Lake Wylie Gun Crime Lawyer

Lake Wylie Gun Crime Attorney

Gun laws can be confusing to understand, with each state and municipality having its own statutes and regulations. Because gun laws vary so much, a gun owner can find themselves charged with a gun crime without knowing they were breaking the law. A Lake Wylie gun crime lawyer can help if you have been charged with a gun crime.

Hire a Gun Crime Lawyer – Christopher A. Wellborn, P.A.

Christopher A. Wellborn, P.A., has dedicated over 30 years to defending residents of Lake Wylie and the surrounding area from criminal charges, including gun crime charges. Christopher Wellborn, a former prosecutor, is well-respected and now exclusively defends clients facing criminal charges. When your future is on the line, you want an attorney who can anticipate the tactics of the prosecution and fight for your future.

Gun Crime Laws in Lake Wylie

Knowing the state and local gun laws is critical. Because gun laws can change from state to state, it’s important to understand the basics of South Carolina gun laws and keep up to date with legislative changes to ensure you are not breaking the law if you own a firearm.

In Lake Wylie, some of the most common gun-related charges people face include:

• Unlawful possession of a firearm
• Carrying a concealed handgun in prohibited locations
• Illegal discharge of a firearm (also, discharging a firearm into property that people occupy)
• Assault with a deadly weapon
• Stealing a firearm

South Carolina Concealed Carry Weapons Permits

In Lake Wylie, you can be issued a concealed carry weapons permit (CWP) if you meet the qualifications and requirements. As of March 07, 2024, it is legal in Lake Wylie to openly carry or carry a concealed weapon for anyone over the age of 18 and who isn’t already prohibited from owning a firearm by law. However, individuals can still be issued a permit if they want one.

A CWP can be issued to both residents and non-residents in the state of South Carolina, as long as they own property within the state’s borders. Military personnel who are stationed in South Carolina may also be issued a CWP. You may purchase a firearm from a private individual without a permit, background check, or firearms registration.

675,000 CWPs have been issued in South Carolina. To ensure every Lake Wylie citizen’s safety, it’s important that all concealed and open carriers abide by all state and federal laws. One of the important restrictions to know is the areas that are off-limits for concealed or open carry:

• Churches
• Government buildings or courts
• Schools or childcare facilities
• Polling place
• Medical facilities

This is not an exhaustive list. Every municipality may temporarily restrict the lawful open carry of a firearm on public property. Additionally, any private property with a sign indicating “no weapons allowed” will be enforced, prohibiting individuals from carrying either openly or concealed on the property.

South Carolina and the Castle Doctrine

The Protection of Persons and Property Act, otherwise known as the Castle Doctrine, or Stand Your Ground law, in South Carolina Code Section §16-11-440, states that if you are attacked and in a life or death situation, you have the right to use deadly force if necessary to defend yourself against:

• A person unlawfully and forcefully entering a dwelling, residence, or occupied vehicle
• A person removing or attempting to remove a person from a dwelling, residence, or occupied vehicle against their will

If your charges stem from an incident that meets the criteria within this area of law, we could use it to build your defense.

FAQs

What Are Some Aggravating Factors in a Gun Crime Charge?

There are various aggravating factors in a gun crime charge in South Carolina. One aggravating factor that can increase your penalties should you be convicted is having a prior record of violent crime, and having your right to possess a firearm already revoked while still possessing a firearm. Using a firearm to commit another crime and crimes involving vulnerable individuals are other aggravating factors.

How Can a Gun Crime Lawyer Help Defend Against Firearm Possession or Discharge Charges?

When you hire a gun crime lawyer like Christopher Wellborn, P.A., they can help build a defense for you against charges of firearm possession or discharge in a few ways:

• Challenge the evidence through a suppression motion
• Dispute your intent to commit the crime
• Claim the lack of probable cause for the original stop and search
• Confirm that a warrant is valid, properly obtained, and correctly executed
• Claim the gun belonged to someone else, or was planted
• Claim entrapment or misconduct by law enforcement

What Are the Potential Penalties for a Gun Crime Conviction in South Carolina?

The penalties for a gun crime in South Carolina depend on the charges. For a misdemeanor, you could face a year in prison and a fine of $1000. For a felony gun crime, you could face up to 5 years in prison and a fine of up to $2000. Repeat offenses or aggravating factors can increase both jail time and fines.

Can a Prior Criminal Record Affect a Gun Crime Case in Lake Wylie?

Yes, a criminal record can affect the outcome of a Lake Wylie gun crime case. A prior criminal history could mean harsher punishments, especially for repeated offenses. If a penalty has a mandatory minimum penalty, having a criminal history could increase the minimum penalty.

Certain charges in Lake Wylie could apply only if you have prior convictions. For example, South Carolina Code §16-23-500 criminalizes the possession of a firearm by anyone previously convicted of a violent crime.

Lake Wylie Gun Crime Attorney You Can Trust

You don’t have to fight gun crime charges in Lake Wylie by yourself. Our legal team is dedicated to advocating for those accused and fighting for their future and freedom. Contact us at Christopher A. Wellborn, P.A., today to schedule a consultation, and we can start building your defense against Lake Wylie gun crime charges.