Understanding Weapons Offences and How to Defend Against Charges
- Burdon Legal Team
- May 14
- 4 min read
Weapons Offences in Melbourne
Weapons offences in Melbourne carry serious legal consequences, often leading to harsh penalties, including fines and imprisonment. Whether it’s possession of a prohibited weapon, a controlled weapon, or a dangerous article, understanding the laws surrounding these charges is critical. At Burdon Legal, our experienced best criminal lawyers in Melbourne specialise in defending individuals facing weapon-related charges. This blog post will help you understand the different types of weapons offences, potential penalties, and the strategies you can use to fight back.
Types of Weapons Offences and Their Penalties
In Victoria, the law recognises several different types of weapons offences, each carrying different potential penalties. These include charges related to the possession of:
Prohibited Weapons: As per the Control of Weapons Act 1990 and other related legislation, prohibited weapons include items such as flick knives, tasers, switchblades, and some types of firearms. Possessing these weapons without a valid licence or lawful reason is a serious offence in Victoria. Penalties for possession of a prohibited weapon can include up to 5 years in prison, depending on the circumstances.
Controlled Weapons: Unlike prohibited weapons, controlled weapons can be legally owned in certain situations, such as by licensed security personnel, or for specific trades. However, when carried unlawfully in public places without a legitimate purpose, possession of controlled weapons like knives, batons, and other sharp objects can be an offence. The penalties can include imprisonment for up to 2 years or a fine, depending on whether the weapon was intended for use in an unlawful manner.
Dangerous Articles: Under the Crimes Act 1958, a dangerous article is any object that can be used to cause harm, even if it is not normally considered a weapon. These include items like a screwdriver, hammer, or a broken bottle. Possession of a dangerous article with the intent to use it as a weapon is an offence that can result in serious consequences, including fines and imprisonment.
In all these cases, any penalty will depend on several factors, including the type of weapon, the circumstances of the offence, and the offender's intent, all of which will inform the court in making a decision as to sentence.
How to Defend Against Weapons Possession Charges in Victoria
If you’re facing a weapons-related charge in Victoria, you must act quickly and consult an experienced criminal lawyer. Depending on the circumstances, there are several defence strategies that could be used to challenge the charges:
Lack of Knowledge: One of the common defences used in Victoria for weapons possession is demonstrating that the accused was unaware that the weapon was present. For example, if the weapon was hidden or located in a place that the accused could not reasonably access, the defence can argue that the individual had no knowledge of its existence.
Lawful Excuse: Under certain conditions, possessing a weapon may be deemed lawful. For instance, a tradesperson may carry a knife or another tool as part of their work equipment, and a security guard may carry a baton as part of their duties. In such cases, the defendant can argue that the possession was for a lawful and legitimate purpose.
Improper Search and Seizure: Police are required to follow proper procedures when conducting searches. If a weapon was found during an illegal search or if your rights were violated in any way during the investigation, a lawyer may challenge the evidence on these grounds.
Mistaken Identity: In some cases, individuals may be falsely accused of possessing a weapon. Through witness testimony, surveillance footage, or other forms of evidence, a lawyer may prove that the defendant was not the person in possession of the weapon, leading to the charges being dropped.
Each of these defences must be supported by solid evidence and a comprehensive legal strategy. Burdon Legal’s team is highly experienced in handling complex cases like weapon possession and can develop a defence that is tailored to your individual situation.
Why Choose Burdon Legal for Your Defence of a Weapons Offence in Victoria
At Burdon Legal, we offer expert legal representation to those facing weapons-related charges across Victoria. Here’s why we are the right choice for your defence:
Expertise in Victorian Criminal Law: Our lawyers have an in-depth understanding of Victoria's weapons laws, including the Firearms Act, Control of Weapons Act, and the Crimes Act. We are well-versed in the legislative nuances that could make all the difference in your case.
Personalised Defence Strategy: Every weapons offence case is unique. We take the time to thoroughly review the details of your case and build a defence strategy that best suits your situation.
Proven Track Record: Our team has a successful history of defending clients against weapons charges, achieving positive outcomes even in challenging cases. From case dismissals to reduced sentences, we have consistently secured favourable results for our clients.
Comprehensive Support Throughout the Process: Facing weapons charges can be stressful. From the initial consultation to the final verdict, Burdon Legal will provide you with clear communication and support every step of the way. We will fight for your rights and keep you informed throughout the process.
Taking the Right Steps for Your Defence
Facing a weapons offence charge in Victoria can be daunting, but it’s important to remember that there are legal avenues available to defend your case. Whether you're accused of possessing a prohibited weapon, a controlled weapon, or a dangerous article, understanding the law and having an experienced criminal lawyer by your side is crucial. At Burdon Legal, we are committed to providing you with the best legal advice, personalised defence strategies, and continuous support to help navigate this challenging process.
Don’t face weapons charges alone. Get in touch with Burdon Legal today to discuss your case, and let us help you secure the best possible outcome.
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