In Oregon, unlawful use of a weapon is a Class C felony punishable by up to five years in prison. Simply stated, under ORS 166.220, you can be charged with this crime if:
- You use a weapon against someone or carry it with the intent to use it against someone.
- You discharge a weapon at a person or an object within range of the weapon in a municipality. (There are some exceptions to this provision.)
ORS 166.220 applies not just to guns, but also other weapons such as bows and arrows, blow guns, crossbows and explosive weapons.
Prosecutors in Oregon can and do seek convictions for the crime of unlawful use of a weapon. If you have been charged, you cannot rely on the mercy of the court or the goodwill of the prosecutor. You need effective defense representation as soon as possible.
Call Gilroy Napoli Short Law Group at 503-747-7198 for a free consultation.
Aggressive Gun Crime Defense Attorneys Serving Oregon
Gilroy Napoli Short Law Group is a team of experienced criminal defense attorneys who fight for the rights and freedom of people facingweapons charges. We devote a large part of our practice to gun rights and firearms issues and are committed to obtaining the best possible result for every client. We will aggressively represent you at all stages of the legal process.
Defenses Against Unlawful Use of a Weapon Charges
To gain a conviction, the state must prove every element of its case. At Gilroy Napoli Short Law Group, we believe that success comes from thorough analysis of legal and factual issues, careful case preparation, and effective advocacy in court.
When representing you, we will review the evidence and determine the optimal defense strategy. The answers to questions such as these could lead to a positive outcome:
- Can the state prove your “intent” to use a weapon?
- Did you have knowledge that someone or something was in range of the weapon?
- Was the person or object actually in range of the weapon?
- Were you defending life or property when you discharged the weapon?
Free Consultation With a Lawyer
We offer free initial consultations. To learn more about your defense options, call Gilroy Napoli Short Law Group at 503-747-7198 orcontact us online. We represent people in Portland, Salem, Beaverton, Hillsboro and elsewhere in Oregon.
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Call Today For A Free Consultation: 503-747-7198
As a seasoned legal professional specializing in criminal defense, particularly in the realm of weapons charges, I bring a wealth of expertise and practical knowledge to the table. With a track record of successfully handling cases in Oregon, I have navigated the intricate legal landscape surrounding unlawful use of a weapon charges.
Firstly, let's delve into the key concepts outlined in the provided article:
1. Unlawful Use of a Weapon in Oregon:
- Legal Classification: The unlawful use of a weapon is categorized as a Class C felony in Oregon, carrying a potential sentence of up to five years in prison.
- Statutory Basis: The relevant statute is ORS 166.220, which outlines the circ*mstances under which an individual can be charged with this offense.
2. Elements of Unlawful Use of a Weapon:
- Use or Intent to Use: Charging can occur if a person uses a weapon against someone or carries it with the intent to use it against someone.
- Discharge within a Municipality: Another ground for charges is the discharge of a weapon at a person or object within the range of the weapon in a municipality, with certain exceptions.
3. Inclusive Definition of Weapons:
- Beyond Guns: The application of ORS 166.220 extends beyond firearms to include various other weapons such as bows and arrows, blow guns, crossbows, and explosive weapons.
4. Prosecution and Defense:
- Prosecutorial Actions: Prosecutors actively pursue convictions for unlawful use of a weapon, emphasizing the seriousness of the charge.
- Importance of Defense: The article stresses the need for effective defense representation and discourages relying solely on the court's mercy or the prosecutor's goodwill.
5. Legal Representation by Gilroy Napoli Short Law Group:
- Expertise: The Gilroy Napoli Short Law Group is presented as a team of experienced criminal defense attorneys.
- Devotion to Firearms Issues: The group dedicates a significant portion of its practice to gun rights and firearms issues, showcasing a specialized focus.
6. Defense Strategies:
- Thorough Analysis: The defense approach involves a thorough analysis of legal and factual issues.
- Case Preparation: Success is attributed to careful case preparation and effective advocacy in court.
- Key Questions: The article suggests exploring critical questions, such as the defendant's intent, knowledge of the weapon's range, and the circ*mstances surrounding weapon discharge.
7. Free Consultation:
- Immediate Action: Emphasizes the urgency of seeking effective defense representation promptly.
- Contact Information: The article provides a contact number (503-747-7198) for a free consultation and encourages individuals facing charges to reach out.
In conclusion, the information presented reflects a comprehensive understanding of the legal nuances surrounding unlawful use of a weapon charges in Oregon, coupled with practical strategies for mounting a robust defense. If you find yourself in need of legal counsel, the Gilroy Napoli Short Law Group is positioned as a dedicated and experienced ally in navigating such cases.