Illegal Weapons Possession Defense (Article 236): Lawyer Services
Firearms circulation is strictly regulated in Georgia. Article 236 of the Criminal Code provides for liability for the illegal purchase, storage, and carrying of firearms, ammunition, explosives, or explosive devices. Carrying is a more serious offense than possession. Charges can be brought for any type of weapon for which the person does not have a valid permit, including old rifles or bullets "gifted by grandfather." Often, citizens do not realize that finding even a single bullet in a car or house is sufficient for criminal liability. In such cases, checking the legality of the search and conducting expertise to determine if the item is functional for firing is crucial.
Legal.ge offers lawyers specializing in weapons-related crimes. Our experts will help you clarify case details and develop an effective defense strategy.
What Does Illegal Weapons Possession Defense Cover?
The lawyer''s service focuses on procedural defense and expertise:
- Legality of Search: Checking if the police had the right to conduct the search and if procedural norms were followed (e.g., presence of neutral witnesses).
- Ballistic Expertise: Determining if the seized item falls under the category of firearms and is functional. If the weapon is non-functional, criminal liability is excluded.
- DNA and Fingerprint Analysis: Determining if the accused''s traces are on the weapon. This is important if the weapon was found in a car or shared space.
- Excluding Planting: Gathering evidence to prove the weapon did not belong to the person.
- Plea Bargaining: Mitigating the sentence in exchange for a guilty plea.
Common Scenarios
Charges are often related to:
- Car Search: Finding a weapon in the car cabin or trunk.
- Carrying Registered Weapon: Carrying a weapon registered only for storage in the street (which is a crime).
- Old Weapons: Unregistered weapons or bullets kept at home.
- Cold Weapons: Carrying a knife of certain parameters, which is an administrative offense but sometimes confused with criminal law.
Georgian Legal Framework
Article 236 of the Criminal Code provides for imprisonment: 3 to 6 years for purchase/storage, and 4 to 7 years for carrying. Importantly, illegal purchase/storage of a smooth-bore hunting shotgun is not a criminal offense (only administrative), while carrying it is a criminal offense.
Steps in the Process with a Specialist
Working with a lawyer includes:
- Consultation: Discussing search details.
- Expertise: Determining weapon functionality.
- Strategy: Requesting suppression of evidence or plea bargaining.
- Court: Defense during the trial.
Why Legal.ge?
Illegal weapons charges often depend on police adherence to procedures. Legal.ge connects you with lawyers who will thoroughly check the legality of your detention.
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