Nashville Weapons Charges Defense Attorney

Your legal warriors when you’re facing a weapons arrest in Nashville

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Facing weapons charges in Nashville can have severe and lasting consequences, making it essential to understand the gravity of such allegations and the importance of a strong defense. A broad range of activities may fall under the category of weapons offenses, from illegal possession to using a firearm in the commission of a crime. Each charge may carry significant penalties that can include lengthy prison sentences and substantial fines. At Waynick Law, we’re fighters. We use the law to provide aggressive protections and legal representation to those accused of weapons charges. Contact us today.

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What are common gun and firearm offenses in Tennessee?

Here in Nashville, prosecutors take gun and firearm offenses very seriously. These charges can lead to significant legal consequences. Here are some of the most common weapons charges.

  • Possession of a firearm by a convicted felon: It’s illegal for individuals convicted of certain felonies to possess a firearm. Typically, the law classifies this charge as a Class C felony, punishable by three to 15 years in prison and fines up to $10,000.
  • Possession of a firearm by a domestic violence offender: Individuals convicted of domestic violence offenses are prohibited from possessing firearms. This charge is classified as a misdemeanor or felony, depending on the specifics of the case.
  • Carrying a firearm with intent to go armed: Carrying a firearm with the intent to go armed in public without a permit is another charge. This is classified as a misdemeanor, punishable by up to 11 months and 29 days in jail and fines up to $2,500.
  • Carrying a firearm in prohibited places: It’s illegal to carry a firearm in places where it’s explicitly prohibited, such as schools, government buildings, and establishments serving alcohol. Penalties vary, with potential charges for this offense ranging from misdemeanors to felonies based on the location and circumstances.
  • Use of a firearm during the commission of a dangerous felony: This charge involves using or displaying a firearm during the commission of certain felonies such as robbery, burglary, or drug trafficking. This offense can result in additional charges and enhanced penalties, including mandatory minimum prison sentences.
  • Aggravated assault with a deadly weapon: Assaulting another person with a firearm or other deadly weapon is classified as a Class C felony, punishable by three to 15 years in prison and fines up to $10,000.
  • Reckless endangerment with a firearm: This involves engaging in conduct that places or may place others in imminent danger of death or serious bodily injury through the use of a firearm. These charges are classified as Class E felonies, punishable by one to 6 years in prison and fines up to $3,000.
  • Providing false information on a firearm purchase application: It is illegal to lie or provide misleading information when purchasing a firearm. This is classified as a felony, with penalties varying based on the nature of the falsehood.
  • Possession of a prohibited weapon: This crime involves possessing weapons that are banned under Tennessee law, such as certain types of automatic firearms or modified weapons. Penalties for this vary from misdemeanors to felonies, depending on the weapon and circumstances.

Understanding these common gun and firearm offenses is essential for anyone facing such charges. The Nashville criminal defense attorneys at Waynick Law can share their legal knowledge with you and help you build a strong defense. We fight to achieve the best outcome for you.

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What weapons are illegal in Nashville?

In Nashville, as part of Tennessee, certain weapons are considered illegal to possess, manufacture, transport, sell, or use. Here is an overview of the weapons that are prohibited:

  • Machine guns: Fully automatic firearms are generally prohibited unless they are registered and regulated under federal law.
  • Short-barreled rifles and shotguns: Rifles with a barrel length of less than 16 inches and shotguns with a barrel length of less than 18 inches are illegal unless they comply with federal regulations and are registered.
  • Explosive weapons: Devices designed to explode and cause injury or damage, such as grenades, bombs, and mines, are illegal.
  • Silencers: Devices designed to muffle or silence the sound of a gunshot are illegal unless they are registered and regulated under federal law.
  • Switchblades and knives with blades longer than four inches: Switchblade knives and certain other types of knives with blades exceeding four inches are prohibited in certain public areas.
  • Brass knuckles: Possession of brass knuckles, also known as "metal knuckles," is illegal.
  • Blackjacks and billy clubs: These are considered illegal weapons unless used by law enforcement officers.
  • Improvised explosive devices (IEDs): Homemade explosive devices intended to cause harm or damage are strictly illegal.

