Possession of a deadly weapon by a prohibited person is a serious offense in Nebraska, carrying significant penalties if convicted. The following is an overview of what constitutes this offense, including who is considered a prohibited person and the types of weapons involved. By reading further, individuals can also learn about the potential consequences, defenses, and the role of a criminal defense lawyer in these cases.
Omaha Possession of a Deadly Weapon by a Felon Defense Lawyer
While the charges, definition, and prosecution of a Possession of a Deadly Weapon by a felon vary drastically by state, our criminal defense attorneys at Liberty Law Group are ready to defend you.
If you or a loved one has been charged, placed under investigation or arrested for Possession of a Firearm by a Felon in Nebraska, call our firm immediately at (402) 865-0501.
Possession of a Deadly Weapon in Nebraska
- How Possession of a Deadly Weapon is Defined in Nebraska
- How Possession of a Deadly Weapon is Prosecuted in Nebraska
- How Lawyers Can Defend Against Possession of a Deadly Weapon Charges
- How Criminal Defense Attorneys Can Help Someone Charged With Possession of a Deadly Weapon
- Additional Resources
What is Possession of a Deadly Weapon by a Prohibited Person in Nebraska?
Under Nebraska Revised Statute 28-1206, possession of a deadly weapon by a prohibited person occurs when an individual who falls under specific prohibited categories possesses certain types of weapons. These categories include individuals with a prior felony conviction, those who are fugitives from justice, individuals currently under certain types of protection orders like domestic violence, harassment, or sexual assault protection orders, and those on probation following a deferred felony judgment.
The law specifically identifies deadly weapons as firearms, knives, or brass or iron knuckles. Additionally, those convicted of a misdemeanor crime of domestic violence within the past seven years are prohibited from possessing firearms or brass or iron knuckles. Nebraska law clarifies that convictions from any court in the country are applicable.
What are the Penalties for Felon in Possession Charges in Nebraska?
Possession of a non-firearm deadly weapon is classified as a Class III felony. According to Nebraska Revised Statute 28-105, the penalty for a Class III felony includes imprisonment for up to 4 years, followed by 9-24 months of post-release supervision, and/or a fine of up to $25,000.
Possession of a deadly firearm by a prohibited person is classified differently based on the offender’s history. For a first offense, it is classified as a Class ID felony. The penalty includes imprisonment for 3-50 years. For a second or subsequent offense, it is classified as a Class IB felony. The penalty for this classification ranges from 20 years to life in prison.
Also, according to Nebraska Revised Statute 28-1202, it is illegal for an individual who is either under the age of eighteen or otherwise disallowed from carrying weapons to carry a weapon on them. The law classifies this offense as a Class I misdemeanor punishable by up to 1 year in jail and/or up to a $1,000 fine. The offense is classified as a Class IV felony for any second or subsequent offense. A Class IV felony is punishable by 0-2 years in prison followed by up to a year of post-release supervision and/or a fine of up to $10,000.
Probation may be an alternative to imprisonment in some cases, allowing individuals to remain in the community under specific conditions. However, it’s not available for habitual criminals or those convicted of a felony with a mandatory minimum sentence. Failure to comply with probation conditions can lead to revocation of probation and imposition of a new sentence, including imprisonment.
Additionally, various post-plea and pre-plea programs in Nebraska offer structured alternatives to traditional prosecution, potentially leading to charge dismissal or reduction for eligible individuals. Certain firearm charges are eligible for the Veterans Diversion Program, Mental Health Diversion Program, and Veterans Treatment Court.
What are Some Potential Defenses to Possession of a Deadly Weapon by a Prohibited Person in Nebraska?
In cases involving the charge of possession of a deadly weapon by a prohibited person in Nebraska, there are specific defenses that can be considered. One defense is demonstrating the absence of actual possession of the weapon. If an individual did not actually have the weapon in their possession or control, this can be a valid defense. Another defense could be proving that the individual was unaware of the weapon. If it can be shown that the individual had no knowledge of the weapon’s presence, this can negate the accusation of possession.
Additionally, the law provides certain exceptions. For instance, if the possession was related to lawful activities involving archery equipment or if the individual possessed a knife strictly for butchering or processing game and had a valid recreational license, these scenarios are not considered violations.
Also, challenging the validity of the evidence or how it was obtained by law enforcement can be a defense. If the gun or other weapon was obtained in violation of the individual’s legal rights, such as through an unlawful search, it may be inadmissible in court.
How Can a Criminal Defense Lawyer Help Someone Facing Charges
A criminal defense lawyer in Nebraska can assist someone facing gun-related charges, including possession of a deadly weapon by a prohibited person. They can examine the details of the case, identify any procedural errors or violations of rights, and challenge the evidence presented by the prosecution. The lawyer can also negotiate with the prosecution for a reduced charge or penalty. They guide the client through the entire legal process, ensuring they understand their rights and the implications of the charges. With their knowledge of the law and the court system, a criminal defense lawyer works to achieve the best possible outcome for their client.
Additional Resources
What Does State Law Say? – Visit the official website of the Nebraska Legislature to learn more about how state law restricts the gun ownership rights of prohibited persons. Access the site to learn about which weapons are prohibited when someone’s ownership and/or possession rights are restricted. Find more information on additional firearms laws on this site as well.
Background Check Requirements – Visit the official website of the Nebraska State Patrol to learn more about background checks that must be carried out to limit weapons access to those who cannot lawfully possess them. Access the site to learn about the National Instant Criminal Background Check System (NICS).
Find a Lawyer for Possession of a Firearm by a Felon Nebraska | Liberty Law Group
Our firm proudly serves Omaha in Douglas County, including Lincoln in Lancaster County, Papillion in Sarpy County, Fremont in Dodge County and Council Bluffs in Pottawattamie County, Iowa and the surrounding areas. If you or a loved one has been charged or is under investigation for Possession of a Deadly Weapon by a Felon, don’t wait, call our firm immediately at (402) 865-0501 to request a free consultation to discuss the facts of your case.
