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Weapons Charges Smart Strategy. Fearless Defense.

Cleveland Weapon Charges Lawyer

Charged with a Gun or Weapons Offense in Ohio?

Weapons charges put serious penalties and prison time on the table. If you or someone you love has been charged with a state or federal weapons offense, the time to talk with a defense attorney is now. 

At Patituce & Associates, we defend clients statewide in serious criminal cases. 

Our Cleveland weapon crime defense attorneys have decades of combined experience and:

  • Have handled more than 20,000 criminal cases
  • Have taken 400+ cases to trial, with a 95% success rate
  • Are led by a Board Certified Criminal Trial Attorney, one of only 8 in Ohio
  • Are former prosecutors who know weapons cases
  • Are backed by hundreds of 5-star client reviews

Proven Results in Weapon-Related Cases

Triple Murder

Not Guilty

Our client was identified as an alleged shooter at a party where three people died. We demonstrated the evidence was insufficient to prove our client's involvement.

DUI with a Weapon

Dismissed

The arresting trooper secretly took the matter to a Grand Jury without disclosing that he had already lost at the city level. We were able to get the case dismissed.

Felonious Assault

Acquittal

Our client faced two to eight years in prison on felonious assault charges. We took the case to trial, and the jury acquitted him with an explicit finding of self-defense.

See more case results

Call us today at (440) 771-1175 for a free consultation. We’re available 24/7.

How Weapons Charges Work in Ohio

Weapon crimes come in a variety of forms at the state and federal levels. On a state level, a firearm specification can be attached to virtually any type of crime. A weapon can add 1, 3, 5, 6, or 7 years onto what would normally be an offense requiring probation. The weapon itself may carry its own special charge and count.

As former prosecutors, we can tell you how seriously and aggressively the government takes weapon crimes and the charges that come with them. Our clients face weapons charges in both state and federal court.

Often, weapons charges come with other types of crimes:

There are really just two different types:

  • Crimes for having weapons (e.g., assault rifles)
  • Crimes for using a weapon during the commission of a crime

In state offenses, the use of a weapon can add years, and even decades, of prison time to a criminal charge.

For instance, if you are accused of trafficking cocaine but you have a firearm on you, the police can try to add on three additional years that are not probationable to your case. If you’re accused of firing at someone from a vehicle, you could be looking at an additional eight years. There are many other scenarios, but the time adds up quickly.

Firearm Specifications and Enhancements

A firearm specification is not a standalone charge. It is an enhancement attached to another offense that adds mandatory, non-probationable prison time on top of the base sentence. Specifications cannot be suspended or served concurrently in most circumstances. They run before and consecutive to whatever sentence the underlying offense carries.

Ohio's firearm specifications apply the following mandatory add-on terms:

  • 1 year — Offender had a firearm on or about their person or under their control during the offense
  • 3 years — Offender displayed, brandished, indicated possession of, or used a firearm to facilitate the offense
  • 5 years — Firearm was automatic, sawed-off, or equipped with a silencer
  • 6 years — Offender discharged a firearm from a motor vehicle
  • 7 years — Offender discharged a firearm and caused serious physical harm or death

The practical impact is significant. Challenging a specification requires attacking the factual basis for the enhancement itself, including whether the defendant actually had a firearm, whether it was used to facilitate the offense, whether it was discharged, and whether the State's evidence on each point survives scrutiny.

Penalties and Collateral Consequences

Weapons charges can range from misdemeanors to high-level felonies, depending on the statute and facts. Even misdemeanor convictions can create long-term consequences: firearm restrictions, forfeiture exposure, probation terms, employment and licensing problems, and immigration consequences in some cases.

At Patituce & Associates, We Refuse to Lose

If you’re being investigated or charged with a state or federal weapons offense, get defense counsel involved early. Our attorneys at Patituce & Associates represent clients statewide and are available 24/7.

Contact our weapon crime defense lawyers in Cleveland at (440) 771-1175 for a free consultation.

We Refuse to Lose Your Case Deserves a Customized Defense Strategy

We understand that your specific situation requires individualized attention, and we are dedicated to providing just that.

No Case is Hopeless

We Don't Back Down. Ever.

Explore some of our recent wins.

  • Case Dismissed CLEVELAND V. AL-NAZER (2012 TRC 040781)

    Our client was accused of driving while under the influence of drugs, or alcohol.

  • Not Guilty At Trial ROCKY RIVER V. D.F.

    Client was charged with domestic violence against his wife.

  • Plea and Record Expunged STATE V. BAILEY, CUYAHOGA

    Client was accused of stealing tens of thousands of dollars worth of property.

  • Charges Dismissed State v. Beckwith, Cuyahoga County

    Student charged with the manufacturing of ecstasy.

  • Case Dismissed STATE V. J.S. (A JUVENILE) YOUNGSTOWN

    Local counsel pushed for a plea to one of the sex related charges.

  • Acquittal State v. Tevin Biles

    Client was identified as one of the alleged shooters at a New Year’s Eve party.

Defending State & Federal Weapon Crimes

Ohio Weapon Offenses

Offense
Statute
O.R.C. 2923.13
Generally alleges a person under a qualifying "disability" knowingly acquired, had, carried, or used a firearm or dangerous ordnance. Classified as a third-degree felony.
Carrying Concealed Weapons
O.R.C. 2923.12
Cases often turn on whether the weapon was "concealed," where it was located, and whether exceptions apply. Penalty level varies by subsection and facts.
O.R.C. 2923.16
Vehicle firearm cases often begin with a traffic stop and expand into search, seizure, and possession disputes. Includes multiple offense levels ranging from misdemeanor to felony depending on the conduct.
Using Weapons While Intoxicated
O.R.C. 2923.15
Prohibits carrying or using a firearm or dangerous ordnance while under the influence of alcohol or drugs. Classified as a first-degree misdemeanor.
Weapons in School Safety Zones
O.R.C. 2923.122
Prohibits knowingly conveying or possessing a deadly weapon or dangerous ordnance in a school safety zone, with additional provisions for objects indistinguishable from a firearm.
Firearm Discharge Offenses
O.R.C. 2923.161 / 2923.162
Covers discharge on or near prohibited premises (O.R.C. 2923.162) and improperly discharging at or into a habitation or school safety zone (O.R.C. 2923.161), which can carry serious felony exposure.
O.R.C. 2923.17
Covers dangerous ordnance possession and explosives-related allegations, including illegally manufacturing or processing explosives.

Federal Weapon Offenses

Some firearm cases are prosecuted in federal court, and the federal system is a different fight that involves different charging practices, different release conditions, and different sentencing dynamics.

Offense
Statute
Possession by a Prohibited Person
18 U.S.C. § 922(g)
Prohibits firearm possession by certain categories of people, including those with felony convictions and other disqualifying statuses.
Firearm with Altered or Obliterated Serial Number
18 U.S.C. § 922(k)
Prohibits possessing or receiving a firearm with a removed, obliterated, or altered serial number, with an interstate commerce nexus required.
Machinegun Restrictions
18 U.S.C. § 922(o)
Generally prohibits possessing or transferring a machinegun, subject to narrow exceptions.
School Zone Restrictions
18 U.S.C. § 922(q)
Restricts firearm possession in school zones in defined circumstances, with specific penalty rules under § 924.
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