Gun cases can be prosecuted in state and federal court, depending on the nature of the crime. In federal court, drugs and firearms are two of the most-prosecuted federal court issues.
If there is a violation of both state and federal law, an individual can be charged for both separately. This means they can be punished by the state and the federal government for the same act. For minor crimes, an individual is more likely to be prosecuted only in state court.
What Should a Person Know about Gun Cases before Their First Court Date?
There are serious potential consequences anytime a firearm is involved that may go beyond the actual criminal penalties someone is facing. The most important thing to understand is the need for an attorney who is familiar with firearm law and comfortable with guns and the operation thereof. That can make the difference in maximizing your chances to receive a favorable outcome.
What Does the Prosecution Have to Prove to Convict Someone of a Gun Crime?
In Nebraska, a state gun charge may rely on the elements of federal gun laws, so it is best to be familiar with felonious stipulations before entering the legal process. The relationship between federal, state, and local laws becomes critical during the prosecution of Omaha gun charges, and a defense attorney who is familiar with these varying levels of firearm laws is likely to achieve a favorable outcome.
Sometimes, federal law can supersede state law. This means that what is legal federally, even though it is illegally locally, may provide a defense for someone refuting gun charges.
Highly Contested Elements
The highly contested elements of a gun charge case in Omaha depends on whether it involves possession, whether a firearm is used in a threatening or menacing manner, and whether there is an element of self-defense. For example, pointing a firearm at somebody is generally considered assault; however, it could be considered self-defense.
When trying to prove a gun charge case, the prosecution must determine who owns the firearm in question. However, the owner may not be the only person facing gun charges.
For example, if there were four people in a car and one of them had a gun, the law clearly states that all four of them can be charged with possession of a firearm. That does not mean they cannot try to prove that only one person was actually in possession, but it would be an uphill battle without a lawyer’s help.
Ask an Attorney about the Prosecution of Omaha Gun Charges
What everyone should know about the prosecution of Omaha gun charges is that the issue is more practical than technical. Politically, firearms are frowned upon, so gun charges are always treated as if they are extremely serious even when they are very minor.
For this reason, you should consider working with a skilled defense attorney from Berry Law. One of our experienced lawyers can help you understand the nuances of this legal process, so call Berry Law today to schedule a consultation.