Criminal lawyers for Possess prohibited firearm
Any offence involving guns is extremely serious. It puts you at serious risk of being sentenced to prison, potentially for a long time unless you have a good criminal lawyer. Possess prohibited firearm charges can be beaten, especially if there is no DNA or fingerprints on the firearm. Most people do not walk around with a pistol in their holster. It can be difficult for the police to prove a gun is yours if it’s found in a home or car used by more than one person.
Australian Criminal Law Group are experts at defending gun charges and for these sorts of offences you need an experienced criminal lawyer to handle your case. It can be the difference between freedom and prison.
If you intend to plead guilty to Possess prohibited firearm our criminal lawyers put together the strongest cases on sentence. We use the best counsel to lower the sentence and keep you out of jail.
How do I beat a charge of possessing a prohibited firearm?
You will be found not guilty of the offence of Possess prohibited firearm if the police cannot prove beyond reasonable doubt:
- You knowingly possessed or used a prohibited firearm/pistol.
- You were not authorised to do so by a licence or permit.
Possession of a firearm includes any case in which a person knowingly has custody of the firearm, or has the firearm in the custody of another person., It also includes the firearm in or on any premises, place, vehicle, vessel or aircraft, whether or not belonging to or occupied by the person.
Where the police allege you had exclusive possession of a pistol but the pistol is found in a communal place, police must negate possession on the part of any other person, e.g. other occupants of the house which you live or in a car to which multiple people had access.
If you agree that you have committed the offence and the police are able to prove so, it is best to plead guilty. You will normally receive a discount on your sentence, and it will demonstrate remorse and contrition. Our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts, or even a less serious charge.
The charge ofPossess prohibited firearm carries a maximum penalty of two years imprisonment and/or a fine of $5,500.00 in the Local Court and 14 years imprisonment in the District Court. These penalties are typically reserved for the worst offenders. Possess prohibited firearm is an extremely serious offence and carries a standard non parole period. If you are charged with Possess prohibited firearm you should contact our office immediately.
You can read about all the sentencing options that a court has, including about not having a conviction recorded here.
Why choose Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best outcome possible for firearms offences. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or jail. To read more about Australian Criminal Law Group, click here.
To discuss your charge of possess prohibited firearm, call Australian Criminal Law Group at our Sydney, Parramatta, and Blacktown offices or make a website inquiry today.
Joseph Correy represented a client charged with possessing a 9mm pistol. The case against him involved significant amounts of intercepted phone calls in which he was heard sourcing the firearm. Mr Correy obtained additional calls not initially disclosed by the police. These demonstrated that our client was in fear for his safety at the time he sought to obtain the firearm. Police records of a home invasion against him were also obtained. The sentencing judge found that our client was under significant stress at the time he sourced the pistol and did not send him to jail.
Mr Harb represented a man charged with two counts of possessing an unauthorised firearm each carrying a sentence of 14 years imprisonment. The judge took into account that the man had given evidence in unrelated matters. The judge also found that him having the guns was for the purpose of protection. Even though still illegal the judge took this into account and gave a two-year suspended sentence.
One of our criminal lawyers represented a young man charged with possessing 8 prohibited firearms. He was stopped by police and the firearms were found in his car. Evidence was called to establish that our client had no criminal associations or criminal record. It was established that he was a keen hunter and firearm enthusiast, who had legally obtained weapons. The court accepted our clients’ actions. They were not typical of similar cases where there is a risk the firearms will be used for illegal activity. The court accepted the weapons formed part of a collection exclusively used for otherwise legal hunting. The court imposed and intensive correction order and did not send our client to jail.