Baton Rouge Weapons Crimes Lawyers 

Guns are popular in Louisiana, for everything from self-defense to hunting to going out to a shooting range. Unfortunately, guns can also become involved in crimes. A defendant in these cases faces the real possibility of everything from jail time to the loss of constitutional rights. Our Baton Rouge weapons crime lawyers will fight for their freedom and reputation, exploring every possible avenue of defense. 

Beall & Thies has experienced attorneys, familiar with the different types of weapons crimes and how to investigate and construct a vigorous defense strategy. Call today at (225) 577-6223 or contact us online to set up a consultation.

Common Types of Gun Crimes in Louisiana

The state of Louisiana gives permits for concealed carry, but even with the permit, there are limits on where a gun can be brought. For example, one may not bring their gun to a parade. A person cannot be armed at a public event, including a legal protest. If a gun is brought into a church or private resident, the gun owner must have gained the owner’s prior consent. 

A violation of these rules can result in the charge of “carrying in an unauthorized place”, and conviction can result in up to six months and jail and a fine of $500. 

It’s also possible that an otherwise legal gun could be handled in an improper way. This would be “negligent carry” and it means that a gun is handled in such a way that a reasonable person would expect it to go off and harm someone else. 

While weapons crimes are typically associated with guns, it bears noting that negligence can apply to any other sort of weapon. State law defines criminal negligence in this regard as the handling of anything—be it an object, liquid, or other substance—in a way that a reasonable person would anticipate death or bodily harm to someone else. 

A gun that is actually fired inappropriately can be considered reckless discharge. This is a felony in Louisiana. An example might be shooting off a gun at a party in a residential area or shooting while intoxicated. Conviction on reckless discharge means at least 5 years in jail and perhaps as many as 15 years. 

Carrying a gun while possessing illegal drugs is a crime, even if nothing illegal was done with the gun. The same goes for having a gun while committing another illegal act (e.g., a theft). What this means is that a District Attorney can bring multiple charges—the possession of illegal drugs or whatever illegal act was being performed have minimum sentences all their own. The D.A. might tack the weapons charge on top of it. In this context, the defendant will be faced with an additional 5-10 years of jail time beyond what’s already on the table with the original charges. 

A conviction on the charge of aggravated assault with a firearm means as many as 10 years in jail and a fine as high as $10,000. Keep in mind that assault does not require that the gun have been fired. Assault simply means that the other party involved perceived a threat that the gun would be used, and that this perception was reasonable based on the circumstances. A Baton Rouge weapons crimes attorney that understands the law and how to apply it in specific cases might be the difference between a misunderstanding turning into a felony conviction or securing an acquittal. 

Call Beall & Thies today at (225) 577-6223 or fill out our online form and let us handle the fight for your freedom, your constitutional rights, and your reputation.

Defenses Against Weapons Charges

Every case is different, and the defense strategy used will reflect the unique circumstances each defendant found themselves in. But a common defense strategy is that of self-defense.

Louisiana law clearly states that people have the right to defend themselves. The defense must be reasonable based on the threat, but there is a provision for “justifiable homicide”, wherein even a fatal shooting can be justified on the grounds of self-defense. 

An example might be a person defending their home or property against an armed intruder. Another potential circumstance could involve using a weapon to ward off a potential sexual assault. A person who carries with a concealed permit might have needed to use their gun to stop a physical attack on themselves or their family members.