Firearm and Ammunition Offences
Our Criminal Defence Lawyers are experts in leading all types of cases involving Firearms Offences. The Law surrounding Firearms in the United Kingdom is complex and extensive. Firearms Offences can carry harsh Custodial Sentences, many of which have a minimum Custodial Sentence attached.
If you are facing criminal investigation for Firearms Offences, it is of vital importance for the longevity of your case for receive advice from an expert Criminal Defence advisor from the beginning of your case. Certain Firearms Offences carry a minimum sentence of 5 years for an Adult and 3 years for a 16 or 17 year old. The maximum custodial sentence for Firearms Offences is usually 10 years, however if other offences are involved, life imprisonment may be imposed.
What type of Sentences are passed for Firearms Offences?
When it comes to Sentencing for Firearms Offences, a number of questions can be referred to in order to determine an appropriate sentence, such as:
· What kind of weapon was involved? There are significant differences between an imitation weapon and a genuine weapon, as there are differences between a loaded weapon and an unloaded weapon.
· Was the weapon loaded?
· Was the weapon used visibly in a public place?
· What was the intention of the Defendant? If there is evidence of premeditated use, the offence will be deemed as more serious.
· Was the Defendant in possession of more than one weapon?
· Was the weapon intended for sale or supply?
· Does the Defendant have any previous convictions relating to a similar offence? If the Defendant has an established history of similar offences or violent offences, the penalty may be more severe.
· Was the weapon seized in relation to drug dealing, gang association or organised criminal activity?
· Was anybody injured, or did anybody anticipate injury?
What can be done to lower a sentence for a Firearms Offence?
Mitigating Factors may also be into consideration during sentencing. Mitigating aspects can influence the Judge over the sentence they will pass. A main factor that a Judge will take into consideration when passing a sentence is the nature and level of a Defendant’s remorse. Other examples include:
· Previous convictions, or lack thereof
· A Defendants level of co-operation with the Investigation
· Good character or reputation of a Defendant
· Whether there are any Mental Health Disorders or Learning Disabilities that the Defendant
has been diagnosed with
· Whether the Defendant is the sole or primary carer for dependants
As with many Criminal Offences, entering a Guilty plea at the first available opportunity for Firearms Offences can reduce a sentence by up to 1/3. The later the plea is entered, the more credit is reduced.
To ensure you are advised astutely from the very beginning, contact our Legal Team today for a confidential consultation. We have a magnitude of experience in defending clients accused of Firearms Offences, which can be read about here
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If you or someone you know is accused of possession of firearms, it is important that you have a strong defence to get the best possible outcome for you case. Atesh solicitors is dedicated to ensuring all the necessary steps are taken to prepare your arguments and support you emotionally throughout your investigation. Our criminal law solicitors are empathetic and understand that this is a worrisome period.
The Firearms Act 1968 defines a Firearm as: “... a ‘lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged.
The term firearm is defined in the Firearms Act as:
• A lethal barrelled weapon
• Prohibited weapons
• Any relevant part of a lethal barrelled weapon of prohibited weapon
• Any relevant accessories to a lethal barrelled weapon or prohibited weapon
Examples of firearms include:
• Shot guns
• Air weapons
• Riffled gun
• Smooth bore revolver gun
• Rocket launcher or mortar for stabilising a missile
• Air riffle/air gun/air pistol
• Weapons designed for the discharge of noxious liquids or gas
Some Firearms may be lawfully possessed with a Firearms and Shotgun Certificate. These are issued by the police and usually permit lawful possession of a firearm, shotgun and ammunition.
Firearms that are criminalised in the Firearms Act includes: “any prohibited weapon, whether it is such a lethal weapon as aforesaid or not; and any component part of such a lethal or prohibited weapon; and any accessory to any such weapon designed or adapted to diminish the noise or flash caused by firing the weapon.”
The Firearms Act also covers legislation relating to Air Weapons, Imitation Firearms, Realistic Imitation Firearms and readily convertible Imitations. There are various Sections and Subsections of the Firearms Act 1968, including but not limited to:
• Section 1 of the Firearms Act which relates to requirements of a Firearm Certificate. Including, Possession of a Firearm/Specially Dangerous Air Weapon and certain Ammunition Without a Certificate.
• Section 2 of the Firearms Act which relates to Possession of, Purchasing or Acquiring a Shotgun Without a Certificate.
