For those accused of domestic violence, a plea bargain might seem like the best option available. Many people do not want to take domestic cases to trial due to the social stigma and the risk of receiving the maximum sentence possible.
Negotiating a plea bargain to a lesser offense, possibly a misdemeanor charge, is a common strategy for those hoping to avoid a trial and minimize the criminal penalties on the table during sentencing. While that may seem like the best solution available, it leaves the defendant at risk of a permanent loss of their Second Amendment rights.
Even misdemeanors can affect firearm rights
State-level restrictions on firearm ownership by convicted felons are relatively common. There are also certain standards established at the federal level for specific types of charges. There is a federal rule prohibiting firearm ownership by those convicted of a domestic violence charge.
This rule applies to any offense related to domestic violence, including misdemeanor charges. Defendants who rush to accept plea bargains may not realize that they could endanger their careers or their ability to participate in their preferred sporting activities, such as seasonal hunting. Mounting a robust criminal defense is often a better option than negotiating a plea bargain when those accused of a domestic violence offense currently own firearms or intend to acquire firearms in the future.
A criminal defense lawyer can help people evaluate the case against them and determine the best defense strategy. With proper support, people can work to avoid convictions that could otherwise have permanent consequences for their careers and their civil rights, including their right to legally possess a firearm.