Understanding which weapons are illegal and the circumstances that prohibit possession is vital to avoiding serious legal consequences. If you’re facing charges related to illegal weapons possession or use in Nashville, our criminal defense attorneys can fight to protect you and your future.

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What are the penalties for a felony weapons conviction in Nashville?

The penalties for a felony weapons conviction in Nashville can be severe and vary depending on the specific offense, circumstances, and the defendant's prior criminal history. Here are the general penalties associated with felony weapons convictions:

  • Class E felony: These include lesser felony offenses such as reckless endangerment with a firearm or possession of a firearm by a person convicted of certain misdemeanors. Penalties range from one to six years in prison and fines up to $3,000.
  • Class D felony: These include more serious offenses such as unlawful possession of a firearm by a felon. Penalties may range from two to 12 years in prison and fines up to $5,000.
  • Class C felony: These include offenses like aggravated assault with a deadly weapon or certain firearm possession crimes involving previous domestic violence convictions. Penalties can range from three to 15 years in prison and fines up to $10,000.
  • Class B felony: These include especially serious offenses such as possession of a machine gun with intent to commit a felony or use of a firearm during the commission of a dangerous felony. Penalties range from eight to 30 years in prison and fines up to $25,000.
  • Class A felony: These are the most serious offenses, although they are rare for weapons charges alone. Examples could include crimes where a firearm is used in conjunction with other severe felonies (e.g., armed robbery leading to serious injury or death). Penalties are much higher, ranging from 15 to 60 years in prison, and fines are up to $50,000.

There are also additional penalties and consequences:

  • Mandatory minimum sentences: Certain weapons offenses carry mandatory minimum sentences, especially if the crime involves the use of a firearm during the commission of a felony.
  • Enhanced penalties for repeat offenders: Repeat offenders may face enhanced penalties, including longer prison sentences and higher fines.
  • Loss of firearm rights: Convicted felons are generally prohibited from possessing firearms, and this prohibition can be lifelong for certain offenses.
  • Loss of civil rights: Felony convictions can result in the loss of certain civil rights, including the right to vote, hold public office, and serve on a jury.
  • Employment and housing: Felony convictions can significantly impact your ability to secure employment or housing, as many employers and landlords conduct background checks.

Given the serious nature of felony weapons charges and the potential for long-lasting consequences, finding a dedicated criminal defense lawyer is vital. The Nashville criminal defense attorneys from Waynick Law take the time to learn about your situation, and to come up with strategies for fighting back to protect you, your rights, and your future.

Will I lose my right to carry a firearm if I’m arrested or convicted of a crime?

In Tennessee, an arrest or a conviction can impact your right to carry a firearm. The specifics will depend on the nature of the crime and the outcome of your case. An arrest alone won’t necessarily result in the loss of firearm rights. However, depending on the charges, a court may impose temporary restrictions as a condition of bail or pretrial release. For example, if you’re arrested for a violent crime or domestic violence, the court might prohibit you from possessing firearms while your case is pending.

A conviction, on the other hand, can have more lasting effects on your firearm rights. For misdemeanor convictions, the impact varies. A misdemeanor domestic violence conviction results in a permanent loss of firearm rights under federal law, prohibiting you from owning, possessing, or purchasing firearms. Other misdemeanor convictions generally don’t result in the loss of firearm rights unless they are related to weapons offenses or the court imposes specific restrictions.

Felony convictions have a more severe impact. Conviction of any felony in Tennessee results in the loss of firearm rights. As a convicted felon, you are prohibited from owning, possessing, or purchasing firearms under both state and federal law. While there are limited options for restoring these rights, such as a pardon from the governor, expungement of the conviction, or legal restoration processes, the process is complicated, and there is no guarantee of success. Our Nashville criminal defense attorneys can explain more about this process and whether you might have a chance to challenge restrictions on your rights.

