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What are weapon charges?

man holding a gun drawn from a fanny pack

Weapon violations and charges

Any type of illegal matter can confuse and be scary, but when it is an illegal weapons charge resulting from weapons violation, it can go from a minor arrest to a felony fast. To be charged with criminal possession of a weapon, your life can get turned upside down, and the lifestyle you know today will be a memory if you don’t have proper legal representation. 

While ordinary citizens won’t know all the ins and outs to the law, it is wise to have a general idea of what is right and wrong. You know that robbing a bank is illegal or that driving 100 mph in a school zone is illegal (and dangerous!). What if you don’t know what are illegal weapons though? Ignorance of the law is no excuse will the first thing you’ll hear from the arresting or booking officer. 

Criminal possession of a weapon is when an individual has possession of a weapon that is considered illegal within a city, county, state, or Federal laws. Many societies have placed restrictions on the citizens living within it as to what form of weapon they may carry, own, and/or purchase. Here, we have provided an illegal weapons list. Any firearm considered illegal by local, state, and federal law may include any, all, or additional of the following: 

  • Explosives and bombs
  • Machine guns
  • Sawed-off shotguns
  • Stilettos
  • Switchblades and any other illegal knife

 What is the meaning of illegal possession of firearms?

This can vary from city to city, state to state, but for Louisiana, the law reads that the act of intentionally concealing any firearm, or other dangerous weapons on your person is considered an illegal possession of a firearm. 

Likewise, for any enemy alien to have custody, ownership, possession, or use of any firearm or other dangerous weapon; for any burglar or thief to have custody, ownership, possession, or use of any dynamite, explosives, nitroglycerine, tools, or other instrumentality with intent or while committing a crime are all considered as illegal possession of firearms. 

The laws are detailed, and an attorney or law enforcement official can provide exact explanations as to what the precise details are to initiate anyone is charged with criminal possession of a weapon. 

Is having an illegal gun a felony?

While it is in the American Constitution, the Second Amendment, citizens may keep and bear arms. However, each state can limit what weapons and in what situation a person is allowed. Any person who possesses illegal weapons and ammunition that the state they are in has specifically prohibited could be charged criminal possession of a weapon by state or federal law. 

What is the minimum sentence for gun possession?

In most cases, a person that is in possession of a prohibited weapon is charged with a misdemeanor. There are some situations that can be considered a felony offense. As a misdemeanor, the person charged may be sentenced to one year in jail and if the criminal possession of a weapon is deemed a felony, the person could be incarcerated in a state penitentiary for a minimum of one year or longer. 

Any person charged with criminal possession of a weapon should seek the guidance and services of a criminal lawyer immediately. With their guidance and knowledge of the law, the charges could be lessened or even dropped.

Can I own a gun if my spouse is a felon?

For intent, we are referring this to the laws in the state of Louisiana, as each state has different laws. If the spouse does not have any ineligibilities that prohibits her or him from owning a firearm, then yes, they can own a gun even if the spouse is a felon. 

However, legal experts advise against it, suggesting that the non-felon spouse empty the house of any firearms or ammunition, and avoid carrying them on their person or in their vehicle if the felon spouse is with them. The relevant crime of possessing is not the same as ownership, however, it is often seen as guilt by association.  

If a non-felon spouse owns or has possession of a firearm and the felon spouse is caught in possession of the weapon, they could face a criminal possession of a weapon charge. That charge could be escalated and send the person back to prison, even extending their required time served. This is another time that seeking the services of a criminal lawyer would be recommended. 

holding a knife in a violent aggressive manner

What is the punishment for possession of a knife?

In the state of Louisiana, a first offense violation that results in a conviction can result in a maximum fine of $500, and/or a maximum of 6 months’ imprisonment. Any person in Louisiana should carry a knife only after carefully reviewing the laws pertaining to such.  The law in Louisiana prohibits ‘the intentional concealment on one’s person of any ‘switchblade knife’. Assisted opening, gravity, or a one-handed opening knife are not included in this law. 

It is illegal to carry any knife on school buses, school functions, and school property. Any of these laws are broken, a person will be charged with criminal possession of a weapon and should seek the advice and service of a criminal attorney. 

