Bay Area Gun Crimes Lawyer
Bay Area Gun Crimes Lawyer
Gun crimes in California are prosecuted aggressively, and the state has some of the strictest firearm laws in the nation. A conviction for a gun-related offense can result in severe penalties, including lengthy prison sentences and hefty fines.
If you’re facing gun crime charges in the Bay Area, it’s crucial to have an experienced and knowledgeable gun crime lawyer on your side. In this article, we’ll discuss the various types of gun crimes in California, the potential consequences of a conviction, and how a skilled Bay Area gun crime lawyer can help you navigate the legal system and protect your rights.
With the right legal representation, you may be able to get your charges reduced or dismissed and avoid the life-altering consequences of a gun crime conviction.
Gun Ownership in California
California has some of the strictest gun laws in the United States, which can make gun ownership challenging for many residents. While most adults over the age of 21 are allowed to possess a firearm in the state, there are several exceptions.
If you have been convicted of a felony, are addicted to narcotics, have a history of certain domestic violence or violent crimes, or have a history of mental illness, you may be prohibited from owning a gun in California. Additionally, as of July 2021, assault rifles are still illegal in the state despite a recent federal court decision that aimed to overturn the ban.
Suppose you are facing charges related to illegal gun possession in the Bay Area. In that case, it is essential to seek the guidance of an experienced gun crime lawyer who can help you understand your rights and build a strong defense.
Common Bay Area Gun Crimes and Their Penalties
California’s extensive gun laws regulate the possession, transportation, and sale of firearms, and violations can lead to serious criminal charges. Some of the most common gun crimes in the Bay Area include:
Felon in Possession of a Firearm (PC 29800)
If you have been convicted of a felony in California, it is illegal for you to possess any type of firearm. A conviction for this offense can result in a fine of up to $10,000 and/or a jail sentence of up to three years.
It is important to seek the help of a skilled gun crime lawyer if you are facing these charges, as the consequences can be severe and long-lasting.
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Carrying a Concealed Firearm (PC 25400)
In California, it is illegal to carry a concealed weapon in a vehicle or on a person without a proper permit. This offense can be charged as either a misdemeanor or a felony, depending on the circumstances.
Penalties can range from up to one year in county jail to up to three years in prison, along with substantial fines. If you have been charged with carrying a concealed firearm, a knowledgeable gun crime attorney can help you understand your options and work to minimize the potential consequences.
Use of a Firearm in the Commission of a Felony (PC 12022.5)
Using a firearm while committing or attempting to commit a felony is a serious offense in California. If convicted, you could face an additional prison term of three, four, or ten years, depending on the circumstances of your case.
This sentence enhancement will be served consecutively to the sentence for the original felony charge. An experienced gun crime lawyer can help you navigate these complex charges and fight for your rights.
Possession of an Assault Rifle (PC 30605)
As of July 2021, it remains illegal to possess an assault rifle in California, despite an ongoing legal challenge to the state’s ban. A violation of Penal Code 30605 is considered a “wobbler,” meaning it can be charged as either a misdemeanor or a felony.
Penalties can range from county jail time to up to three years in prison. If you are facing charges related to the possession of an assault rifle, it is essential to have a skilled gun crime attorney on your side who can help you understand the current legal landscape and build a strong defense.
Brandishing a Firearm (PC 417)
Brandishing a firearm during a fight or in a rude and threatening manner is illegal in California, except in cases of self-defense. This offense is typically charged as a misdemeanor, but it can still carry significant consequences.
If you are facing charges related to brandishing a firearm, a knowledgeable gun crime lawyer can help you understand your rights and work to protect your future.
Discharging a Firearm (PC 246.3)
It is illegal to discharge a firearm in a grossly negligent manner that could result in the death or injury of another person. If charged as a felony, this offense can be punishable by up to three years in state prison.
If you are facing charges related to the discharge of a firearm, it is crucial to seek the guidance of an experienced gun crime lawyer who can help you build a strong defense and fight for your rights.
Oakland Gun Laws
In Oakland, gun owners have a responsibility to ensure their firearms are stored safely when not being carried on their person. According to the Oakland Municipal Code, firearms must be kept in a locked container when inside a private residence.
This law is designed to prevent accidents and unauthorized access to firearms, particularly by children or individuals who may pose a danger to themselves or others. If you are a gun owner in Oakland, it is crucial to familiarize yourself with these storage requirements and take the necessary steps to comply with the law.
Failure to do so could result in criminal charges and put your loved ones at risk.
