Firearms Charges in Pennsylvania
In response to the increase in violent crimes committed with firearms, our legislature imposed sentencing guidelines that call for harsher penalties for gun possession, particularly if the individual is not eligible to obtain a license to carry a concealed weapon.
With so much at stake, having an attorney that is familiar with local practices and changes in Pennsylvania law is more important than ever.
While many different defenses may exist for your case, generally, there are two ways to approach a weapons violation case:
Motion to Suppress
To win a motion to suppress physical evidence, you must demonstrate to the court that the manner in which the police obtained the evidence (i.e., a weapon or narcotics) was by violating your rights under the Pennsylvania or Federal constitution. If successful, the evidence is excluded at trial.
Sufficiency of Evidence
If evidence is otherwise admissible, Andrew Gay, Jr. will analyze the facts to see if the Commonwealth or United States Government can prove you actually possessed the weapon. This is generally referred to as a challenge to the sufficiency of the evidence. If the police wish to attribute an illegal item to you that was not recovered from your person (i.e., nearby car or home), hire the experience needed to challenge whether you constructively possessed that item.
Whichever defense is better for your case, Andrew Gay, Jr. will explain all of your options and properly prepare your case for the best result, given your particular circumstances.
Philadelphia is no longer imposing mandatory minimum sentences on Guns & Drug cases. On August 20, 2014, the Superior Court of PA declared these sentences unconstitutional in the matter of Commonwealth v. Newman, based on the U.S. Supreme Court's decision in Alleyne v. United States.