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In Racine or Kenosha county, a carrying a concealed weapon charge is a class A misdemeanor with a maximum penalty of 9 months in jail, $10,000 in fines or both.
Carrying a Concealed Weapon in Racine & Kenosha
If you are charged with carrying a concealed weapon in Racine or Kenosha County, you are facing a class A misdemeanor. Anytime you are facing a misdemeanor, if you are convicted, you may be sentenced to jail. A class A misdemeanor has a maximum penalty of 9 months in jail, a $10,000 fine or both. Additionally, upon a conviction for carrying a concealed weapon, the weapon that was concealed will be not be returned and will stay in the possession of the police.
To be convicted at a trial, the State must prove all elements beyond a reasonable doubt. For the crime carrying a concealed weapon, there are 3 elements:
- you went armed with a firearm
- you knew that the firearm was there
- the firearm was not in plain view
Put another way, there was a gun, you knew about it and it was hidden from being seen easily. Whether a gun is concealed is not always simple to decide. Police may say that a gun sitting on a passenger’s seat is concealed because the police did not see the gun until they were right on top of the car.
The law says that a weapon that is hidden from view of others is a concealed weapon. So, if a gun is in the glove box, center console, under the seat or in a bag, the law would say those are all concealed. If you have a gun on your belt and it is covered, even just partially, by your jacket, that can be concealed. There can be situations where a gun is even in your hand, but someone walking by could not see it and the State may charge you for carrying a concealed weapon.
Schedule a free initial case consultation to learn how Grieve Law gun attorneys can get your charges reduced or dropped. We work with clients throughout Racine and Kenosha including Twin Lakes, Bristol, Wilmot, Elmwood Park, Waterford, Wind Lake & surrounding communities.
How long is carrying a concealed weapon charge on my record?
In Racine and Kenosha, a carrying a concealed weapon conviction will be on your record for the rest of your life. While a conviction may remain on your record, carrying a concealed weapon is a misdemeanor charge making it possible to be expunged (sealed from public view). To qualify for expungement, you must be under the age of 25 when the offense was committed, and it can only be granted when you are sentenced. If it is not granted at sentencing, you lose the possibility of expungement in the future.
Having a criminal conviction, for a weapons charge, on your record can have a significant impact on getting a job, finding a place to live and getting a loan. You may have to explain yourself and your case for years to come.
How do I beat a carrying a concealed weapon charge?
Being able to fight and beat a carrying a concealed weapon charge in Racine or Kenosha you must have the right lawyer on your side. Having the right lawyer to challenge the elements of the charge, based on the facts of your case, is essential as depending on your facts all three elements can be challenged. By reviewing the evidence the State plans to use against you, and how the State got that evidence, our team of award-winning, skillful Racine and Kenosha attorneys will put you in the best position possible to fight and win your case.