The U.S. Constitution’s Second Amendment will always be upheld in any court. How it is perceived and understood could change the outcome for a person charged with criminal possession of a weapon, especially if there was any assault & battery included.  An experienced criminal attorney is the best source of advice and guidance in these matters. Call 225-438-0000 today if you need bail in Livingston Parish, LA.

How A Misdemeanor Can Affect You

Gavel & Legal Scale With a Book Library in Background

Learn More About A Misdemeanor

A misdemeanor is a legal term that is often heard around as often as felonies yet the two are different and have to do with different levels of offenses. If you’re wondering about the differences between misdemeanors and felonies it’s important to get familiar with certain laws and punishments in your state. A misdemeanor is typically reserved for more minor cases yet with repeated offenses you can quickly upgrade to more severe repercussions. Be sure to get in touch with a legal representative if you have any questions concerning a misdemeanor. Until then, here is some helpful information regarding what a misdemeanor is.

What Misdemeanor Means

A misdemeanor is a type or category surrounding a criminal charge and although they aren’t as serious as a felony they are still more of an issue than an infraction or citation. Each state will have different definitions as to what constitutes a misdemeanor in accordance with their criminal law statutes.  Some states may have “wobbler” offenses where the charges can be defined as a misdemeanor or felony depending on the circumstances. Other states can have “unclassified misdemeanors” where this heading can cover a large range of possible offenses.

What kind of charges are misdemeanors?

A misdemeanor will typically involve minor damages to property or injury to another person. A misdemeanor can range from such offenses as crimes against property, crimes against a person, and crimes against public safety or public order.

Misdemeanor Documents, Gavel & Handcuffs

What are examples of misdemeanors?

  • Simple Assault 
  • Harassment
  • Shoplifting 
  • Larceny
  • Trespassing 
  • Disorderly Conduct

Can you go to jail for a misdemeanor?

A misdemeanor punishment will differ per state yet most have jail time up to a year in county jail whereas a felony will have them carried out in state prison. A misdemeanor will typically result in punishments such as part-time incarceration, community service, monetary fines, and probation.

Can I get probation for a misdemeanor?

Probation for a misdemeanor will last at most a year with some offenses being only 6 months. Misdemeanor probation is usually not able to be transferred yet certain procedures can allow a person to move out of the county or state where they first resided in when they received the charge.

What are serious misdemeanors?

A typical misdemeanor will have a jail sentence no more than a year with a given fine yet there are classes of misdemeanors in certain states which will denote a more serious level. A Class A misdemeanor would be the most serious of the classes and have a longer sentence closer to the year mark while lower levels may carry a sentence of a few months or days.

Are misdemeanor warrants nationwide?

A misdemeanor warrant won’t be nationwide as this is usually reserved for felonies with the concept of extradition. There is, however,  an intrastate misdemeanor warrant whereby you can be arrested in a different county of the state, held in custody and transported back to the county where the warrant was issued.

Can a first time misdemeanor be dismissed?

A first-time misdemeanor offender can have charges dismissed, reduced or withdrawn but your record will still have a criminal arrest noted unless it is later expunged.

How serious is a misdemeanor on your record?

A misdemeanor will stay on your criminal record for life unless you petition the court for those records to be sealed or expunged. Depending on your charge or employer it may or may not affect job prospects.

Will I get a background check with a misdemeanor?

A misdemeanor can show up on your background check yet it depends on the background check that’s being conducted as there is a chance it may not show up. If an employer does a criminal background check it will show up. Yet since misdemeanor cases are usually done at the county level if an employer does the state and multi-jurisdiction categories but skips the county level they may not see it.

Contact A Professional For Misdemeanor Bail

If you or someone you know has gotten a misdemeanor it’s recommended to get in touch with a lawyer and a bail bondsman as these areas can be helpful in the process of legal matters moving forward. Just like any process where legal matters are involved, there will be intricate steps that will be needed to be done that should be followed in a timely manner. When you’re in trouble with the law, a bail bondsman can help just like an HVAC technician can help with air conditioning services. Bail resources are here to make the legal process smoother and you can await trial procedures at the comfort of your own home. If you have a misdemeanor and require misdemeanor bail get in touch with a professional bail service in your area today.

