Weapon Crimes Defense Lawyer, Stewartsville, MO. Weapons, both concealed and open carry, are popular in MO – the state’s gun & weapon laws allow for more freedom for possession and usage. But even when you act in self-defense, you’re facing a mountain of scrutiny and have to show your innocence.
Frequently, weapons charges are felonies, which means you are facing potentially years in prison if convicted. If you don’t have a leading Stewartsville weapon crimes defense lawyer, you could permanently throw your life off course for just protecting yourself and your family.
Secure your life. Guard your freedom. Call Combs Waterkotte. Our team of Stewartsville’s leading weapons crime defense attorneys, including a former prosecutor, has a track record of positive outcomes for our clients. We are committed to giving you the strongest defense possible and will fight to get you the best possible outcome against your criminal weapons charges.
Get in touch right away at (314) 900-HELP or use our online contact form for a free, confidential consultation.
Cases Handled
Over 10,000
Jail Days Saved
Over 1 Million
Google Reviews
500+ Perfect
Legal Experience
Over 80 Years
What Do Weapon Laws Cover in Stewartsville, MO?
MO law covers topics like purchase, possession, and use of guns and other deadly weapons. State laws overlap with federal laws to create a web of regulations. One way they are different is this: MO does not address background checks in the sale or transfer of firearms, but federal law requires licensed dealers to perform one, meaning that most MO gun transfers still require a background check.
In MO, the majority of individuals are permitted to carry a firearm, as long as:
- In the course of carrying the weapon, they don’t enter restricted areas, and
- Nothing has happened to lead that person to lose their right to carry a weapon.
Firearms usage in the state allows for standard target shooting and for self-defense, but some specific uses are not allowed. These actions mostly are those that would endanger others, such as firing a gun near a school, firing one while intoxicated, or firing it into a building.
One quick note – while we’ve talked mostly about state restrictions above, MO allows for individual municipalities to write their own laws regarding firearms and other weapons, so to ensure you’re compliant with regulations in Stewartsville, be sure to go through your local statutes and consult with a gun crime lawyer if any parts don’t make sense.
Typical Weapon Crimes Charges in MO
Even though “weapon crimes” can cover a wide variety of potential allegations and penalties, there are trends in Stewartsville, MO. Here are some of our specialty areas that we’ve fought cases for in MO:
- Unlawful Use of a Weapon
- Unlawful Possession, Manufacture, Transport, and Repair of Certain Weapons
- Carrying a Concealed Weapon Without a Permit
- Possession of an Illegal Weapon
- Possession of a Firearm While Intoxicated
- Illegal Discharge of a Firearm
- Federal Felon in Possession of a Firearm
- Federal Weapons/Firearm Offenses
- Other Gun Charges
- Other Weapons Offenses
Other Types of Weapon Laws in MO
Stewartsville, MO laws don’t stop at guns, though: You also need to be aware of restrictions for non-firearm self-defense items. Popular self-defense items, such as pepper spray and stun guns, are legal to possess in MO without special permits.
Other tools, such as knives, blackjacks, and batons, are special in that they are labelled as dangerous weapons. Because of this, even though they are not guns, they frequently face the same restrictions, and also have limitations on where they can be carried.
Once again, though, as mentioned above with guns, different localities are allowed to establish different restrictions, so reach out to a Stewartsville weapons law expert if the law isn’t clear on a specific self-defense tool.
MO Weapon Crimes Penalties:
The penalties for alleged weapon crimes in MO are steep. Here’s what you could be facing if you don’t hire a weapon crimes defense attorney before it’s too late:
| Alleged Crime | Violation | Sentence |
|---|---|---|
| Defacing a Firearm | Class A Misdemeanor | Up to 1 year in jail and a $2,000 fine |
| Unlawful Transfer of Weapons | Up to a Class E Felony | Up to 4 years in prison |
| Fraudulent Firearm Purchase | Class E Felony | Up to 4 years in prison |
| Unlawful Discharge of a Firearm | Up to a Class D Felony | Up to 7 years in prison |
| Unlawful Possession of a Firearm | Up to a Class B Felony | 10-20 years in prison |
| Unlawful Use of a Weapon | Up to a Class A Felony | Up to 10-30 years or life imprisonment |
| Armed Criminal Action | Unclassified Felony | Adds at least 3 years onto a prison sentence, which cannot be avoided with probation or parole |
When you look at the potential fallout of a conviction, why would you not hire a Stewartsville weapon crimes defense lawyer?
What to Look For in a Stewartsville, MO, Weapon Crimes Defense Lawyer
Cases Handled
Over 10,000
Jail Days Saved
Over 1 Million
Google Reviews
500+ Perfect
Legal Experience
Over 80 Years
When you need a Stewartsville, MO, weapon crimes defense attorney, it’s not enough to hire just anyone – you need an attorney who will leave no stone unturned, and will keep going until you get the justice you deserve.
Here are some of the main things to look for when choosing a lawyer to represent you:
- Experience: More experienced lawyers have seen more, and will be able to handle more. Combs Waterkotte has considerable experience defending weapon crimes cases, with a combined more than 60 years of legal experience and over 10,000 cases handled.
- Reputation: If you ask someone about their experience with your defense attorney, you’ll want to hear a glowing review. Combs Waterkotte has a stellar reputation amongst clients, fellow lawyers, and professional organizations.
- Resources: When you’re up against serious weapon crimes charges, you want a strong team of experienced individuals on your side.