California Gun Laws
California has some of the most stringent gun laws in the nation, and it is essential for gun owners and those facing gun-related charges to understand these regulations. Three common situations can prohibit an individual from possessing a firearm in California: felony convictions, certain misdemeanor convictions, and being the subject of a restraining order.
Penalties for Gun Charges in California
The penalties for gun-related offenses in California can be severe, ranging from substantial fines to lengthy prison sentences. For example, a conviction for being a felon in possession of a firearm can result in a fine of up to $10,000 and a jail sentence of up to three years.
Similarly, carrying a concealed firearm without a proper permit can be charged as either a misdemeanor or a felony, with penalties ranging from up to one year in county jail to three years in prison, along with significant fines.
If you are facing gun charges in California, it is essential to work with a skilled criminal defense lawyer who can help you understand the potential consequences and develop a strong defense strategy.
Felon in Possession of a Firearm
Under California Penal Code 29800, it is illegal for anyone convicted of a felony to possess a firearm. The prohibition applies to all types of firearms, including handguns, rifles, and shotguns.
If you are a felon found in possession of a firearm, you could face serious criminal charges, with penalties including up to three years in jail and a fine of up to $10,000.
If you find yourself in this situation, it is crucial to seek the help of an experienced gun crime lawyer who can help you understand your rights and work to minimize the potential consequences of a conviction.
Misdemeanor Convictions That Prohibit Possession of Firearms
In addition to felony convictions, certain misdemeanor convictions can also result in a prohibition on firearm possession in California. These include:
- Domestic violence convictions
- Convictions for assault or battery
- Convictions for stalking
- Convictions for making criminal threats
If you have been convicted of one of these misdemeanors, it is essential to understand that you may be prohibited from owning or possessing a firearm. Violating this prohibition can lead to serious criminal charges, so it is crucial to seek the guidance of a knowledgeable gun crime attorney who can help you navigate these complex laws.
The subject of Restraining Order
If you are the subject of a restraining order in California, you may also be prohibited from possessing a firearm. It includes domestic violence restraining orders, civil harassment restraining orders, and workplace violence restraining orders.
If you are found in possession of a firearm while subject to one of these orders, you could face criminal charges and significant penalties. If you find yourself in this situation, it is essential to work with an experienced gun crime lawyer who can help you understand your rights and obligations under the law.
Prohibitions on Firearm Ownership in Oakland
In addition to the state-level prohibitions on firearm ownership, Oakland has its own set of regulations that gun owners must follow. As mentioned earlier, the Oakland Municipal Code requires firearms to be stored in a locked container when not being carried on one’s person.
The law applies to all private residences in the city and is designed to promote responsible gun ownership and prevent accidents or unauthorized access to firearms. If you are a gun owner in Oakland, it is crucial to familiarize yourself with these local regulations and take steps to ensure compliance. Failing to do so could result in criminal charges and put your loved ones at risk.
When is the Use of a Firearm in Oakland Illegal?
In Oakland, as in the rest of California, the use of a firearm can be considered illegal in a variety of situations. For example, using a firearm in the commission of a felony is a serious offense that can result in significant sentence enhancements.
Similarly, using a firearm while committing certain sex crimes can also lead to enhanced penalties. It is important to note that even if the firearm is not discharged, simply possessing it during the commission of a crime can be enough to trigger these enhancements.
Suppose you are facing charges related to the illegal use of a firearm in Oakland. In that case, it is crucial to work with a skilled gun crime lawyer who can help you understand the potential consequences and develop a strong defense strategy.
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Allegations of Firearm Use as an Aggravating Factor
When a firearm is used in the commission of a crime, it can significantly impact the severity of the charges and the potential penalties. In California, using a gun during a criminal act is often considered an aggravating factor, elevating what might otherwise be a misdemeanor offense to a felony.
It means that if you are accused of using a firearm while committing a crime, you could face much harsher consequences than if the gun had not been involved. It is crucial to understand the gravity of these allegations and to seek the guidance of an experienced gun crime lawyer who can help you navigate the complex legal system and fight for your rights.
What Makes a Gun Charge Federal?
While California has its own set of gun laws, certain firearms offenses can become federal charges when they involve the unlicensed shipment, transportation, or receipt of weapons or ammunition across state lines or for foreign commerce. These federal gun charges are outlined in 18 U.S. Code § 922 and can carry severe penalties. If you are facing federal gun charges, it is essential to work with a skilled criminal defense attorney who has experience handling these complex cases and can help you understand the potential consequences and develop a strong defense strategy.
Who's Prohibited from Possessing Firearms?
