Seeking Criminal Defense In Rochester, MN For A Weapons Charge

by | Apr 9, 2014 | Law

Subcategories in Minnesota State Statute 609.02 define crimes that are related to the use of dangerous weapons. This section outlines these weapons to include firearms as an item that could inflict significant bodily harm or death; the charge applies whether it is loaded or not. The statute further defines these weapons as anything that is flammable and could exceed the flash point as a result of a fire and could inflict harm such as gasoline and liquor. Anyone who is accused of a dangerous weapons charge should acquire Criminal Defense in Rochester MN immediately following an arrest.

Defining Dangerous Weapons Penalties

State laws further outline the penalty for minimum sentencing requirements for crimes that involved guns or other weapons classified as dangerous under the statute. Any individual who has been convicted of any felony-based criminal charge is prohibited by law to possess or carry a gun in the state. Violation of this strictly enforced law is an immediate five-year prison sentence.

Anyone convicted of a crime that involved possession of a firearm or otherwise dangerous weapon receive three years in prison; any repeat offenders are sentenced to five years. Criminal offenses in which a gun was used during or after the initial charge have a penalty of one year for first-time offenders and three years for additional charges. Individuals who are facing these criminal charges should consult an attorney for Criminal Defense in Rochester MN.

Crimes in which Firearms are a Factor

Burglary is among the top crimes that often involve a firearm. Under the state statute 609.582, it is required that the convicted individual serve at least six months in prison if the residence was occupied at the time of the offense. Burglary in an unoccupied home incurs a sentence of at least ninety days. Upon the discovery that the perpetrator used a firearm in the crime, the state can impose at least a one-year sentence in addition to the basic penalty. For this reason, he or she should obtain an attorney to provide a Criminal Defense in Rochester MN.

Domestic violence is another related crime in which firearms are used. Mandatory requirements for violation of a protection order begin with a ten-day sentence in county lock-up. However, if the perpetrator utilizes a firearm to incite fear, additional charges could apply based on the state’s gun laws. Anyone facing these charges can acquire Criminal Defense in Rochester MN services through the Anderson Law Firm.

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