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Maryland Gun Penalty Enhancements

A penalty enhancement increases the mandatory minimum penalty and also the overall sentence. Penalty enhancements may occur if a person possesses a gun in a school zone or has a prior criminal record. This could enhance the statute and may also increase the overall applicable penalty. To learn how Maryland gun penalty enhancements may affect the outcome of your firearm case, you could speak to a knowledgeable firearm attorney.

Charges Qualifying for Firearm Penalty Enhancements

If a person is accused of committing the criminal offense of robbery, their charges could qualify for penalty enhancements if a firearm was involved. While robbery is a felony that may carry a maximum penalty of 20 years, the person could be charged with armed robbery and may face an increased penalty of 25 years if a firearm was used. In a motor vehicle theft, which is a felony that carries a potential maximum penalty of five years, a person could face an enhanced charge of carjacking with a potential maximum penalty of 25 years if a gun was used. There are also several potential drug-related charges that could significantly be enhanced if a gun was present. Such a crime could be classified as a serious felony with a potential maximum penalty of up to 25 years in prison.

Unregistered Firearms

Penalty enhancements for crimes involving firearms may occur if the firearm in question is unregistered. Even if the firearm was registered and the person lawfully possesses a firearm. it is nonetheless illegal to commit an armed robbery. If the firearm is unregistered, it may be a penalty enhancement. If the person is convicted the fact that the firearm is unregistered could enhance and increase the potential sentence. The specific level of enhancement may depend on other factors affecting the sentence, an unregistered firearm may lead to a higher enhancement than a registered firearm.

Consequences of Illegally Distributing a Firearm to a Minor

If a person is found guilty of illegally distributing a firearm to a minor, this may have a rather significant impact. With the recent trend of increased homicide and gun violence in Maryland, one of the main focuses on the legislature is an attempt to get the guns off the street and to reduce the amount and presence of guns. Unlawfully possessed unregistered guns are typically given special consideration in this effort. Since it is illegal for someone under 21 to possess a firearm in Maryland, the State could take this allegation very seriously and an accused person may find the potential consequences of a conviction significantly increased.

Available Defenses

An attorney could check if the Maryland penalty enhancement statute applies to the gun in question. The statute and case law is very specific as to what constitutes a firearm. Rifles and shotguns may not be regulated and even if the weapon in question is a handgun, the state typically needs to prove it is a functional firearm.

Prosecutors typically must prove that the person was in possession of the firearm. The firearm may be in the vehicle, in their residence, or in some physical proximity to the person but may not be actually in their hand, in their clothing, or in a container or bag that they are holding. Since the state could be very fact specific and may need to rely on circumstantial evidence, they typically need to prove knowledge and control. If it is not readily apparent from the facts, the attorney could construct a defense that calls into question those elements of possession.

Speak to a Maryland Criminal Lawyer about Enhanced Gun Penalties

A person accused of a crime that involves penalty enhancements may need to hire an attorney since they could be facing several years if not decades in prison. They could also face probation, steep fines or costs, and very significant collateral consequences that could affect their job, their housing provisions, and numerous other consequences potentially affect professional licensing or their ability to own a gun in the State of Maryland anytime in the future.

When faced with that array of very significant consequences, you should do everything possible to avoid or minimize their exposure to those consequences. Consider hiring an attorney who has experience in defending people facing penalty enhancements in gun charges. Criminal lawyers could analyze your Maryland gun penalty enhancements and advocate for the best possible outcome, whether it be a complete dismissal of the charges or a reduced sentence.

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