How Do I Beat a Gun Charge in Calgary?
The Criminal Code of Canada establishes many criminal offences for unlawfully possessing and using firearms in Calgary. Moreover, when it comes to convictions and sentencing, Calgary courts typically treat these offences very seriously. If you are facing a gun charge in Calgary, you need an experienced lawyer on your side who will effectively defend you in court and fight for your legal rights.
At Bourdon Defence, our experienced legal team can represent you in court and will protect your legal rights while your criminal case is pending.
What Constitutes a Firearm?
The Criminal Code of Canada defines a firearm as a weapon with a barrel that is capable of discharging a projectile, such as a bullet, with enough force to cause a person serious injury or death. If a person is ultimately found guilty or convicted of a Calgary gun charge, he or she will likely be banned from possessing a firearm—sometimes for the remainder of his or her life.
The Crown can prosecute several types of gun charges in Calgary. To show you are guilty of any of these charges and/or to convict you, the Crown has the burden of proof. Common Calgary gun charges include the following:
- Reckless discharge of a firearm
- Carelessly using, storing, or transporting a firearm
- Pointing a firearm at another person (regardless of whether or not the offender actually intends to discharge the firearm)
- Unauthorized firearm possession (i.e., possessing a firearm without having the necessary permit or licence)
- Possessing a restricted or prohibited firearm with ammunition
A guilty finding or conviction for any of these offences can result in substantial jail time, probation, fines, and other serious criminal penalties. The court will also likely ban the offender from possessing a firearm in the future.
Defences to Calgary Gun Charges
In order to beat a Calgary gun charge, you will need to raise a powerful legal defence. If the court believes your defence, you may be able to obtain a complete dismissal of your criminal case, and the court may drop your case. When it comes to gun charges, you may be able to allege that the police officer did not follow the proper protocols during your arrest. You may also be able to demonstrate that police officers violated your Charter rights during the arrest process. For example, the police officer may have engaged in an unlawful search or seizure when the officer entered your vehicle, home, or other personal space.
Speak With a Calgary Criminal Defence Lawyer Today
If you believe that a violation of your rights occurred during your arrest for a gun offence, the experienced lawyers at Bourdon Defence may be able to help. Our skilled legal team will be able to undertake the proper investigation and raise the necessary legal defences on your behalf. To schedule a free consultation and case evaluation with a Calgary criminal defence lawyer, please call us today at (403) 474-4143 or contact us online.