Damico & Stockstill, Attorneys at Law

Illegal use of weapons charge

Owning certain weapons, such as a gun, is considered to be a highly valued right in the United States. However, owning this or any other type of weapon comes with responsibilities. These weapons cannot be used anywhere for any reasons at any time, and the failure to comply with these standards and rules could jeopardize a person's right to bare arms. When a deadly weapon is used in the commission of a crime, this is an illegal use of a weapon. And if a victim of this crime loses his or her life, it is possible for the accused to face serious charges, such as murder or homicide.

In the state of Louisiana, section 14.94 outlines the illegal use of weapons and other dangerous instrumentalities. This statute defines this as the intentional or criminal negligent discharge of any type of firearm. This also includes the throwing, placing or any other use of an item where it is foreseeable that it may result in death or great bodily harm to a human being.

Those facing a charge for the illegal use of weapons or dangerous instrumentalities could face serious penalties. This includes fines of no more than one thousand dollars, imprisonment for no more than two years or both. If this is not the offender's first conviction, he or she could face imprisonment for 5 to 7 years without the benefit of probation or suspension of the sentence.

Additionally, those accused of committing this crime by discharging a firearm from a motor vehicle upon a public street or highway with the intent to injure, harm or frighten another human being could face harsh consequences. A conviction could result in imprisonment for 5 to 10 years.

When facing a murder charge, the accused could face additional criminal charges based on the usage of a weapon. Because of this, a defendant could face multiple harsh penalties. This makes it especially imperative that criminal defense options are explored, as this could help the accused reduce the charges against them or even help them obtain an acquittal.

Source: Lawserver.com, "Louisiana Revised Statutes 14:94 - Illegal use of weapons or dangerous instrumentalities," accessed Feb. 24, 2018

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