Smyrna, GA, Gun Crime Lawyer

Gun Crime

Gun Crime Attorney in Smyrna, GA

While Georgia is largely considered a gun-friendly state, that doesn’t mean that gun crimes are nonexistent. You can still face severe legal penalties for certain gun-related offenses, including prison time, significant fines, and probation. A criminal conviction for a gun crime will follow you for life, making it harder to obtain decent housing, get hired, and maintain personal relationships. You should hire a Smyrna, GA, gun crime lawyer to mount your defense.

The legal team at The Law Office of Lawrence J. Zimmerman can work hard to build a case strong enough to avoid gun crime penalties. A Smyrna gun crime attorney from a local law firm may be exactly what you need to have a strong chance of beating these charges. It’s always good to have someone who understands how the state’s gun crime laws work, especially the ones that will be relevant to your case. Our firm knows the most effective ways to help you.

Possible Defenses Against Gun Crime Charges

If you are charged with a gun crime in Smyrna, Georgia your case will either be heard in the Cobb County Superior Court if it’s a felony or the Cobb County State Court if it’s a misdemeanor. Both courts can be found on Haynes Street in Marietta. The court takes cases involving gun crimes very seriously, as the state’s violent crime rate was 326 for every 100,000 people as of 2024. Guns are a significant contributor to many of those violent crimes.

The most important thing you can have when facing gun crime charges is a strong defense strategy, and building one is often difficult for people who don’t have a background in legal matters. Having a good criminal defense lawyer who can interpret Georgia’s gun laws and guide you through everything you can expect may end up being indispensable. Cases involving firearms accounted for 18.4% of all criminal sentences throughout the state in 2024. Here are some potential defense strategies you could use:

• Self-defense: For crimes involving guns, self-defense is one of the most common ways defendants try to justify their actions. Self-defense, or justifiable use of force, gives individuals the right to use deadly force if they, or others, are in immediate danger from an impending threat. You can use self-defense to prevent a serious injury, a violent felony, or death.
• Stand your ground: Georgia also has a fairly sound stand your ground law for defending your own home or vehicle. You can even stand your ground if you are present in a location you have a right to be in. If you are in immediate danger and someone is trespassing on your property, you have a legal right to protect yourself and defend your property.
• Legal ownership: As long as you are legally allowed to own a firearm and have the documentation to prove that the firearm in question was legally obtained, that should be enough to have any firearm charges against you dismissed. Certain individuals, such as convicted felons and the forcibly committed, cannot legally have guns in Georgia. If you don’t fall into one of those groups, then some gun charges simply won’t stick.
• Mistake of fact: One of the strongest potential defenses you may have is arguing that you did not have the criminal intent to commit a crime. You may have been acting under a misconception of the situation. If you had been correct in your assumption, your actions would have been perfectly legal. Your lawyer needs to prove that your mistaken belief was honest and objectively reasonable, which may not be easy.
• Illegal search: Like with many criminal defense cases, your constitutional protection from illegal search and seizure can often be enough to save you from a conviction. If law enforcement officers did not have probable cause or a valid search warrant when they searched your home, vehicle, or person, then all the evidence gathered in that search can be rendered inadmissible and tossed out.

FAQs

Is Georgia a Gun-Friendly State?

Yes, Georgia is considered to be a very gun-friendly state. The state allows for permitless carry, which means anyone over 21 years old can openly carry a handgun without the need for a state-issued gun license. Georgia also does not require universal background checks for private gun sales. Despite strong pro-gun laws, there are still many situations where you can get in legal trouble for having a gun. Consult a lawyer to see if you’re in one of those situations.

Can a Convicted Felon Own a Gun After 10 Years in Georgia?

No, a convicted felon cannot automatically own a gun after 10 years in Georgia. State and federal laws both prohibit a convicted felon from ever owning a gun, regardless of how much time has passed since their conviction ended. Gun rights in Georgia can only be restored if the individual in question is granted a pardon, an expungement, or a restoration of rights. You should consult your lawyer to find out if you qualify for any of these processes.

Can I Carry a Gun in My Car Without a Permit in Georgia?

Yes, you can carry a gun in your car without a permit in Georgia. You are legally allowed to store the gun in your glovebox, and you can also travel with it loaded. However, if you are prohibited from owning a firearm, you can get in serious legal trouble for keeping a gun in your car. Individuals who are prohibited from owning a gun include:

• Convicted felons
• Fugitives from justice
• Drug addicts
• Illegal immigrants
• Anyone with a restraining order

What Misdemeanors Prohibit Gun Ownership in Georgia?

The only misdemeanors that prohibit gun ownership in Georgia are those that involve drug offenses or family violence. Federal and state laws alike prohibit individuals with a domestic violence conviction from owning a gun. This includes any misdemeanor involving:

• The attempted use of physical force
• Any threatened use of a deadly weapon
• A crime committed against a family member

Hire a Gun Crime Lawyer Today

When you hire a gun crime lawyer, you’re getting a skilled defense lawyer who knows how to help you. The Law Office of Lawrence J. Zimmerman has over two decades of experience in gun crime defense. Contact us to speak to someone who can defend your case.