The specifics of a crime, especially the use of a weapon, greatly affect potential penalties in Atlanta. At Ghanayem & Rayasam, our criminal defense attorneys regularly advise clients on how the presence of a weapon can impact their legal situation.
What is a Sentence Enhancement?
In Georgia, the prosecution often seeks what is called a "sentence enhancement" when a weapon is used during a crime. A sentence enhancement is an additional penalty added to the standard punishment for the original crime because of specific aggravating factors, such as the use of a weapon. This means that even if the underlying crime, such as a theft or an assault, carries its own set of penalties, the use of a weapon adds an entirely separate layer of mandatory charges.
Possession of a Firearm During a Felony
Under G.A. Code § 16-11-106, it is considered a distinct crime to have a firearm or a knife (with a blade of three or more inches) on your person or within arm’s reach during the commission of certain felonies. This applies to crimes against persons, unlawful entry, and even certain drug-related offenses.
What makes this statute particularly impactful is that it is often charged as a separate count. If convicted, the sentence for the weapon charge must run consecutively to the sentence for the underlying felony. This means you cannot serve both sentences at the same time; the five-year mandatory minimum for the weapon charge only begins after the primary sentence is completed.
Mandatory Minimums and Consecutive Sentencing
The Georgia criminal justice system is designed to discourage the use of weapons through strict mandatory minimums. For a first-time conviction under the firearm possession statute, the law requires a five-year prison sentence.
If it is a second or subsequent conviction, the mandatory sentence jumps to ten years. Because these sentences are consecutive, they significantly extend the time an individual may spend in custody.
The Definition of a "Dangerous Weapon"
It is a common misconception that only guns trigger these enhancements. While firearms are the most common focus, Georgia law also considers other items as dangerous weapons. A “dangerous weapon” is any object, device, or instrument which, when used offensively, is likely to cause serious bodily injury or death. The definition of what constitutes a "deadly weapon" can be broad, potentially including household objects or vehicles depending on the context of the alleged crime.
Defense Strategies Against Weapon Charges
Defending against a weapon enhancement requires a meticulous review of the evidence. Our attorneys examine whether the weapon was actually "within arm’s reach" or whether the defendant even knew it was there.
If the search that uncovered the weapon violated the Fourth Amendment, we might move to have that evidence suppressed. In Atlanta cases, the proximity of the weapon to the alleged crime is a frequent point of contention.
Protect Your Future with Our Atlanta Criminal Defense Team
Facing charges involving a weapon can feel overwhelming, but you do not have to face Atlanta’s court system alone. The consequences of a conviction can last a lifetime, affecting your rights and freedom. Seek guidance from our dedicated legal team at Ghanayem & Rayasam by calling 404-561-0202 or reaching out online to discuss your case.