• Section 5 (1A) of the Firearms Act which relates to Possession of a Prohibited Weapon, including Firearms designed or adapted to fire two or more missiles without repeated pressure on the trigger, e.g.: machine guns and burst fire weapons.
If someone is charged with possession of firearm, the prosecution will try and gather evidence to prove that the person knew they had something in their possession.
Contact our specialist criminal solicitors to find out more about the best way to move forward in your case.
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If you or someone you know is under investigation for importation of drugs, we understand that you can be very anxious and worried. The law surrounding the offence is complex and for this reason we advise you seek legal expertise. Our solicitors can advise you in the investigation and evidence process that is often onerous. Our team is here to defend and support you, both materially and emotionally as this period can be worrying and complex.
Atesh Solicitors are specialised in offences related to firearms and have years’ worth of expertise ranging from small to serious and complex cases. We are dedicated to support our clients, no matter what your case involves, with no judgement and utmost professional and moral support. Do not lose hope, as the law states, you are innocent till proven guilty.
Possession of a firearm with intent to endanger life is covered by the Firearms Act 1968. It refers to conduct of a person where they are in physical possession of a firearm or ammunition with the intention to endanger life or cause serious injury to property. It also covers persons who enable another person to gain physical possession of firearms or ammunition who had the intention of endangering life or property.
The term firearm is defined in the Firearms Act as:
• A lethal barrelled weapon
• Prohibited weapons
• Any relevant part of a lethal barrelled weapon of prohibited weapon
• Any relevant accessories to a lethal barrelled weapon or prohibited weapon
Examples of firearms include:
• Shot guns
• Air weapons
• Riffled gun
• Smooth bore revolver gun
• Rocket launcher or mortar for stabilising a missile
• Air riffle/air gun/air pistol
• Weapons designed for the discharge of noxious liquids or gas
An example of possession of firearm with intent to endanger life is carrying a knife with the intention to commit a criminal conduct.
The sentences for this offence are severe, carrying a maximum life sentence of life imprisonment. A persons charged will depend on various factors, including culpability and harm.
The involvement of the individual will be measured on a three-tier scale:
• High culpability
• Medium culpability
• Low culpability
Harm:
• Category 1: severe physical and psychological harm caused
• Category 2: serious physical psychological harm cause, or high risk or death or severe physical or psychological harm or disorder
• Category 3: distress caused
If you are under investigation for possession of firearm with intent to endanger life, the prosecution will gather evidence to use against your case to prove possession, intent, culpability, and harm to decide your sentence. The maximum sentence you can receive is life imprisonment. A reduced sentence can range from 4 to 22 years depending on the facts of your case and the strength of you defence.
It is very important that you are supported by a specialised solicitor which can advise and support your case at every stage, providing both emotional and professional care, to conclude your case with the best outcome possible.
Contact our specialist criminal solicitors to find out more about the best way to move forward in your case.
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If you or someone you know has been charged with possession of a prohibited firearm, or is in custody, call us immediately. What is asked and what is said by you at the early stage of custody can be used against you at later stages during the investigation. It is very important that you get professional legal advice from the very start.
Possession of a prohibited firearm is covered by the Firearms Act and refers conduct where a person is in physical possession of a firearm that is unlawful.
The term firearm is defined in the Firearms Act as:
• A lethal barrelled weapon
• Prohibited weapons
• Any relevant part of a lethal barrelled weapon of prohibited weapon
• Any relevant accessories to a lethal barrelled weapon or prohibited weapon
Examples of firearms include:
• Shot guns
• Air weapons
• Riffled gun
• Smooth bore revolver gun
• Rocket launcher or mortar for stabilising a missile
• Air riffle/air gun/air pistol
• Weapons designed for the discharge of noxious liquids or gas
The minimum sentence for possession of a prohibited firearm is 5 years imprisonment.
If you are accused of possession of a prohibited firearm, the prosecution’s next steps will be to gather evidence to be used against you to prove that there was an agreement. Having a competent solicitor to guide you through the legal procedures can make a significant difference to your charges and sentencing.
Contact our specialist criminal solicitors to find out more about the best way to move forward in your case.
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If you or someone you know is under investigation for conspiracy to possess a firearm, we understand that you can be very anxious and worried. The law surrounding the offence is complex and for this reason we advise you seek legal expertise. Our solicitors can advise you in the investigation and evidence process that is often onerous. Our team is here to defend and support you, both materially and emotionally as this period can be worrying and complex.
