Gun Violence and Assault with a Deadly Weapon Charges

Gun laws and gun violence is a hot topic in our nation right now. It seems like nearly every week there’s news of new public shooting where innocent victims have been injured or killed. The tension around this and our existing gun laws have left us divided. There’s strong opinions on both sides, and nobody is interested in backing down.

From a legal perspective, one of the most challenging aspects of gun control in America is that while there are federal regulations in place, gun control laws vary by state. This often causes confusion and misunderstandings about what is legal, and what is not. There’s also misconceptions about some of the more serious gun related offenses.

To help clear some of the confusion and answer questions, let’s talk about gun laws in the state of Nebraska, and when use of a gun can result in criminal felony charges.

Nebraska is a region of the country that is known for its lenient gun laws. Nebraska does not require a license or permit to purchase or possess a firearm. The only permit required is for concealed carry.

Rather than requiring a permit to purchase a handgun, state law says that a person must first obtain a certificate which can be applied for in person at the Sheriff’s office, or by mail.

Just because it’s easy to own and possess a gun in Nebraska doesn’t mean that laws and consequences involving gun crimes are any less. Illegally possessing or using a firearm is a serious offense and can lead to years of your life being spent behind bars. Here are few of the most common weapons charges involving guns.

• Possessing unregistered, illegal or stolen guns
  
• Possession of a firearm by a convicted felon
  
• Carrying a concealed weapon without a permit
  
• Illegally brandishing or discharging a weapon
  
• Assault with a deadly weapon
  

By definition, assault with a deadly weapon is a physical attack on the body of another person with a weapon that is capable of inflicting serious bodily injury or death by virtue of its design or construction. The addition of a deadly weapon in an assault elevates the risk of serious or life-threatening consequences and thus is considered a felony.

While the term deadly weapon can refer to a wide range of objects, such as knives, or even a blunt object when used in a malicious manner, the most common instruments in these cases are guns.

Since assault with a deadly weapon is a felony charge, defendants face the possibility of a prison sentence. In addition to a prison sentence, a judge may decide to impose additional fines and consequences at their discretion. Sentencing in an assault with a deadly weapon case is often influenced by the severity, or potential severity, of the crime.

Additional factors like prior record of assault or other violent crimes may also be considered in sentencing.

If you have questions about gun laws, or are facing a criminal weapons charge, we’re here to help. We have the knowledge and expertise to help you through this situation. Contact Fitch & Stahle Law Firm today for a free consultation.