Minimum Mandatory Sentences Can Be Catastrophic Without the Right Defense
Gun charges often come with long minimum mandatory prison terms depending on the type of charge, the facts of the case, and your criminal history. It is imperative that you have an experienced criminal defense attorney evaluate a gun case as early as possible — because the results of inadequate defense can be catastrophic.
An experienced lawyer may be able to reduce or even eliminate a minimum mandatory sentence based on irregularities in your criminal history records, based on violations of your constitutional rights, or by going to trial. At George & Vyas, LLC, we work aggressively to protect your rights when facing these allegations.
Unlawful Possession
Defending cases of alleged illegal possession or ownership — including situations where the circumstances of possession are disputed.
Carrying Without a Permit
Challenging charges tied to concealed carry restrictions and permit requirements in Delaware.
Firearm Enhancements
Fighting sentence increases tied to alleged gun involvement in other crimes — these enhancements can dramatically increase exposure.
Constitutional Challenges
Asserting your rights under the Second, Fourth, and Fifth Amendments — illegal searches and seizures can be the key to suppressing evidence.
What Delaware's Gun Laws Mean for You
Delaware's principal firearm statutes are found under 11 Del. C. §§ 1441–1475. Unlawful possession of a firearm by a person prohibited (PFBPP) under § 1448 carries mandatory minimum sentences that escalate based on criminal history — including a 3-year minimum if the defendant has a prior violent felony conviction, and a 5-year minimum if the offense is committed within 10 years of such a conviction — time that must be served before any other sentence. Possession of a deadly weapon during the commission of a felony (PDWDCF) under § 1447 adds additional mandatory consecutive time. Carrying a concealed deadly weapon without a license (CCDW) under § 1442 is a Class D felony. These minimums can only be avoided through successful legal challenge or negotiation — making experienced defense counsel essential from the first court date.
We know Delaware's firearm statutes, the relevant case law interpreting "possession," and how prosecutors approach these cases. We bring that knowledge to every client's defense from day one.
Gun Crimes FAQ
Do gun charges always carry mandatory minimum sentences in Delaware?
Many gun charges do, but not all. The specific charge, your criminal history, and the facts of the case all affect whether a mandatory minimum applies and whether it can be challenged. Early evaluation by an experienced attorney is critical.
Can a gun charge be reduced or dismissed?
Yes, in some cases. Constitutional challenges, irregularities in criminal history records used for enhancement purposes, and other defenses can lead to reduced charges or dismissals. We assess every available avenue in each case.
What if the gun wasn't mine?
Constructive possession — being charged for a firearm you didn't physically hold — is common in Delaware gun cases. Whether you "possessed" a gun is often the central legal question, and it's one we know how to contest.
Have more questions? Schedule a free consultation or call 302-735-8401.