If you need assistance with a misdemeanor in Livingston Parish, LA call 225-438-0000 with Independent Bail Bonds of Livingston Parish!

How Does The Bail Process Work?

Closeup of Lawyer With Calculator & Justice Scale

Don’t Let The Process Confuse You

The term “bail” might be something that we have heard in passing before, but don’t really understand how it works. If we are fortunate, that is a term that will only be heard on television or in movies. But for some of us, it is a harsh reality that needs to be addressed. The bail process usually has a quick turnaround, which is great for defendants. It allows them to spend time prior to the trial with family and friends. Just as importantly, it allows for time spent with a defense attorney, preparing for the trial ahead. Having the ability to do these things without being behind bars is a hugely beneficial scenario regardless of whether your charge is a misdemeanor or felony. But what about the rest of the bail process? How does it work? What do you need to know?

The bail process seems relatively straightforward in the state of Louisiana: once the judge has set the total amount of bail, it can be posted in the form of a bond. The bond is typically 10%-15% of the total cost of the bond. So, for example, if bail is set at $100,000, the bond would cost in the area of $10,000-$15,000. Bail is there to allow the defendant to spend their time pre-trial outside of jail. It is something of an insurance policy in the event that the defendant decides to leave town prior to the trial. If they show up for their court date, that bond money is returned to the person or persons that posted it. If they don’t show up, it is kept as a penalty or fee.

Does bail get you out of jail?

The short answer is “yes, sort of.” While posting bail does get you out of jail in the short term, it does not mean that you are free and clear of your charges. Posting bail allows the defendant to spend the pre-trial time of the process with friends and family while also consulting with their attorney on a defense. Bail is not automatically granted, however. It the case of more severe times or a defendant with a more comprehensive record, the judge may deem that no amount of bail is justifiable and that the defendant must remain in jail.

How long does bail take to process?

This can vary depending on a few factors, but generally speaking, the process will take in the neighborhood of 6-8 hours. It takes time for the bondsman to get all of the paperwork together to file with the court and jail for the release of the defendant. Once the bond is posted and the paperwork has been filed, it can take around 45 minutes for the defendant to be released from the jail.

Classic Facade Column Building Roof Angled View From The Street

How does bail get posted?

There are a number of different ways to meet bail and ultimately get out of jail:

  • Personal Recognizance
  • Cash Bond
  • Commercial Surety Bond
  • Property Bond

More In-Depth Definitions

Personal Recognizance. In the case of non-violent offenders, it can be asked of the court to be released without bond security. This is where an experienced attorney can come in handy for those in Louisiana facing charges.

Cash Bond. This is when the defendant or a co-signer puts up the entire amount of the bail. This generally does not involve a bail bondsman and can be done if the defendant or co-signer has the funds available immediately.

Commercial Surety Bond. This is where a bail bondsman comes into play. Under Louisiana law, the bond company – which has to be regulated and licensed through the Department of Insurance – can enter into a contract with the defendant. Usually, the bond company will receive 12% of the bail amount for posting the entire amount of the bond to the court.

Property Bond. When the funds are not available to the defendant or co-signer, land can be put up to cover the costs. Land located in the state will have a mortgage recorded against the property and will ensure that there is equity to pay the bond.

What happens with the bail money?

This has two general answers. The first and easiest is that if the defendant leaves town before the trial, the full amount of the bond is kept as a penalty or fee. This is non-refundable if the defendant skips town prior to the trial. When the defendant does arrive for trial, the bond itself is returned to the individual that posted it minus the fees. If a bail bondsman is used, it will cost 12% of the total of the bond as well as the court costs and the charges from the parish (usually around $200). These fees should be taken into account when posting the bail bond so that the defendant or co-signer is aware that not all of their money will be returned at the end of the process. Bail can be a costly short-term endeavor and knowing where the money is going can help in the stressful process.

When you need help with bail bonds in Livingston Parish, LA call 225-438-0000 With Independent Bail Bonds of Livingston Parish today.