Facing gun crime charges is a serious matter that can result in significant penalties, including imprisonment, fines, and a loss of your firearm rights. However, an experienced Combs Waterkotte gun crime lawyer can show you various legal defenses to fight these charges.
If you’ve been charged with a gun crime, call our expert criminal defense attorneys as soon as possible at (314) 900-HELP or reach out online for a confidential consultation. We can discuss the specifics of your case and get to work on building a defense strategy.
Common Combs Waterkotte Defenses for Gun Crimes
Our gun crime attorneys have over 40 years of experience crafting defense strategies and have successfully handled more than 10,000 cases just like yours. Every case is different and our legal team builds defenses tailored to the circumstances of your case only. Here are several:
Self-Defense
The self-defense defense is a strategy in gun crime cases where we argue that your actions were justified to protect yourself or others from imminent harm. Missouri, like many states, recognizes the right to self-defense under its “Stand Your Ground” and “Castle Doctrine” laws.
Here’s how self-defense works in gun crime cases:
- Establishing Imminent Danger
To claim self-defense, our experienced gun crime lawyer must demonstrate that you reasonably believed:- You were in immediate danger of serious injury or death
- The use of force, including deadly force, was necessary to prevent that harm.
Under Missouri law, you are permitted to use deadly force if:
- You believe it is necessary to protect yourself, your family, or someone else against serious injury, any forcible felony, or death.
- The force used against an individual who unlawfully enters, remains after unlawfully entering, or unlawfully attempts to enter a residence or vehicle which you are occupying.
- The force is used against an individual who unlawfully enters, remains after unlawfully entering, or unlawfully attempts to enter private property you own, lease, or have been given authority to occupy.
- Proportional Use of Force
Missouri law typically requires that the force used in self-defense must be proportionate to the threat faced. Using a gun to defend against an armed intruder or attacker might be considered reasonable, while firing a gun in response to a non-lethal threat may not. - Key Evidence for a Self-Defense Claim
Building a strong self-defense argument requires:- Evidence of the attacker’s action – possibly a weapon found on the aggressor
- Witness statements corroborating the threat.
- Surveillance or body camera footage supporting the claim.
- Testimony about your state of mind and fear of imminent harm.
Successfully presenting a self-defense claim requires a comprehensive understanding of Missouri’s gun and self-defense laws. The skilled criminal defense attorneys at Combs Waterkotte can gather evidence, counter the prosecution’s arguments, and show that your actions were legally justified. Give our legal team a call now at (314) 900-HELP or reach out online. We are available 24/7.
Lack of Knowledge or Intent
The lack of knowledge or intent defense is a common strategy our attorneys use in gun crime cases, particularly when the prosecution must prove that you knowingly possessed, used, or transported a firearm in violation of the law. Here’s how we typically apply this defense:
- 1. Knowledge of the Firearm’s Presence
We may argue that you were unaware of the firearm’s existence. For instance, if a gun was found in a vehicle or residence you shared with others, we can claim you didn’t know the firearm was present. - 2. No Intent to Violate the Law
Certain gun crimes require proof of intent, like knowingly carrying a concealed weapon without proper authorization or possessing a firearm in a prohibited area. A lack of intent to commit the crime could undermine the prosecution’s case. - 3. Accidental Possession
In some situations, we might argue that you came into possession of the gun inadvertently, such as finding a weapon and intending to turn it over to law enforcement but being apprehended before doing so.
Illegal Search & Seizure
The unreasonable search and seizure defense is a powerful tool in gun crime cases, leveraging constitutional protections under the Fourth Amendment. This defense ensures that law enforcement follows strict procedures and protocols when obtaining evidence.
Under the exclusionary rule, if your rights are violated, any resulting resulting evidence may be deemed inadmissible in court.
Here’s how our skilled gun crime lawyers apply this defense:
- Unlawful Stops or Detentions
Law enforcement must have reasonable suspicion to stop or detain an individual. If an officer conducts a traffic stop, a stop-and-frisk, or any form of detention without articulable suspicion of criminal activity, any evidence found – like a gun – might be suppressed. - Improper Searches of Vehicles or Homes
Police need probable cause or a valid warrant to search a vehicle or residence unless you give voluntary consent to the search or there are exigent circumstances, such as immediate threats to public safety. If a gun is discovered during an unlawful search, it could lead to the evidence being excluded. - Challenging the Evidence
Rest assured, the knowledgeable Combs Waterkotte gun crime lawyers will scrutinize the validity of the search or stop that led to the discovery of the gun, whether the officer had probable cause or exceeded their authority, and if any constitutional rights were violated during the arrest or search process.
Mistaken Identity
The mistaken identity defense is a powerful argument in gun crime cases, asserting that you were wrongfully identified. This defense leverages the possibility of errors in eyewitness accounts, police reports, or even surveillance footage, which can often lead to false accusations. Our defense attorneys could also rely on the alibi defense as a strong addition to mistaken identity, providing evidence that you were elsewhere at the time of the crime.
Insufficient Evidence
The insufficient evidence defense argues that the prosecution lacks enough credible evidence to meet the burden of proof required for a conviction. In gun crime cases, this defense can be pivotal, as it challenges the foundation of the state’s case right off the bat by highlighting gaps, inconsistencies, or a lack of concrete proof linking you to the gun.
Accused of a Gun Crime? Call Combs Waterkotte Right Now For a Strategic Defense
Mounting a successful defense strategy for a gun crime requires thorough knowledge of Missouri’s gun crime statutes and constitutional law.
Call a Combs Waterkotte gun crime lawyer as soon as possible at (314) 900-HELP or reach out online to build your defense effectively.
