gun law

Recently, a car crash turned into a violent incident involving at least ten gunshots. A man crashed into a vehicle with two women and a 5-year-old child. Both drivers got out of their vehicles and began arguing. A bystander tried to intervene, but the driver who caused the crash retrieved his firearm and shot the bystander multiple times. The female passenger in the vehicle who was hit retrieved her own firearm and shot at the driver who caused the wreck. The driver who caused the wreck was charged with attempted murder, aggravated assault, and related offenses. 

When children victims are involved, prosecutors take gun crimes even more seriously. Are you facing gun crime charges in Pennsylvania? Was a minor child injured as a result of the alleged crime? Violating Pennsylvania’s firearm laws can carry stiff penalties, and the prosecution may seek the maximum punishment if a child was injured. 

A reliable criminal defense lawyer is essential to protecting your rights if you have been charged with a violent gun crime. Keep reading to find out what happens if a child is a victim of a violent gun crime, and contact The Zeiger Firm for a confidential consultation.

Know Your Rights

Various rights and restrictions apply to gun owners in Pennsylvania. According to the Pennsylvania Firearm Owners’ Association:

  • You do not have to observe a waiting period to purchase a gun.
  • You do not need a license or permit to buy a gun.
  • You do not need to attend firearm safety training courses before or after you buy a gun.
  • You must be 18 years old to buy a long gun, such as a rifle, shotgun, or semi-automatic rifle. 
  • You must be at least 21 years old to buy a handgun.
  • There is no limit to the number of guns you may purchase at once.
  • Pennsylvania is an open-carry state, meaning you can carry a gun openly without a license. However, you must obtain a License to Carry if you wish to conceal your gun or transport it in a motor vehicle.

What Laws Affect This Type of Case?

Depending on the circumstances, any of the following sections of Pennsylvania Statutes, Title 18, could apply to a violent gun crime case in which a child is a victim:

  • § 2701 (Simple assault) – Criminalizes negligently causing bodily injury to another person with a deadly weapon, such as a firearm
  • § 2702 (Aggravated assault) – Prohibits intentionally causing or attempting to cause bodily injury to another person with a deadly weapon
  • § 2705 (Reckless endangerment) – Prohibits recklessly endangering another person by placing them at risk for death or serious bodily injury
  • § 2707.1 (Shooting occupied structures) – Prohibits intentionally, knowingly, or recklessly discharging a firearm from any location into an occupied building

What Are the Possible Punishments?

If prosecutors convict you of a violent gun crime involving a minor in Pennsylvania, you could face several severe penalties, such as:

  • Substantial monetary fines
  • Incarceration in jail or prison
  • Loss of constitutional rights
  • Loss of gun ownership privileges
  • A permanent criminal record

What Are Possible Defense Strategies?

One of the main reasons to hire a knowledgeable lawyer if you face gun crime charges is to ensure you understand the possible defense strategies you can use against these charges. Your lawyer can determine whether any of the following defense strategies might apply to your case:

  • You only discharged the gun because you were acting in self-defense or attempting to defend someone else.
  • You had a mental disorder or another impairment at the time.
  • You were not present when the crime occurred (i.e., you have an alibi).
  • Law enforcement failed to correctly handle your arrest, interrogation, property search, or some other aspect of your case.

How Good Legal Representation Can Make a Difference

If you face gun crime charges in Pennsylvania, it is crucial to have a knowledgeable criminal defense lawyer in your corner. Contact The Zeiger Firm now to discuss the details of your case in a confidential consultation session with an experienced Philadelphia criminal defense attorney. 

With over 25 years of experience, Brian J. Zeiger draws on his knowledge and insight in criminal defense and civil rights to help those confronting an unjust criminal justice system. Mr. Zeiger has represented clients facing serious charges in state and federal courts. He has also represented clients in civil rights claims against police departments and the government in cases involving police misconduct, police brutality, false arrest, malicious prosecution, prison misconduct, prison denial of medical care, and prison medical malpractice. Expertise.com recognized Mr. Zeiger as one of the Best DUI Lawyers in Philadelphia in 2022. He is a highly sought-after criminal defense attorney who has been asked to provide training to fellow lawyers on topics such as trial advocacy, post-conviction relief, and driving-under-the-influence laws. He also served as a Hearing Officer for The Disciplinary Board of the Supreme Court of Pennsylvania.

With over 25 years of experience, Brian J. Zeiger puts his knowledge and insight in criminal defense and to help those confronting an unjust criminal judicial system.

Education: B.S.B.A. Accounting & Finance from Washington University of St. Louis, M.B.A. from Temple University, and J.D. from Temple University School of Law

Awards: Super Lawyer in the areas of Criminal Defense, White Collar, and Civil Rights, America’s Top 100 Criminal Defense Attorneys Recipient Award, National Trial Lawyers Top 100 Trial Lawyers and Top 40 Under 40, Client Satisfaction Award and 10 Best Attorneys by the American Institute of Criminal Defense Attorneys, Attorney and Practice Magazine’s Top 10 Criminal Defense Attorney – Philadelphia, and National Association of Distinguished Counsel – Nation’s Top 1% – Criminal Defense

Admissions: Supreme Court of New Jersey, United States District Court for the District of New Jersey, Supreme Court of Pennsylvania, United States District Court for the Eastern District of Pennsylvania, United States District Court for the Western District of Pennsylvania, United States District Court for the Middle District of Pennsylvania, United States District Court for the Northern District of Ohio, United States District Court for the Western District of New York United States Court of Appeals for the Third Circuit, Supreme Court of the United States