Having an unlicensed gun is a crime that attracts minimum incarceration sentences, but people don't always get those minimum sentences. Even if you haven't used your illegal gun, other factors may aggravate your illegal gun possession charge. Expect harsher charges and sentences under these four conditions:

You Are a Convicted Felon

If you have a felony conviction in your criminal past, then your gun possession will be treated more seriously since felons are usually precluded from owning guns. A felony is a serious criminal offense that attracts a minimum sentence of one year in prison. This is one of the government's ways of keeping guns away from those who it thinks can use the guns to commit further crimes.

You Are a Drug Addict

Apart from convicted felons, drug addicts may also have a hard time defending their gun charges. The rationale is that since drugs impair people's judgment, an addict with a gun is a dangerous person since they can use the weapons in situations that don't warrant their use. Therefore, if you are arrested with drug paraphernalia in addition to an unlicensed gun, you will be facing aggravate gun charges.

There Is a Protective Order Against You

A protective order is a court order that bars you from harassing or even being in the vicinity of another person for some time. For example, if your spouse has accused you of domestic violence, a protective order may be issued against you to prevent potential harassment. You will also be barred from possessing a gun during this time since it's assumed that you may, in the heat of anger, use it against the victim. Therefore, if you are found with a gun, you will be facing a harsher sentence compared to another person who doesn't have a protective order against them.

You Are On Probation

Lastly, you will also be facing aggravated charges if you are on probation whose terms include staying away from guns. Probation is a suspension of a criminal sentence that allows an offender to avoid incarceration. It often comes with terms and conditions such as staying drug-free, avoiding weapons, and making scheduled court appearances.

You can't afford to be lax with your defense if you have been charged with possessing a gun and there is an aggravating circumstance. Your best course of action is to consult a criminal defense attorney, such as those at Abom & Kutulakis LLP, to ensure your sentencing doesn't exceed the minimum even if you are convicted.