Arrested in Little Rock?
Little Rock Gun Crimes Lawyers
Weapons Crimes Defense in Arkansas with offices in little rock, Mountain Home, & Texarkana
Guns are a part of our culture in Arkansas. They are relied on for self-defense and used for hunting. One unfortunate byproduct is that circumstances can sometimes sweep people into situations where crimes involve a deadly weapon. Felony charges can result, and the quality of your Little Rock gun crimes lawyer might be the difference between freedom and prison.
Collins, Collins & Ray has extensive experience in weapons cases, and we pride ourselves on an intense one-on-one commitment to each client who comes through our doors.
Gun Crimes in Arkansas
Guns may be involved in any number of crimes, so the sentencing guidelines will vary. Arkansas classifies most felonies on five different levels with a Class Y being the most serious and Class D being the least serious. However, even a Class D conviction can mean six years in jail, the loss of Second Amendment rights, the loss of voting rights, steep fines, and a record that can make post-prison life very difficult.
It can be easier than most people realize to end up facing gun-related criminal charges. Here are three examples:
- An intruder is on someone’s property. They fire a shot, and the intruder is hit. Was there cause to use the weapon? If the state doesn’t think so, felony charges could be forthcoming.
- One person is in a heated argument with another. It’s just words, but one person has a gun on them, and the other person feels threatened by it. This can meet the legal definition of assault, which only requires the threat of violence. If the state thinks the perceived threat of gun usage was credible, felony assault charges can be filed.
- A person sells their gun to someone who has a domestic violence conviction on their record and uses the gun to commit another crime. Simply the act of selling the gun to a convicted felon is enough to bring someone to the attention of a prosecutor. The fact the gun was then used in the commission of another felony can enhance charges.
These are just a handful of examples of the way citizens can run afoul of gun laws. No matter what, all these potential defendants deserve a Little Rock gun crimes attorney who will fight vigorously for their defense, their freedom, and their reputation.
Collins, Collins & Ray understands the criminal justice system from every angle, and we know how to find the right defense strategy for each case.
The number of possible defense strategies are as numerous as the number of possible crimes. Small details matter in weapons cases, and each circumstance will be a little different.
Contact Us to Begin Building Your Case
Collins, Collins & Ray is run by lawyers and staff who know the criminal justice system from every angle. We have everyone from former prosecutors to former police officers on our legal defense team. We leverage that experience on behalf of our clients, at a time when those clients are facing life-altering situations.
AY Magazine’s Arkansas Best Lawyers: Brian Ray 2020, 2021
American Institute of DUI/DWI Attorneys – 10 Best Client Satisfaction: John C. Collins 2016
Arkansas Life Magazine’s – Top Attorneys: John C. Collins 2016, 2019
- Self-defense: This is a prime defense strategy in weapons cases. We all have the right to defend our person, our family, and our property. If a response is proportionate to the threat a person reasonably perceived, then there is a basis for a self-defense claim.
- Misunderstandings: Assault cases that don’t involve actual use of a weapon might be a big misunderstanding. The mere fact one person thought the other might use a gun does not alone make the belief credible. The defense might say their client had no intention of using the weapon and did nothing that would indicate otherwise.
- Due diligence was done: Mistakes happen, and a person who sold a gun to someone who had a previous record might not have been aware of it. The law does not expect people to be perfect — simply that they make reasonable efforts. A gun crimes defense strategy might involve showing that reasonable care was taken.
It’s important to note that the burden of proof will lie with the prosecution. It’s the D.A.’s responsibility to show that the perceived need for self-defense was not credible. A District Attorney has to show that the threat of gun violence in a verbal argument was real and not imagines. The prosecutor has to demonstrate that a gun seller could have done more to find out about the background of their buyer. Burden of proof is a difficult hurdle for prosecuting attorneys to clear. As defense lawyers, we pride ourselves on making that job even more difficult.
Can a prior DUI be used to enhance a prior DWI?
No, under Arkansas law, a DUI cannot be used to enhance a DWI. For example, if you get a DUI when you are 19 and then get another DUI when you are 20, it will be a DUI-2. But if you then get a DWI when you are 21, that will be a DWI-1, and the DUIs will not be used to enhance the DWI to a DWI-2 or DWI-3.
Can a prior DWI be used to enhance a DUI?
Yes, a prior DWI can be used to enhance a DUI.
Is the look back period ten years from when I got my first DWI or ten years from when I plead guilty?
Enhancement for prior DWIs and DUIs during the 10-year look-back period are determined from the date the violations occurred rather than the date of conviction.
How long do the Courts look back when determining if this is a 1st or subsequent DWI or DUI?
The Courts will look back ten years.