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You can fight weapons charges with these 3 defenses

Facing weapons charges makes you feel the world is against you, especially as a male. Many assume you chose to turn to a weapon and cause harm to others, but you know that's not the case. Charges like these often make the news, making it easy for your reputation to suffer damage and for you to face scrutiny from those around you. Fortunately, you have the right to defend yourself and protect yourself against weapon crime charges.

While your case might look like it's black-and-white, the fact is that there are many reasons you might have used a weapon to defend yourself or in another situation. There are many defenses you can use. Here are just three your attorney may speak with you about.

1. You needed a weapon for self-defense

One of the first things you can use as a defense is the self-defense claim. If you were involved in an altercation that made you fear for your life, using a weapon to defend yourself is understandable. For example, if you were running outside when a person attacked you from behind, you may have been the victim of extreme aggression and force.

In an attempt to free yourself from the attack, you took out a pistol you carried on you and shot at the attacker. The attacker suffered fatal injuries in the attack. Now, you face charges for using a weapon in a public place, but you had a good reason to fire your gun.

2. You needed a weapon to defend someone else

Another thing that might help your case is if you used your weapon to defend your children or someone else in a life-threatening situation. For example, if you're at home and hear someone break in, you may rush your children into a room that you lock. When the person who broke in attempts to enter the locked room, you warn him or her that you have a weapon and will fire. The offender enters, and, fearing for your children, you fire the weapon to disable the attacker.

3. You had no choice but to use the weapon

Other circumstances may make using a weapon necessary, too. For example, if a person holds a gun to a victim and states that he or she will shoot if you don't go into a store and rob the cashier, you are likely to do as instructed for the safety of that person. You never intended to fire at anyone inside -- you had no choice but to go through with the robbery. This is another situation that you can defend, showing that your hands were tied.

Each of these defenses applies to a different circumstance, but your attorney can help you find the one that works for you.

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Robert D. DiDio
& Associates

8002 Kew Gardens Road
Suite 307
Kew Gardens, NY 11415

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