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An individual could encounter an enhanced penalty for their Lubbock gun charge for a number of reasons. For example, if an individual committed a robbery and they had a gun, they will be dealt enhanced penalties. Law enforcement uses the penalty enhancement to increase the severity of the robbery charge. For instance, if an individual had a robbery that was a state jail felony and the individual had a gun, that penalty will be upgraded to a third-degree felony.
If you are facing a gun charge in Lubbock and may be handed enhanced penalties, it is critical that you consult with an experienced attorney as soon as possible. A knowledgeable lawyer will be able to help lessen or dismiss any potential penalties associated with the charge.
If a person has a weapon, registered or unregistered, that is an additional gun charge in Lubbock that can result in enhanced penalties. Possession of such a firearm applies to the sentencing process the same as any other aggravated penalty.
To defend against such enhanced penalties for their Lubbock gun charge, an individual can state that they are a CDL holder. To be charged with an unlawful carry, an individual has to be intentionally, knowingly, or recklessly carrying that weapon. So, if a person has a weapon in their home, it can be used for defensive purposes.
Even if the gun is unregistered and it is in their home, it would allow a person to have a gun for defensive purposes of one’s own property. Such penalty enhancements on a Lubbock gun charge can be combatted using one of these defenses.
Possessing a Firearm for the Commission of a Felony
Any time a person is committing a felony, including robbery, rape, and robbing a bank, they could face possession charges. Any act that is deemed a felony could qualify. The penalty enhancement for someone found possessing a firearm in the commission of a felony depends on what the crime is. There is a wide varying range, depending on what that felon was charged with.
The mandatory minimum sentence for such a charge varies widely as well. It will change depending on the severity of the crime.
Benefits of an Attorney
Penalty enhancements as they apply to Lubbock gun charges are a complex issue in the law. An individual has to have an experienced attorney that can read the charge, read the probable cause affidavit, and determine whether an enhancement would apply. There are times when a prosecution office or a district attorney’s office will add a sentence enhancement when it does not apply. It takes an experienced attorney to find out why it does not apply, prove it, and help remove that enhancement.
There are times when a prosecution office or a district attorney’s office will add a sentence enhancement when it does not apply. It takes an experienced attorney to find out why it does not apply, prove it, and help remove that enhancement.