- Approach: You want an attorney who puts you first. At Combs Waterkotte, we take pride in maintaining open lines of communication with all of our clients, and we keep you informed on any updates with your case.
- Ferocious Defense: If your case isn’t diverted and you end up in trial, you don’t want an attorney without a plan. You want someone who’s ready to go to battle. Our attorneys always build our defenses as if we’re going to trial, giving us a strong negotiating position.
Weapon Crimes Defenses We Use in Stewartsville, MO
Weapon crimes can be defended in similar ways to many other criminal allegations. However, they are more likely to involve tactics like claiming self-defense, and defenses frequently have less to do with whether you “did it” and more on whether what the defendant did was “justified.”
Here are some of the defense tactics Combs Waterkotte might use in your defense against Stewartsville, MO, weapon crimes charges:
- Self-Defense: Depending on the circumstances, if you claim self-defence, related criminal charges can be invalidated in many cases. In Missouri, you are allowed to take actions to protect yourself from imminent danger.
- Defense of Others: Related to self-defense, you are allowed to use force to defend another person. Some weapon charges can be dropped if this is the case, just like with self-defense.
- Castle Doctrine: MO castle doctrine dictates that you are legally allowed to use force, including weapons, to defend yourself and other people at your residence. While you do not have a duty to retreat, the amount and type of force used needs to be proportionate to the threat.
- Stand Your Ground: Stand your ground is built off of castle doctrine. The state of Missouri dictates that you if you are permitted to be in a given location, you have the right to defend yourself (even with weapons and force) without needing to retreat first.
- Necessity: The defense of necessity acknowledges that you committed the illegal act, but provides an excuse as to why you shouldn’t be punished. Perhaps you knew someone at risk of self harm, and to protect them, gave their weapons to someone who legally wasn’t allowed to possess them. This is technically against the law, but your actions were well-intended to prevent a greater harm.
- Duress: When you unwillingly broke the law, because you were forced to do so, you can claim duress as a defense. For example, if someone threatened your family and made you carry a weapon into a government building, you could claim duress as a defense.
- Lack of Intent: If you didn’t mean to break the law, depending on what exactly it was, a lack of intent can protect you from punishment. For example, giving a blackjack to someone younger than 18 is not allowed without approval from their parent/guardian. But if you truly believed that the person was over 18, you would not have had intent to break the law.
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Stewartsville, MO, Weapon Crimes Defense FAQs
What self-defense weapons are legal in Missouri?
Typical self-defense devices which you can legally use in Missouri include firearms, stun guns, tasers, pepper spray, and batons. Keep in mind that some of these do have special requirements.
Additionally, it’s important to note that when acting in self-defense, the response must use a level of force proportionate to the threat.
What is the penalty for armed criminal action in Missouri?
Armed criminal action involves the use of a deadly weapon while committing another felony. Any penalties from armed criminal action are on top of the penalties for the original felony, and the sentence depends on whether the person was previously convicted of armed criminal action:
First offense: Adds 3-15 years (or 5-15 years if the gun was illegally possessed)
Second offense: Adds 5-30 years (or 15+ years if the gun was illegally possessed)
Third+ offense: Addes 10+ years (or 15+ years if the gun was illegally possessed)
Additionally, any penalties added because of armed criminal action are not eligible for parole or probation.
What is the Castle Doctrine in Missouri?
Missouri castle doctrine is a part of §563.031, RSMo 2016, which dictates that you can use force to defend your dwelling, residence, or vehicle from aggressors, without first trying to retreat.
However, this does not give you permission to shoot someone that is not a threat to you. The use of deadly force is only permitted when facing “the use or imminent use of unlawful force.”
What counts as self-defense in Stewartsville, MO?
Missouri’s self-defense law allows one to use force to defend against a threat, provided that the defensive force is proportional to the threatening force.
Self-defense is legal when it is used to protect oneself (or others) from harm, when one is unable or not required to retreat, or to defend one’s home/vehicle.
As a stand your ground state, Missouri states that citizens are not required to retreat from a threatening situation, so long as they have a right to be in that location.
How do I defend against weapons charges in Stewartsville?
Common defense strategies against allegations of weapon crimes include self-defense, the defense of others, castle doctrine, and stand your ground.
How can you lose your right to own a gun in Stewartsville?
People in Stewartsville, MO, can lose their Second Amendment rights in a few ways:
- If they receive a felony conviction
- If they are a fugitive
- If they are regularly drunk or drugged
- If they are deemed mentally incompetent
- If, in accordance with federal laws, they have been convicted of domestic violence, regardless of whether it was a misdemeanor or a felony.
Can police search your car for weapons without a warrant?
You typically have a right to privacy in your vehicle, however, police can still search your car for weapons if they have probable cause, if you consent, if they are checking for their safety after an arrest, or if your car is impounded.
Looking For a Weapon Crimes Defense Attorney in Stewartsville, MO? Call Combs Waterkotte Today
Weapon crime charges in Stewartsville are serious business. If the state is charging you with them, you can’t settle for anything less than a leading weapon crimes defense lawyer fight against the charges. You need Combs Waterkotte.
With Combs Waterkotte, you’re choosing a firm that doesn’t settle for the second-best outcome. Our team is all about getting you good results, and that means doing whatever we can to get the best possible outcome for you. We have the practice and track record of success that are needed when you’re up against weapon crimes charges.
Start building your defense now at (314) 900-HELP or tell us about your case online for a free, confidential consultation.
