trouble Finding Housing: Landlords in Lexington do not usually want to rent to felons.
- Immigration Issues: The federal government often deports felons after they serve their prison sentence.
- Difficulty Finding a Job: Many employers have policies against hiring convicted criminals.
- Licensing Issues: Professional licensing boards frequently reject applications from people with criminal records.
- Loss of Gun Ownership Rights: Convicted felons do not have the right to buy, carry, or use firearms in Kentucky.
Over the years, the attorneys at Oakley & Oakley, LLC, have represented clients facing a wide range of weapons charges – and have helped many of them escape the consequences outlined above. If you want our team to stand up and fight for you, all you need to do is give us a call.
Defenses Against Kentucky Weapons Charges
It is not at all unusual for Lexington residents who face weapons charges to believe that it is just a matter of time before a court convicts them and sends them to prison. In reality, however, they can often get their charge reduced or even dismissed by:
- Arguing that the prosecutor has not presented enough evidence to convict them
- Proving that the item they possessed was not a deadly weapon
- You had a permit to carry a concealed deadly weapon
- Showing that the police accidentally arrested the wrong person
- Proving that they are not a minor and have the right to carry a gun
Would you like to have an experienced weapon and gun lawyer from Oakley & Oakley, LLC, analyze the details of your case and help you devise an effective defense strategy? Then please give us a call today to set up a free consultation at our law offices in Lexington, KY. Our team is always available to assist our friends and neighbors in Kentucky.
Your Trusted Lexington Weapons Charges Lawyer
Do you need a Lexington weapons charges lawyer to help you battle back against the allegations of the state of Kentucky? If so, please get in touch with Oakley & Oakley, LLC, as soon as possible. We know what it takes to win cases like yours, and we are ready to fight tirelessly for you.