Facing a firearms or weapons charge? Need a defence lawyer? Call us free on 0800 LEGAL DEFENCE (0800 534253).
Offences involving weapons include unlawful possession of firearms, knives and offensive weapons. There are many related offences pertaining to the use of different weapons. Where the use results in an assault or injury to someone it is possible to face separate charges relating to the possession or use and the assault or injury itself.
The law defines an ‘offensive weapon’ in different ways, depending on whether the possession is in public. Similarly, the law gives particular meaning to what amounts to ‘possession’. It is not always clear cut whether an item is an offensive weapon or, indeed, whether the person is in possession or in a public place.
In some circumstances possession is presumed by law, imposing a burden on a defendant to show that he or she was not in possession. Similarly, some charges involving firearms and possession of knives or offensive weapons impose a burden on the defendant to show that possession or use was lawful.
In many weapons cases the client has been subjected to a search of his or her person, car or home. It may be important to review the lawfulness of any search. If the search has not been conducted lawfully it may be possible for the finding of the weapon to be excluded so that it cannot be used in a prosecution.
Proper legal advice will assist in determining whether the facts of your case fit within the legal meanings and whether you have other defences. If you are also charged with some type of assault, you should read our page on violent offending.
If you need help on any criminal matter contact us on 0800 LEGAL DEFENCE (0800 534253).