Additionally, if you are subject to a domestic violence order of protection, you are prohibited from possessing firearms for the duration of the order. Federal law also imposes further restrictions, prohibiting firearm possession for individuals convicted of a felony or a misdemeanor domestic violence offense, those under restraining orders for domestic abuse, and fugitives from justice.

Given the serious implications of losing your firearm rights, it is vital to seek legal advice if you are arrested or facing criminal charges. At Waynick Law in Nashville, we’re here to help.

How can your Nashville weapons charges defense attorney help me with my case?

Facing weapons charges in Nashville can be daunting, but a skilled defense attorney can make a significant difference in the outcome of your case. Here are several ways a Nashville weapons charges defense attorney can help you:

  • Comprehensive case evaluation: Your attorney will start by conducting a thorough evaluation of your case. This involves reviewing all the details surrounding your arrest, the charges against you, and the prosecution’s evidence. By understanding every aspect of your case, we can identify potential weaknesses in the prosecution's argument and develop a tailored defense strategy.
  • Challenging the evidence: One of the key roles of a defense attorney is to scrutinize the evidence presented by the prosecution. This includes questioning the legality of how the evidence was obtained. If there were any violations of your constitutional rights, such as illegal searches or seizures, our team can file motions to suppress this evidence, which could lead to the charges being reduced or dismissed.
  • Negotiating plea bargains: In some cases, negotiating a plea bargain may be in your best interest. Experienced defense attorneys can negotiate with the prosecution to secure a plea deal that might involve reduced charges or a lighter sentence. We take the time to decide if a plea bargain is right for you and will suggest that you choose the best option. However, we won’t back down if we think we have a better chance in court.
  • Representing you in court: If your case goes to trial, your defense attorney will represent you in court, presenting your defense to the judge and jury. This includes cross-examining prosecution witnesses, presenting evidence and witnesses in your favor, and making compelling arguments to cast doubt on the prosecution's case. At Waynick Law, we are aggressive litigators who are always willing to battle it out in court to protect your interests.
  • Skilled legal guidance: Throughout the legal process, your attorney will offer advice and guidance. We know that we can only offer the best advice if we take the time to truly listen to you, so we keep open lines of communication with our clients so that we can explain the charges, potential penalties, and your legal options. With detailed knowledge, you can be empowered and make informed decisions about your defense strategy and overall approach to your case.
  • Protecting your rights: Your defense attorney will fight to protect your constitutional rights throughout the legal process. We’re looking out for you to make sure that you receive a fair trial, are treated with respect, and aren’t subjected to bullying or unlawful and coercive tactics by law enforcement or the prosecution.
  • Mitigating penalties: If a conviction is unavoidable, your attorney can work to mitigate the penalties you face. We may present mitigating factors, such as your lack of prior criminal history or your positive contributions to the community, which help us argue for a more lenient sentence.

Having a dedicated and experienced Nashville weapons charges defense attorney by your side can significantly impact the outcome of your case. Your legal representative shields you from wrongful actions that may violate your rights and provides the expertise, advocacy, and support you need to fight back and defend yourself.

Do you have a Nashville weapons charges defense attorney near me?

Waynick Law PLLC serves clients out of its offices at 95 White Bridge Road, 5th Floor – Suite 512B, Nashville, TN 37205 and 504 E. College Street, Dickson, TN 37055. If you are unable to come to our offices, reach out so we can discuss other options.

Facing weapons charges in Nashville? Call us today

If you're facing weapons charges in Nashville, don't leave your future to chance—contact the skilled Nashville weapons charges defense attorney at Waynick Law today. With comprehensive legal resources, dedicated advocacy, and a personalized defense strategy, we can protect your rights, challenge the evidence against you, and fight for the best possible outcome in your case. Take the first step towards securing your defense by scheduling a consultation now. To schedule a meeting with an experienced criminal defense warrior, simply call our offices or fill out our contact form.