What is the name of your state? SOuth Carolina
My son was arrested with a gun charge. He wants to plea down to a weapons charge. The SC penalty for a handgun states: A person violating the provisions of Section 16-23-20 is guilty of a misdemeanor and upon conviction must be fined not more than one thousand dollars or imprisoned not more than one year of both. This relates to a handgun. Further down in section 16-23-405 the definition of weapon is given. In this definition they include "weapon means firearm(rifle, shotgun pistol or similar device that proppels a projectile through the energy of an explosive, a knife with a blade over two inches long, a blackjack, a metal pipe or pole or any other type of device or object which may be used to inflict bodily injury or death."
Section 16-23-460 gives the penalty for a weapons charge. "Any person carrying a deadly weapon...concealed about his person is guilty of a misdemeanor......and must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not less than thirty days nor more than ninety days."
I am confused by the distinction between a handgun and a weapon charge since in the definition of weapon it lists as a subclass of weapon "firearm".
My question is: What is the difference, who decided whether the person is charged with a headgun or a weapon and during plea bargaining, can a hangun charge be reduced to a weapons charge which carries a lower fine and penalty.
Thank you for this clarification.What is the name of your state?
My son was arrested with a gun charge. He wants to plea down to a weapons charge. The SC penalty for a handgun states: A person violating the provisions of Section 16-23-20 is guilty of a misdemeanor and upon conviction must be fined not more than one thousand dollars or imprisoned not more than one year of both. This relates to a handgun. Further down in section 16-23-405 the definition of weapon is given. In this definition they include "weapon means firearm(rifle, shotgun pistol or similar device that proppels a projectile through the energy of an explosive, a knife with a blade over two inches long, a blackjack, a metal pipe or pole or any other type of device or object which may be used to inflict bodily injury or death."
Section 16-23-460 gives the penalty for a weapons charge. "Any person carrying a deadly weapon...concealed about his person is guilty of a misdemeanor......and must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not less than thirty days nor more than ninety days."
I am confused by the distinction between a handgun and a weapon charge since in the definition of weapon it lists as a subclass of weapon "firearm".
My question is: What is the difference, who decided whether the person is charged with a headgun or a weapon and during plea bargaining, can a hangun charge be reduced to a weapons charge which carries a lower fine and penalty.
Thank you for this clarification.What is the name of your state?