Gun Crime

What is a Gun Crime?

A gun crime is best defined as anything that is charged under our firearms statute in Rhode Island. That can include a lot of things, not just possession of a firearm or various weapons charges, but it can also include charges like commission of a felony, having had a previous conviction, a gun charge where you are in possession of a gun, where you or somebody who had a previous felony that’s enumerated under the statute. The thing about the gun statute, as well, is that there are enhanced penalties that come along with it. When you ask what a gun charge is, the gun court in Rhode Island exists in the Providence Superior Court, so that any case that’s charged at Providence County gets a specific “G” for gun assigned to the end of the case and it is heard by one specific judge in one specific court. So, it has its own calendar which bears out its own significance.

Why Do I Need an Attorney for a Gun Crime Case?

In my view, this is right now another hot button issue. There have been recent amendments to gun statutes both at the state level and the federal level that makes any possession of a firearm a more serious felony than what it had previously been. There is also a heightened awareness now with recent cases of gun violence to anything that involves a firearms type of charge.

Why Choose Us?

Our collective experience on the prosecution side puts us in a unique position on the defense side. We have three former prosecutors who have dealt with every facet of any charge that can be brought in the State of Rhode Island relative to gun charges. I have handled one of the first cases that was charged under what was then the brand new gun statute at the time, and I have had other capital cases that also involve an additional gun charge. With any use of a firearm case in a crime of violence, generally under the gun statute, will call for additional mandatory jail time on top of the actual charge. So, we have handled those cases as well.

What is the Legal Process When Dealing with Gun Crime?

It is like any other case that comes through the system. It will be arraigned in district court. if the case is and of itself under the gun statute almost always a felony and when it is charged in the superior court, in Providence County, it has its own specified court and one particular judge to hear the case. But, in every county you’ll be eventually brought before the superior court judge, and you will go through the regular pretrial process and be arraigned, go through pretrial discovery and eventually have a decision as to whether to entertain whatever the plea is or to go to trial on the charges. Narcotic cases and gun cases are oftentimes charged together, so it’s not uncommon to have a search issue come up in a gun case because as a general proposition you’ll have an overlap of those two things.

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