This is the next post in our series on how those accused of a crime in Arkansas may maintain their firearm rights. Our last post discussed how defendants can maintain the right to own a gun through a plea agreement. It is important to understand the possibility of reaching such a resolution as a way of keeping your right to bear arms. In this article we will discuss how one convicted of a “lesser included offense” may be able to maintain their right to have a gun.
We have previously discussed the impact of lesser included offenses in criminal cases. These are situations in which one is accused of a crime but receives a conviction of a lesser crime at trial. An example of this would be one who is charged with felony assault but, due to facts presented at trial, the jury decides to convict the defendant of misdemeanor assault. Under such a circumstance the defendant would not lose their firearm rights as they would have been convicted of neither a felony or domestic violence. If you are preparing to take your case to trial then it is important to your firearm rights that your criminal defense lawyer gain an instruction, allowing for convictions of a lesser included offense, from the Judge to the Jury.
Gaining the instruction for a lesser included offense can be crucial. If the jury is not fully instructed on this issue then the defendant is unlikely to receive such a conviction. In such situations the Jury may convict the defendant of the greater offense out of not wanting to see the accused go free. A jury instruction is given as a result of one’s attorney requesting it before the Jury is sent to deliberate. The Judge does not have to grant the request for an instruction and the prosecutor has the ability to oppose the request. For these reasons it is important that you retain counsel familiar with this aspect of criminal law.
Our Little Rock lawyers have over twenty-five years of combined experience in assisting the accused throughout Arkansas. If you have been charged with a crime, and you are concerned about your ability to possess a gun, then it is important that you gain representation immediately. Our attorneys are ready to assist you. We also handle matters in Fort Smith, Fayetteville, Springdale, Jonesboro, North Little Rock, Conway, Rogers, Pine Bluff, and throughout the rest of Arkansas.