Weapons Charges Defense Attorney in Dayton, OH

O.R.C. § 2923.12: Ohio residents can legally carry a concealed weapon without a permit if over 21 and not prohibited from doing so. The option of acquiring a concealed carry license also exists. Regardless, Ohio residents are required to follow certain rules while carrying a concealed handgun or face this first-degree misdemeanor charge.

O.R.C. § 2923.122: Deadly weapons are not allowed in school safety zones, such as school parking lots, buildings, sports fields, and bus loading zones. They are also prohibited at school activities and events. Even if you have a concealed carry permit, you can be charged with having an illegal firearm in a school safety zone or at a school activity if you do not follow strict procedures. Unfortunately, there is much confusion in this area, leading to unfounded or overzealous charges.

O.R.C. § 2923.13: A prohibited person carrying or otherwise possessing a firearm can face third-degree felony charges requiring up to 36 months in prison.

O.R.C. § 2923.15: Using a firearm while intoxicated by alcohol or drugs of abuse is expressly prohibited in Ohio. It is also illegal to carry a firearm while intoxicated, even if you don’t use it.

O.R.C. § 2923.16: This particular charge covers a wide range of actions relating to the handling of a firearm while in a motor vehicle. It makes it a fourth-degree felony to fire a gun from a motor vehicle, transport an accessible gun, fail to alert law enforcement officers of a gun during a police stop, and other actions.

O.R.C. § 2923.20: You can be charged with a felony if you purchase a handgun from a person who is prohibited from possessing a firearm or selling one to them. You can be charged even if you did not specifically intend to engage in a transaction with said person.

O.R.C. § 2923.211; O.R.C. § 2923.21: In Ohio, it is illegal to sell or provide a firearm to a person under the age of 18. It is also prohibited for a minor to purchase or attempt to purchase a firearm. Additionally, handgun transactions, including buying, selling, furnishing, and procuring, are illegal for individuals under the age of 21. Fifth-degree felony charges could result.

You cannot be convicted of a weapons charge in Ohio if you did not actively or constructively possess a weapon. If possession issues arise, we immediately attack the evidence to show that possession did not occur.

As a stand-your-ground state, Ohio does not require a person to retreat when in fear of their life or serious bodily harm.

Law enforcement officers are bound by the Fourth Amendment when enforcing Ohio gun laws. The amendment requires the police to refrain from unreasonable searches and seizures. When police illegally search and seize evidence, our team fights to have the evidence thrown out.

The police are required to advise you of your Miranda Rights during an arrest. If they fail to tell you of these rights, the words you utter during or after your arrest can be excluded from court.

Witness testimony can be extremely unreliable, leading to cases of mistaken identity. Unfair lineup procedures can also cause a witness to identify an innocent person as a suspect. A strong defense in these cases attacks and dismantles the faulty evidence.

The police sometimes overreach when engaged in violent and drug trafficking crime enforcement. When they do, your defense lawyer will seek to hold them accountable and get the evidence excluded.

During every interaction with the police, the state must afford you the due process you deserve, from your initial contact until your case is resolved.