Can You Get a Gun Charge Dropped or Reduced in Missouri?

Facing a gun charge in Missouri can be a troubling experience, but it’s important to know that being charged doesn’t necessarily mean you’ll be convicted. Depending on the circumstances of your case, it may be possible to have the charges against you dropped or reduced.

What Types of Gun Charges Can Be Dropped or Reduced?

In Missouri, gun charges can range from misdemeanors to felonies, depending on the nature of the alleged offense. Some common gun charges include:

• Illegal possession of a firearm: This can apply to individuals who are not allowed to own a firearm due to a previous felony conviction, domestic violence conviction, or other legal restrictions.
• Carrying a concealed weapon without a permit: Missouri allows permitless concealed carry, but there are still restrictions, particularly for individuals with criminal histories or those carrying in prohibited locations.
• Unlawful use of a weapon: This charge can be applied in situations where someone is accused of brandishing a weapon in a threatening manner or firing it unlawfully.
• Possession of an illegal firearm: This can include owning certain types of prohibited weapons, such as sawed-off shotguns or fully automatic firearms, without the proper permits.

In many of these cases, there may be opportunities to negotiate a reduction in charges, especially if the defendant has no prior criminal record or if certain legal defenses apply. The first step in determining whether a charge can be dropped or reduced is working with a knowledgeable criminal defense attorney who understands Missouri’s gun laws.

How Can a Gun Charge Be Dropped?

Having a gun charge completely dropped means that the prosecution dismisses the case against you. This can happen for several reasons, including:

• Lack of evidence: If the prosecution cannot provide sufficient evidence to prove the charge beyond a reasonable doubt, they may drop the case. This often occurs when there is missing or inconclusive evidence, such as a lack of witnesses or forensic proof.
• Improper search and seizure: Under the Fourth Amendment, law enforcement must follow strict rules when conducting searches and seizures. If your attorney can prove that a firearm was obtained through an illegal search, the evidence may be thrown out, potentially leading to a dismissal of the charges.
• Violation of your rights: If your constitutional rights were violated during the arrest or investigation, such as being denied the right to an attorney or being coerced into giving a confession, this could result in the dismissal of the charges.
• Successful self-defense claim: In some cases, gun charges stem from self-defense situations. Missouri’s Castle Doctrine allows individuals to use force to protect themselves or their property. If your attorney can prove that your use of a firearm was justified under this law, the charges may be dropped.

If any of these factors apply to your case, your attorney may file a motion to dismiss the charges. If successful, this means the charges are dropped, and you will not face further legal consequences related to that case.

How Can a Gun Charge Be Reduced?

If having your gun charge dropped is not possible, the next best option may be to have the charge reduced. Reducing a charge typically involves negotiating with the prosecutor to lessen the severity of the offense. This can result in fewer penalties and a less serious criminal record. Some ways a charge can be reduced include:

• Plea bargaining: In many cases, a prosecutor may be willing to reduce the charge in exchange for a guilty plea to a lesser offense. For example, a felony gun charge could be reduced to a misdemeanor, which carries less severe penalties.
• Lack of criminal intent: If your attorney can prove that you did not have criminal intent when the alleged gun crime occurred, the prosecutor may agree to reduce the charge. For example, if you were found with a firearm but did not intend to use it unlawfully, the charge may be reduced.
• No prior criminal record: Individuals with no prior criminal record often have a better chance of negotiating a reduced charge, especially if they demonstrate that the incident was a one-time mistake rather than part of a pattern of criminal behavior.
• Evidence of rehabilitation: Showing evidence that you are taking steps to avoid future legal trouble, such as attending firearm safety courses or completing community service, can also convince the prosecutor to reduce the charge.

In Missouri, reducing a gun charge from a felony to a misdemeanor can make a significant difference in the penalties you face. A felony conviction may result in jail time, heavy fines, and the loss of your right to own a firearm, while a misdemeanor typically carries lighter penalties. By working with a criminal defense attorney, you can explore your options for reducing the severity of your charge and the impact it may have on your future.

The Importance of Legal Representation

Missouri has some of the most permissive gun laws in the country, but violations of these laws can still result in serious criminal charges. Whether you are facing a misdemeanor or felony gun charge, it is critical to have an experienced criminal defense attorney on your side. An attorney can help you assess the strengths and weaknesses of the prosecution’s case, negotiate with prosecutors, and build a strong defense on your behalf.

If you or someone you know has been charged with a gun crime, contacting an attorney as soon as possible is essential. Early legal intervention can make a significant difference in the outcome of your case. An experienced criminal defense attorney can work to protect your rights and fight for the best possible outcome, whether that means having the charges dropped, reduced, or dismissed entirely.

If you have questions about your gun charge or would like to discuss your case, reach out to us today. We are here to help you understand your options and build a strong defense against any gun charges you may be facing.