Facing allegations of firearm trafficking can be overwhelming, particularly because of the severe consequences involved. From 2017 to 2021, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) reported nearly 230,000 firearms involved in 7,779 trafficking cases. With thousands of federal prosecutions occurring nationwide, it’s important to remember that you’re not alone in facing these charges and that a strong defense strategy can make all the difference.
Eric Johnson of John D. & Eric G. Johnson Law Firm has an extensive background in federal criminal law. He has successfully argued numerous gun-related cases at the federal level. If you face federal firearm charges in Louisiana, we can provide insight into potential steps to protect your rights and pursue a strong defense.
5 Defenses in Federal Gun Trafficking Cases
In federal gun trafficking cases, the prosecution must prove that the defendant used or possessed a firearm in connection with the trafficking crime. For a conviction, they must demonstrate beyond a reasonable doubt that the gun was used or intended to further the alleged criminal activity.
However, when firearm involvement is undeniable, a strong defense will focus on questioning the context and evidence around the accused firearm trafficking activities. An attorney skilled in federal firearms cases will meticulously examine every detail to identify weaknesses or inconsistencies in the prosecution’s claims. Some common defense strategies your lawyer may use include:
Lack of Possession
One effective defense is to argue that the defendant did not possess the firearm at the time of the alleged offense. If there’s no clear evidence linking the defendant to the firearm, it can be difficult for the prosecution to make their case. A defense attorney will focus on evidence, like witness testimony or surveillance footage, to demonstrate that they didn’t possess the weapon.
Insufficient Evidence
Federal firearm trafficking cases rely on solid proof, but evidence can sometimes be incomplete or unreliable. By challenging weak or questionable evidence, your defense lawyer may argue that the prosecution lacks a solid case. That may involve questioning witness credibility or highlighting gaps in documentation, which can weaken the prosecution’s stance.
Lack of Intent
Federal law often requires proof that the defendant intended to participate in trafficking. A defense team may argue that the defendant had no knowledge or intent to distribute firearms illegally. Evidence that your lawyer may review to argue this defense strategy includes telephone records, social media messages, credit card transaction details, and anything that may demonstrate the absence of intent to commit a trafficking offense.
Illegal Search and Seizure
In some cases, law enforcement may violate a defendant’s Constitutional rights while collecting evidence, such as conducting an illegal search or seizure. Your attorney may file a motion to suppress evidence obtained through improper procedures. If successful, this defense could lead to excluding critical evidence and reducing or dismissing charges.
Entrapment
Entrapment may serve as a legitimate defense if a government agent or informant encouraged the defendant to commit a crime they would not have committed on their own. This strategy argues that the defendant was unduly influenced to participate in firearm trafficking due to excessive encouragement or pressure from law enforcement.
Arrested on Federal Firearm Charges in Louisiana? Get Support from a Criminal Defense Lawyer
John D. & Eric G. Johnson Law Firm is ready to assist you if you’re facing a firearm-related charge in Louisiana. Led by seasoned attorney Eric G. Johnson, we focus on Louisiana criminal defense cases, including those involving firearm charges. Our goal is to provide the dedicated representation and legal guidance you deserve during this stressful time.
Discuss your case with a knowledgeable lawyer the first chance to give you the best chance of fighting these allegations successfully. Contact us today at (318) 377-1555 or complete a contact form to schedule a free consultation.