Atesh Solicitors are specialised in offences related to firearms and have years’ worth of expertise ranging from small to serious and complex cases. We are dedicated to support our clients, no matter what your case involves, with no judgement and utmost professional and moral support.
If a person is investigated for conspiracy to possess firearm, the Prosecution will have to prove beyond reasonable doubt that there was an agreement between two or more persons to possess a firearm. This offence criminalises the agreement, not the actual possession of the firearm. For this reason, a person could face criminal proceedings based of telephone data.
The term firearm is defined in the Firearms Act as:
• A lethal barrelled weapon
• Prohibited weapons
• Any relevant part of a lethal barrelled weapon of prohibited weapon
• Any relevant accessories to a lethal barrelled weapon or prohibited weapon
Examples of firearms include:
• Shot guns
• Air weapons
• Riffled gun
• Smooth bore revolver gun
• Rocket launcher or mortar for stabilising a missile
• Air riffle/air gun/air pistol
• Weapons designed for the discharge of noxious liquids or gas
The sentences for conspiracy to possess a firearm are severe, with a maximum sentence of 10 years. Depending on the facts of you case, the existence of aggravating factors and the existence of other crimes, this could be less or more.
If you are accused of conspiracy to possess a firearm, the prosecution’s next steps will be to gather evidence to be used against you to prove that there was an agreement. Having a competent solicitor to guide you through the legal procedures can make a significant difference to your charges and sentencing.
Contact our specialist criminal solicitors to find out more about the best way to move forward in your case.
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If you or someone you know has been charged with possession of an imitation firearm, or is in custody, call us immediately. What is asked and what is said by you at the early stage of custody can be used against you at later stages during the investigation. It is very important that you get professional legal advice from the very start.
If you are charged with Possession of an Imitation Firearm, the prosecution must prove that you were in physical possession of a firearm at the time of arrest. Intention is not relevant.
An imitation firearm is defined as “a thing which has the appearance of being a firearm … whether or not it is capable of discharging any shot, bullet or other missile.” When considering whether “a thing” has the appearance of a Firearm.
Deactivated weapons are exempt from the definition of imitation firearms although it is still possible to be charged as an offence. Expert evidence will be used to determine the whether the imitation gun is deactivated accordingly to the laws.
Sentences for persons charged of an imitation firearm can range from fines, 6 months to 12 months’ imprisonment, or both. Community orders can be adjudicated also.
It is very important that you are supported by a specialised solicitor which can advise and support your case at every stage, providing both emotional and professional care, to conclude your case with the best outcome possible.
Contact our specialist criminal solicitors to find out more about the best way to move forward in your case.
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If you or someone you know is under investigation for possession of an imitation firearm with intent to cause fear of violence, we understand that you can be very anxious and worried. The law surrounding the offence is complex and for this reason we advise you seek legal expertise. Our solicitors can advise you in the investigation and evidence process that is often onerous. Our team is here to defend and support you, both materially and emotionally as this period can be worrying and complex.
Atesh Solicitors are specialised in offences related to firearms and have years’ worth of expertise ranging from small to serious and complex cases. We are dedicated to support our clients, no matter what your case involves, with no judgement and utmost professional and moral support. Do not lose hope, as the law states, you are innocent till proven guilty.
Governed by the Firearms Act, possession of an imitation firearm with intent to cause fear of violence refers to conduct where a person is in physical possession of a firearm with the intention to cause another person or property violence.
An imitation firearm is defined under section 5(1)(b) as, “anything which has the appearance of being a firearm”
The sentences range from medium level community order to 9 years’ custody, with a maximum sentence of 10 year’s custody. The sentence received will depend on various factors, including culpability and harm.
The involvement of the individual will be measured on a three-tier scale:
• High culpability
• Medium culpability
• Low culpability
Harm:
• Category 1: severe physical and psychological harm caused
• Category 2: serious physical psychological harm cause, or high risk or death or severe physical or psychological harm or disorder
• Category 3: distress caused
If you are under investigation for possession of an imitation firearm with intent to cause fear of violence, the prosecution will gather evidence to use against your case to prove possession, intent, culpability, and harm to decide your sentence, along with several other factors. The maximum sentence you can receive is 10 years’ custody. A reduced sentence can range from community order to 9 years in custody depending on the facts of your case and the strength of you defence.
It is very important that you are supported by a specialised solicitor which can advise and support your case at every stage, providing both emotional and professional care, to conclude your case with the best outcome possible.
Contact our specialist criminal solicitors to find out more about the best way to move forward in your case.