Five Year Prison Term for Gun & Drug Offenses in Pennsylvania: What Does the Law Entail?
Individuals in Pennsylvania can have an unlicensed gun if the weapon is at their residence or place of business. However, the law restricts individuals from leaving it in the vehicle.
However, different cities in the state have local laws on gun ownership and weapon use. For example, under Philadelphia law, everyone who is in possession of a firearm, whether in plain sight or concealed, must have a permit. The city’s laws are even more strict for individuals who engage in crimes that involve the use of firearms, such as drug trafficking.
One of the most likely consequences for conviction of a drug crime and gun offense is jail time. However, the severity of the punishment will depend on the type and quantity of drugs, the crime committed, criminal history, and the location of the incident.
Gun and Drug Possession Law
This law controls crimes such as the possession of firearms while engaging in drug trafficking activities. This legislation encompasses the following: possession with intent to distribute, distribution, or delivery of marijuana, manufacture or production of controlled substances, unlawful use of weapons (possession on school property), and carrying firearms in public without a license.
Getting arrested for these crimes will need the services of a Philadelphia drug crimes lawyer for a successful defense, failure to which you may face up to 20 years in prison.
What Happens when you are caught with a Firearm when Engaging in Drug Trafficking?
Engaging in crimes such as the possession with intent to distribute or deliver marijuana, manufacture or produce controlled substances while possessing a firearm results in a minimum sentence of five years.
However, the law enforcement officer who finds the firearm has the discretion to charge you with a separate offense of possession of an unlicensed firearm.
When you are caught in the above acts, but without a firearm, the following sentencing guidelines apply:
- First offense – Minimum of three-year incarceration period.
- Second or subsequent offenses – Mandatory five-year prison term.
Persons Who Can Face the Five Year Jail Term
Unfortunately, this law is comprehensive. Consequently, there is a broad category of people prosecutable under this law. These persons include:
- The particular persons who commit the particular drug crime while possessing a firearm.
- The legislation further stipulates that the penalty is still enforceable on an offender’s accomplice who has the firearm during an arrest.
- Merely being in the presence of a person with a firearm might result in you serving a minimum sentence of five years on a felony charge. This applies even if you did not possess the gun at any point.
These discussions indicate the severity of these offenses. However, a drug lawyer in Philadelphia with years of experience can come in handy in getting you out of trouble. For instance, the Aggressive Defense Attorneys might be who you need. We have the necessary know-how with a fierce team to defend you effectively and salvage your reputation.