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Possession Of A Prohibited Weapon

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There are specific objects, which can be used as weapons, that are strictly prohibited under the Prohibited Weapons Act. Some of these types of weapons include switchblade knives, brass knuckles, many types of martial arts weapons, some explosive components and even carrying or possessing components of prohibited weapons can be included in the charges. The weapons may be on your person, in a vehicle or within a building or residence which you are in or have access to.

Possession Of A Prohibited Weapon Penalties

In most areas the police and prosecution will try to enhance the possession of a prohibited weapon charge to a felony, so having immediate legal counsel is essential. Felony offenses can result in significant jail time and serious restrictions on weapons ownership in the future.

Possible Penalties

  1. Fines
  2. Probation
  3. Jail time
  4. Court ordered anger management classes or counseling

Possession Of A Prohibited Weapon Sentencing

As with all misdemeanors the sentencing for possession of prohibited weapon at this level is not as devastating as the felony charges. Courts will take into consideration the weapon or alleged weapon component found as well as any past history of the individual with regards to violent crimes or misdemeanors. In most cases an attorney can work with the court to have first offenses result in probation or community service rather than felony charges.

Can A Lawyer Help With Possession Of A Prohibited Weapon Charges?

Without an attorney an individual is likely to face the most extreme penalties possible, regardless of the actual facts of the case and the specific situation. A criminal defense attorney can bargain with the prosecutor to have the sentence reduced or even dismissed under certain circumstances. This is particularly true if this is a first offense and only components, not the full weapon, was seized during the arrest.

Possession Of A Prohibited Weapon: Fines and Jail by State

Penalties Vary Greatly by Case! For accurate penalties, talk to the court clerk or a lawyer!

StateAvg. FinesAvg. JailAvg. ProbationOther
Alabamanot less than $50.00 nor more than $500.00up to six monthsVaries by Casecan also be sentenced to hard labor for up to six months as well as prison time
Alaska$100+6m-9m5 yrsNot Available
Arizona$750 & above2 years & add6 monthscommunity service, drug classes
Arkansas5500eighteen years 18 months240 penalty
Californiaup to $10000up to 5 yearsup to 3 yearsJudge may order that the defendant cannot purchase weapons in the future.
ColoradoVaries by Caseten yearsVaries by Casewould constitute a felony,
Connecticut1500Varies Widely by CaseVaries by Casecommunity supervision for seven years
DelawareNo state restriction on the sale or possession of weapons.Varies Widely by CaseVaries by CaseNot Available
Florida$500-100030-day jail sentence, a $100 fine6 months in prison. ..... Weeks790.145 Crimes
Georgia200007-10 years1 yearcommunity service, drug classes
Hawaii2000one year in jaino probationNot Available
Idahoup to $1,000.00up to 6 monthsVaries by CaseNot Available
IllinoisNot more then 300 dollars weekend program1-3 years Not Available
IndianaVaries by Casetwo yearsVaries by Caseconsidered a misdemeanor
Iowa$500-1000 6mos-2yrs1 yearprohibited from possessing a firearm.community service
Kansasup to $2500.0030 days to 6 monthsVaries by CaseNot Available
Kentuckyup to $2500up to 60 daysup to 12 monthscourt ordered anger management classes or professional counseling may be required
Louisiana3600 even30-60 days6 yrsNot Available
Maine5005 years1 yearNot Available
Marylandfine up to $10000more than two yearsprobation to 6 months in prison.Has been convicted for a crime of violence,Has been convicted of a violation of the Maryland Pistol Law.,
Massachusettsup to $50up to 2 1/2yearsno probationNot Available
Michigan10090 daysVaries by Caseit is a misdemeanor
Minnesotaup to $30,0000-15 yearsVaries by CaseNot Available
MississippiVaries by Case18 yearsVaries by Casepenalty is a serious charge and is generally considered a misdemeanor in common terms
Missouri150 flatVaries Widely by Case2 years maxNot Available
Montana250 flat rate Varies Widely by Case2 years maxNot Available
Nebraska150 flat0 to overnight3 years maxNot Available
Nevada50001 to 4 yearsVaries by CaseFelony offense
New Hampshireup to $2,000.00up to 1 yearsup to 1 yearNot Available
New Jersey250 minVaries Widely by Case3 years Not Available
New Mexico500 flat rate 30 days suspended 2-3 years Not Available
New York55006months-2 years6MONTHSNot Available
North Carolina500000 3 years12 monthscommunity service
North Dakotaup to $2,000.00up to one year Varies by CaseNot Available
Ohio100015 days Prohibited use of firearms. Hunting prohibited; public hunting areas. division of wildlife rules: Beaver Creek Blue Rock Brush Creek Dean Richland Furnace Gifford Hocking Maumee Pike Harrison Mohican Sunfish Creek Scioto Trail Shade River (including West Shade) Shawnee Tar Hollow Fernwood Yellow Creek Zaleski (including Waterloo) PerryUse of target ranges.f he did not pay the $1,000 fine, and another seven days consecutive
Oklahomaup to $250,000.00 Up to ten years imprisonment up to one yearTerroristic threats ,Attempted murder or murder
Oregonup to $7,500up to 18 monthsVaries by CaseNot Available
PennsylvaniaUpto $5000One yearVaries by CaseNot Available
Rhode Island100001-10year1-10yearNot Available
South Carolina$200 to $100030 daysno probationNot Available
South Dakotaup to $4000.00up to 2 years up to 2 yearsNot Available
Tennessee25001 Year8-30 yearsNot Available
Texas100002-10 yearsVaries by CaseNot Available
Utahnot less then 25 dollars unless its a throw missile mex 1 year1 yearNot Available
Vermont$5000-$10,0002months-6years6yearsCommunity service,driving license suspended
Virginianot less than five hundred nor more than one thousand dollarsnot less than six months nor more than two yearsVaries by Casecounseling and community service
WashingtonNot more than $5000Not more than 1 year.Varies by CaseGross Misdemeanor
West Virginia$ 0-10001-10 Years29-38Not Available
Wisconsin$500 to $10,00090 daysVaries by CaseNot Available
Wyoming0-$7500-6 monthsVaries by CaseNot Available

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