Omaha gun law penalties range from misdemeanor fines to felony jail time. If the courts perceive the accused to be a bad character or to have had malicious intent, the accused will likely be charged with a felony. For this reason, a person who is charged with violating Omaha gun laws should consult with a skilled attorney from Berry Law Firm to reduce their possible criminal penalties.
There are several factors that influence the penalties for gun offenses. Generally, an individual will receive less harsh penalties if they are of good character and made an honest mistake.
Prosecutors often seek to either prohibit the perpetrator from owning guns in the future or to confiscate the firearms that were relevant to the crime. Sometimes, intention is more important to the courts than whether the individual serves jail time.
Misdemeanors Versus Felonies
In Omaha, there are two laws that criminalize possessing a firearm in a gun-free zone: one imposes misdemeanor penalties, while the other labels the crime as a felony.
Law enforcement often charges an individual in violation of Omaha’s gun laws with a felony. However, the accused party will have a better chance at pleading that down to a misdemeanor with adequate representation. For instance, a technical violation, which involves an otherwise honest mistake by a law-abiding citizen, is more likely to be ruled down to a misdemeanor.
Additional penalties that may apply for a person found guilty of gun offenses in Omaha include civil penalties such as loss of firearm rights or the loss of privilege to obtain a concealed carry permit. These restrictions may be more important to an individual than the penalties themselves.
For instance, if an individual is charged with a misdemeanor gun ordinance violation in Omaha and they are a concealed carry holder, they would be less concerned about the $300 fine than they would be about losing their concealed carry privileges.
Someone could even lose their job under these statutes. A police officer who unlawfully possesses a firearm would ultimately lose their job. A member of the military can also be discharged under dishonorable circumstances for the illegal possession of a gun.
Unlawful Discharge of a Firearm
In the city of Omaha, the penalty for unlawful discharge of a firearm is a maximum of one year in jail with a misdemeanor charge. The penalties for unlawful discharge of a firearm in a gun-free zone may be more severe.
For example, one may be charged with a felony for possessing a firearm in a gun-free zone in addition to the misdemeanor consequences. If he or she kills or seriously hurts somebody, he or she could be charged with assault and possession.
Ask an Attorney about Omaha Gun Law Penalties
Whether you need assistance with proving your innocence, fulfilling procedural requirements, or understanding the impact a conviction can have on your rights and employment, one of our attorneys can help create a defense for your Omaha gun law penalties. If you try to do this on your own, your chances of success diminish greatly because of the complicated legal system. Call Berry Law today to get started.