Possess Prohibited Weapon Charges
Possess a Prohibited Weapon covers a range of weapons covered from knives and knuckle dusters to bombs, rockets and flame throwers. It is an offence that varies greatly in seriousness depending on what is possessed despite all weapons being subject to the same maximum penalty of 14 years imprisonment.
Our criminal lawyers know how to beat Possess prohibited weapon charges. Weapon charges can be beaten especially if there is no DNA or fingerprints on the firearm. It can be difficult for the police to prove a weapon is yours if it is found in a home or car used by more than one person.
How do I beat a charge of Possess a Prohibited Weapon?
You will be found not guilty of the offence of Possess prohibited weapon if the police cannot prove beyond reasonable doubt:
- You knowingly possessed a prohibited weapon.
- You were not authorised to do so.
Possession of a weapon charges include any case in which a person knowingly has custody of the weapon or has the weapon in the custody of another person. It also includes the weapon in or on any premises, place, vehicle, vessel or aircraft, whether or not belonging to or occupied by the person.
Pleading guilty to weapons possession charges
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. One of our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts, or even a less serious charge.
Possess prohibited firearm charges carry a maximum penalty of two years imprisonment in the Local Court and 14 years imprisonment in the District Court. These penalties are typically reserved for the worst offenders.
Our criminal lawyers are known for there ability to get non convictions, meaning no criminal record, for guilty pleas.
Do I need references if pleading guilty to a weapons offence?
We believe references are an extremely important part of a plea of guilty in court. They regularly impact the severity of the punishment issued by the court and so are highly recommended by our team. Read more about court process and how to write a good reference here.
Why choose Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best outcome possible for weapons offences. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or jail.
To discuss your charge of Possess prohibited weapon, call Australian Criminal Law Group at our Sydney, Parramatta, and Blacktown offices on (02) 8815 8167, email us at email@example.com or make a website inquiry today.
Australian Criminal Law Group represented a man charged with possessing knuckle dusters. He was arrested at court when they were detected by the metal detector scanner as he entered court for a different case. Our solicitor argued that the man had forgotten the knuckle dusters were in the bag because many years had passed since he put them there. The Magistrate accepted the explanation and the offence was dismissed without a conviction being recorded.
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.
Joseph Correy represented a client charge with possession of a prohibited weapon due to his purchase of a Gel Blaster. Joseph had the charges dropped, arguing that advertising and the fact that gel blasters are considered a toy in QLD were to blame. Read about this case in our blog.