Getting a gun charge dismissed can provide you with countless benefits. A conviction can result in fines, jail time, a permanent criminal record, and the loss of your right to possess firearms. But charges do not mean you’re automatically guilty. In many cases, you may have valid legal grounds to seek dismissal of the charges. Whether you’re facing charges for unlawful possession, carrying without a permit, or using a weapon during a crime, this article explains how to pursue dismissal under Oklahoma law.
Understanding the Charge You’re Facing
Before exploring dismissal options, it’s important to understand the specific firearm offense for which you’re facing charges. Common gun-related charges in Tahlequah include:
- Possession of a firearm after a felony conviction
- Unlawful carry of a firearm in a vehicle or on your person
- Possession of a firearm while intoxicated
- Bringing a gun into a prohibited place (such as a school or courthouse)
- Use of a firearm in the commission of a crime
Each charge has its own legal elements the prosecution must prove. Your defense—and chances of dismissal—depend on how the charge was filed and the facts of your case.
Common Legal Defenses That May Lead to Dismissal
A skilled criminal defense attorney will review your case for procedural errors, unlawful searches, and legal weaknesses. Here are several common defenses that may result in the dismissal of gun charges:
1. Illegal Search and Seizure
If police discovered the firearm during a traffic stop, arrest, home search, or personal search, they must have followed the law. If they lacked a valid warrant or probable cause, your attorney can file a motion to suppress the evidence under the Fourth Amendment. Without the gun as evidence, the prosecution may have to dismiss the charge.
2. You Didn’t “Possess” the Weapon
In Oklahoma, “possession” includes actual possession (on your person) or constructive possession (within your control). If the gun wasn’t yours and you didn’t know it was there—for example, in a borrowed car—you may argue you didn’t knowingly possess the weapon.
3. You Had a Valid Concealed Carry License
If you had a valid Self-Defense Act (SDA) license, the charge may have been in error. Your attorney can provide proof of licensure and request dismissal based on lawful carry.
4. You Were Not in a Prohibited Area
Gun charges often arise when firearms are allegedly brought into restricted places. If the location doesn’t meet the legal definition of a prohibited area under Oklahoma law, your attorney may be able to argue for dismissal.
5. Insufficient Evidence
The prosecution must prove every element of the crime beyond a reasonable doubt. If they lack reliable witnesses, chain-of-custody documentation, or forensic support, the court may dismiss the charge based on insufficient evidence.
Diversion or Deferred Sentencing Options
If dismissal isn’t immediately available, first-time offenders may qualify for:
- Pre-trial diversion programs that result in dismissal upon completion
- Deferred sentences, where the gun charge is dismissed after probation and compliance with court conditions
Your attorney can negotiate with the prosecutor to pursue these options when appropriate.
How a Tahlequah Criminal Defense Lawyer Can Help
Dismissing a gun charge requires a thorough understanding of both constitutional protections and Oklahoma firearm statutes. For a free and confidential consultation with one of the Criminal Defense Lawyers at Tahlequah Lawyers call 539-867-2321. Or follow this link to ask an online legal question.