When mounting a defense strategy for a Lubbock gun charge, a lawyer will begin by gathering the client’s story. They will start with how the incident happened, whether the client owned the gun, how they came into possession with the gun, and what was going on that day. They will then begin formulating a defense strategy using the police report.
If you have been charged with a gun crime in Lubbock, it is imperative that you consult with a firearm attorney to immediately begin preparing a proper defense strategy.
Refuting the Prosecution
The prosecution has the burden of proof in a Lubbock gun case. Included in that burden of proof is proving the charge beyond an unreasonable doubt. The lawyer’s job is to look at the elements in the code, look at the applicable section in the code, and make sure that the prosecution has met all of these elements.
The defense attorney must then begin to craft a Lubbock gun charge defense strategy to accurately combat these elements. They must also keep in mind that while negotiating with the prosecutors, the lawyer has to talk to a jury and help ensure that the prosecutor cannot meet the elements beyond a reasonable doubt.
Factors to Consider
When building a defense strategy for a gun charge in Lubbock, the lawyer will try to determine many factors, including:
- Is the gun registered?
- Are they a CDL holder?
- Where were they located?
- Is it in a legal zone?
- Were they at a school, at a church, or at a courthouse where it is illegal to carry that weapon, or were they in a public or in their backyard?
Attorneys look at factors along those lines to find out if the gun was legal at that time that the charge was issued.
Many times, attorneys go to the prosecutor’s office and have a mitigation package, because when a district attorney looks at a charge, they often only see the black and white. The district attorney sees the name, the charge, and the photograph of the person from the mug shot. The mitigation package humanizes the defendant.
Attorneys have pictures of the family if there is one, information about their job, and other information to humanize the individual. More often than not, that particular defense strategy helps in Lubbock gun charges.
If an individual buys a gun legally and they register that gun, the individual has a constitutional right to bear arms. Those issues can sometimes come up and are important to be included in a Lubbock gun charge defense.
It is hard to use the constitution, however, if an individual is using the gun in a reckless manner. If a person is using the gun as it is supposed to be used, such as for the protection of family in the home, firing it at the range, and staying proficient with it, that is when a person is exercising their constitutional amendment.
Benefits of a Qualified Attorney
There are a couple of things that an individual should look for when hiring an attorney to craft a defense strategy for their Lubbock gun charge. First, an individual wants to find someone that has been in the law profession for many years. Secondly, an individual wants to know if that firm or member of that firm is board certified in criminal law.