843-444-6122

Weapon Charges

Weapons charges in South Carolina encompass a broad range of offenses, including unlawful possession, carrying a concealed weapon without a permit, or using a weapon during the commission of a crime. These charges are taken very seriously and can lead to severe legal consequences, including hefty fines, imprisonment, and a permanent criminal record. Navigating the intricacies of weapons laws in South Carolina requires a deep understanding of the legal landscape and a strategic approach to defense.

The Importance of Addressing Weapons Charges with Experienced Legal Representation

When facing weapons charges, the stakes are incredibly high. The penalties can be severe, and the legal landscape is complex, involving both state and federal laws. Securing experienced legal representation is crucial to navigating these complexities and protecting your rights. At Thompson and Hiller Defense Firm, we bring extensive knowledge and a proven track record in handling weapons charges. We are dedicated to developing a robust defense strategy tailored to the specifics of your case, ensuring the best possible outcome.

South Carolina Law Code on Weapons Charges

The South Carolina Code of Laws provides detailed statutes related to various weapons offenses, including recent updates:

  • Permitless Carry (S.C. Code § 23-31-215): As of 2023, South Carolina law allows individuals to carry concealed weapons without a permit in some public places. However, restrictions still apply in certain areas, such as schools and government buildings, and private property owners can prohibit concealed carry on their premises.
  • Unlawful Carrying of a Handgun (S.C. Code § 16-23-20): Despite the new permitless carry law, it remains illegal to carry a handgun without a permit in locations where permits are still required. Violations can result in fines and imprisonment for up to one year.
  • Possession of a Firearm by a Person Convicted of a Violent Crime (S.C. Code § 16-23-30): Individuals convicted of a violent crime are prohibited from possessing a firearm. Violations can lead to imprisonment for up to five years.
  • Pointing a Firearm at Another Person (S.C. Code § 16-23-410): Pointing a firearm at another person, whether in jest or otherwise, is illegal and can result in imprisonment for up to five years.
  • Unlawful Possession of a Firearm by a Felon (S.C. Code § 16-23-500): Felons are prohibited from possessing firearms. Violations can lead to fines and imprisonment for up to five years.
  • Use of a Firearm in the Commission of a Violent Crime (S.C. Code § 16-23-490): Using a firearm during the commission of a violent crime results in additional penalties, including a mandatory minimum sentence of five years, which must be served consecutively to any other sentence.

Your Rights When Facing Weapons Charges

When facing weapons charges, understanding your legal rights is essential. You have the right to remain silent to avoid self-incrimination, and you have the right to legal representation. If you cannot afford an attorney, one will be appointed for you. Additionally, you have the right to challenge the evidence against you, including the legality of the search and seizure of the weapon.

Begin Your Defense Today

Call for a free Case Consultation

If you are facing criminal charges in South Carolina, call Thompson & Hiller to hear your options.

Common Questions About Weapon Charges

What are the penalties for carrying a concealed weapon without a permit in South Carolina?

Penalties for carrying a concealed weapon without a permit in areas where it is still required can include fines and imprisonment for up to one year.

What is the difference between state and federal weapons charges?

State weapons charges are prosecuted under South Carolina law, while federal weapons charges involve violations of federal law. Federal charges often carry harsher penalties and involve different legal procedures.

Can I legally possess a firearm if I have been convicted of a violent crime?

No, individuals convicted of a violent crime are prohibited from possessing firearms in South Carolina. Violations can result in imprisonment for up to five years.

How does a weapons charge affect my criminal record?

A weapons charge can result in a permanent criminal record, affecting your ability to find employment, obtain housing, and possess firearms in the future.

 

What are the implications of using a firearm during the commission of a violent crime?

Using a firearm during the commission of a violent crime can result in additional penalties, including a mandatory minimum sentence of five years that must be served consecutively to any other sentence.

 

How does South Carolina law treat the pointing of a firearm at another person?

Pointing a firearm at another person, whether in jest or otherwise, is illegal and can result in imprisonment for up to five years.

 

Implications of Weapons Charges

The implications of weapons charges are far-reaching and severe. A conviction can result in a permanent criminal record, loss of gun rights, higher insurance premiums, and significant financial burdens. Additionally, a weapons conviction can impact your personal and professional life, causing stress and difficulties in relationships and employment. Understanding the gravity of these implications and taking proactive steps to address them is crucial to minimizing their impact on your life.

How Thompson and Hiller Can Support You

At Thompson and Hiller Defense Firm, we leverage our extensive experience and deep knowledge of weapons laws to provide robust defense strategies for our clients. We understand the complexities and challenges associated with weapons charges and are committed to protecting your rights and achieving the best possible outcome. Our team will meticulously analyze your case, challenge unlawfully obtained evidence, and develop a tailored defense strategy to address your unique circumstances.

Contact Us Today for Your Free Case Consultation

If you or a loved one is facing weapons charges in South Carolina, secure the experienced legal representation you deserve. Contact Thompson and Hiller Defense Firm today for a free, confidential consultation. We are here to provide the dedicated legal support you need, answer your questions, and guide you through the legal process. Call us now to take the first step towards safeguarding your rights and your future.

South Carolina’s Constitutional Carry Act of 2023

Understanding the New Permitless Carry Law

In 2023, South Carolina enacted the Constitutional Carry Act, allowing individuals to carry concealed weapons without a permit in certain public places. This significant change aims to expand the rights of lawful gun owners while still maintaining safety measures. Under this law, individuals can carry concealed firearms without the need for a state-issued permit, provided they meet all other legal requirements for firearm possession. However, restrictions still apply in specific areas, such as schools, government buildings, and private properties where the owner has prohibited firearms.

Despite the increased freedom provided by the new law, it is crucial for gun owners to understand the boundaries and responsibilities it entails. Violating the restrictions can lead to serious legal consequences, including fines and imprisonment. Therefore, it is important for those carrying under this new law to stay informed about where they can legally carry their firearms and to exercise their rights responsibly.

Review Our Client Successes

State v. W.V., July 2021

W.V. was charged with domestic violence in the 2nd degree. The case was dismissed after negotiations with the prosecutor

State v. G.M., August 2020

G.M. was charged with domestic violence in 1st degree and the judge denied G.M.’s bond. Defense attorney secured a reasonable bond for G.M.. Then after extensive negotiations with the prosecutor secured a dismissal of the charge

State v. L.W., October 2019

L.W. was charged with domestic violence 3rd degree. The charge was dismissed the morning of trial after turning over our pre-trial motion to the prosecutor

State v. L.H., September 2019

L.H. was charged with domestic violence 2nd degree. The charge was dismissed before trial

State v. R.W., January 2017

R.W. was charged with domestic violence in the 1st degree in Myrtle Beach. The charge was dismissed before trial

State v. J.B, March 2016

J.B. was charged with criminal domestice violence in the 2nd degree in Myrtle Beach. The charge was dismissed before trial

Secure Your Defense With Thompson & Hiller

Use the form below to request your free and confidential consultation with one of attorneys