Federal law prohibits certain individuals from owning or possessing firearms, even if they have not been convicted of a crime. These prohibited persons include:
- Fugitives from justice
- Individuals convicted of crimes punishable by more than one year in prison
- Unlawful users or those addicted to controlled substances
- People deemed mentally defective or committed to a mental institution
- Illegal immigrants
- Dishonorably discharged veterans
- Those who have renounced their U.S. citizenship
- Individuals subject to certain court orders
- Those convicted of a misdemeanor domestic violence offense
If you fall into one of these categories and are found in possession of a firearm, you could face serious federal charges. It is crucial to seek the help of an experienced gun crime lawyer who can help you understand your rights and work to minimize the potential consequences of a conviction.
Transporting Certain Firearms & Ammunition
Federal law also places specific restrictions on the types of firearms and ammunition that can be transported across state and federal borders. Under 18 U.S. Code § 922(a)(4), it is illegal for unlicensed individuals to transport destructive devices such as grenades, mines, or bombs, as well as machine guns, short-barreled shotguns, or short-barreled rifles.
Additionally, it is illegal to manufacture or import armor-piercing rounds except for use by U.S. departments or agencies. If you are accused of violating these transportation laws, it is essential to work with a knowledgeable Bay Area gun crimes lawyer who can help you navigate the complex federal legal system.
Weapons with Missing Serial Numbers
All firearms in the United States must have a unique serial number to allow for identification and tracking. Federal law makes it illegal to knowingly transport or receive firearms with removed or tampered serial numbers.
If you are facing charges related to a weapon with a missing or altered serial number, it is crucial to seek the guidance of an experienced gun crime lawyer who can help you understand the potential consequences and develop a strong defense strategy.
Possessing Weapons in Restricted Areas
In addition to federal laws, most local jurisdictions have regulations prohibiting the possession of firearms in certain areas, such as school zones. When someone possesses a gun on school grounds for interstate or foreign commerce, they can be charged with a federal crime. If you find yourself facing federal charges for possessing a weapon in a restricted area, it is essential to work with a skilled criminal defense attorney who can help you navigate the complex legal system and fight for your rights.
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What Could You Face for a Federal Gun Charge?
The penalties for federal gun charges can be severe, ranging from substantial fines to lengthy prison sentences. The specific consequences you may face will depend on factors such as the nature of the offense, your criminal history, and the type of weapon involved. Some of the potential penalties for federal gun crimes include:
Penalties for Prohibited Individuals
If you are a prohibited person found in possession of a firearm, you could face up to 10 years in federal prison and a significant fine. If you have three or more prior convictions for violent felonies or serious drug offenses, you could face a mandatory minimum sentence of 15 years in prison.
Federal Gun Crimes & Drug Trafficking
If you are accused of using or carrying a firearm during a drug trafficking crime or a crime of violence, you could face a mandatory minimum sentence of 5 years in prison, to be served consecutively to any other sentence imposed. If the firearm is brandished, the mandatory minimum increases to 7 years, and if the firearm is discharged, the mandatory minimum is ten years.
The Type of Weapon Could Increase Your Sentence
The type of weapon involved in a federal gun crime can also impact the potential penalties. For example, if the offense involves a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, you could face a mandatory minimum sentence of 10 years in prison.
Penalties for Repeat Offenders
If you have a prior conviction for a federal gun crime, the penalties for a subsequent offense can be even more severe. In some cases, you could face a mandatory minimum sentence of 25 years in prison or even life imprisonment.
If you are facing federal gun charges, it is crucial to work with an experienced criminal defense attorney who can help you understand the potential consequences and develop a strong defense strategy. Your lawyer will work tirelessly to protect your rights and fight for the best possible outcome in your case.
California Weapon Offenses
In California, gun possession is legal, but there are several restrictions and limitations that you need to be aware of. Anyone 18 years or older who is not prohibited from owning a firearm can have a loaded or unloaded gun in their home, temporary residence, campsite, or lawful business place.
However, there are many situations where carrying a gun is illegal, and these offenses can be charged as either misdemeanors or felonies. If you are convicted of a felony, you may be prohibited from carrying a gun for life, while certain misdemeanor convictions can result in a 10-year ban on gun ownership.
Additionally, there are specific laws, such as the Gun-Free School Zone Act, that prohibit carrying a gun in certain places, even if you are otherwise legally allowed to possess a firearm.
Suppose you are facing weapons-related charges in California. In that case, it is crucial to seek the help of an experienced gun crime lawyer who can help you understand your rights and fight for the best possible outcome in your case.
Potential Punishments for California Weapons Crimes
The penalties for weapons offenses in California can vary depending on the specific charge and whether it is a misdemeanor or a felony. For many misdemeanor weapons charges, you may face up to one year in jail and a fine of up to $1,000.
However, if you are convicted of a felony gun crime, you could be sentenced to up to three years in prison and fines reaching $10,000. It is important to note that some weapons charges are considered “wobblers,” which means they can be charged as either a misdemeanor or a felony, depending on the circumstances of the case and your criminal history.
In these situations, it is essential to have a skilled gun crime attorney on your side who will fight for the lowest possible charge and punishment.
Potential Punishments for California Weapons Crimes
The penalties for weapons offenses in California can vary depending on the specific charge and whether it is a misdemeanor or a felony. For many misdemeanor weapons charges, you may face up to one year in jail and a fine of up to $1,000.
However, if you are convicted of a felony gun crime, you could be sentenced to up to three years in prison and fines reaching $10,000. It is important to note that some weapons charges are considered “wobblers,” which means they can be charged as either a misdemeanor or a felony, depending on the circumstances of the case and your criminal history.
In these situations, it is essential to have a skilled Bay Area Gun Crimes Lawyer on your side who will fight for the lowest possible charge and punishment.
Weapons May Impact Other Charges
In addition to facing charges specifically related to firearms, the presence of a weapon during the commission of another crime can significantly impact the severity of the charges you face. For example, if you are accused of committing an assault while in possession of a gun, you may be charged with the more serious offense of assault with a deadly weapon rather than simple assault.
The presence of a weapon is always considered an aggravating factor that can elevate the level of the charge and the potential penalties. Suppose you are facing criminal charges involving using or possessing a weapon. In that case, it is crucial to work with an experienced criminal defense lawyer who can help you navigate the complex legal system and fight for your rights.
Defending Against Weapons Charges
If you are facing weapons charges in California, it is essential to have a strong defense strategy tailored to the specific circumstances of your case. An experienced gun crime lawyer will thoroughly investigate the allegations against you, looking for any weaknesses in the prosecution’s case or violations of your constitutional rights. Some potential defenses against weapons charges may include:
- Challenging the legality of the search that led to the discovery of the weapon
- Arguing that the weapon was not actually in your possession or control
- Demonstrating that you have a valid permit or license to carry the weapon
- Showing that you were unaware of the presence of the weapon
- Proving that the weapon was used in self-defense or defense of others
Your attorney will work closely with you to understand your side of the story and develop a compelling defense strategy to reduce or dismiss the charges against you.
Is it possible to get an expungement after a Gun & Firearm Charge?
If you have been convicted of a gun or firearm charge in California, you may be wondering if it is possible to have your record expunged. In some cases, expungement may be an option, allowing you to move forward with your life without the burden of a criminal conviction. However, the eligibility for expungement depends on several factors, including:
- The specific offense you were convicted of
- Whether you successfully completed probation or served your sentence
- Whether you have any other criminal convictions on your record
If you are eligible for expungement, you must file a petition with the court and attend a hearing. At the hearing, a judge will review your case and decide whether to grant the expungement. If your petition is successful, the court will withdraw your guilty or no contest plea, set aside your guilty verdict, and dismiss the case.
While an expungement does not completely erase your criminal record, it can make finding employment, housing, and other opportunities easier. If you are interested in pursuing an expungement for a gun or firearm charge, it is essential to work with an experienced criminal defense attorney who can guide you through the process and help you achieve the best
Contact Our Oakland Criminal Defense Lawyer
If you or a loved one is facing gun crime charges in the Bay Area, don’t hesitate to reach out to the experienced criminal defense attorneys at Huff Legal. We understand the stress and uncertainty of facing criminal charges and are here to help.
Our team has a proven track record of success in defending clients against a wide range of gun-related offenses. We are committed to fighting for your rights and freedom. We offer free, confidential consultations to discuss your case and explore your legal options.
Don’t let a gun charge define your future – contact Huff Legal today and let us help you build a strong defense and work towards the best possible outcome for your case. Our Bay Area gun crimes lawyers are some of the best in all of California~
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As a former police officer and patrol supervisor and his time spent as a United States District Court Judicial Law Clerk to the Chief Judge, Attorney Huff knows how to navigate all levels of the complex criminal law system. We also have more than 55 years of combined experience dealing with various complex criminal legal matters and have helped just over 1,500 clients over the past few years.
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In the event that you find yourself in the Bay Area facing accessory to murder charges, you should first call a criminal defense attorney who can help you defend your rights and lessen the effects of the investigation. Contact an attorney at Huff Legal as soon as possible following your arrest. An accomplished attorney from Huff Legal will thoroughly examine your case, who will then develop a strategy and build a defense.