Gun Defense Lawyer in California
Gun Defense Lawyer in California
California has some of the strictest gun laws in the United States, with 107 firearm regulations—well above the national state average of 28. If you’re facing gun-related charges, you could be dealing with serious penalties, including fines, imprisonment, or loss of rights.
This situation can be overwhelming, but it’s crucial to understand your options. A skilled gun defense lawyer in California can help protect your rights and build a strong defense against these charges.
In this article, we’ll explain how a gun defense lawyer can assist you and the legal steps you need to take. If you’re facing charges, this guide is here to help.
Why You Need an Experienced Gun Defense Lawyer
When facing gun charges, having an experienced gun defense lawyer is crucial. California’s gun laws are complex, and the penalties can be severe, ranging from hefty fines to long prison sentences. A skilled attorney will help you navigate these laws, build a defense strategy, and potentially reduce or dismiss the charges against you.
Gun Offense Lawyer Near Me
Finding a local gun offense lawyer is essential for understanding the specifics of your case. A lawyer familiar with California gun laws can offer personalized defense strategies tailored to your location and the charges you face.
Gun Charges Attorney: What to Expect
A gun charges attorney will guide you through every step of the legal process, from arrest to court appearances. They will explain the charges, gather evidence, and represent your interests in negotiations or trial. Their goal is to achieve the best possible outcome for your case, whether that means reduced charges or a dismissal.
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Common Gun Charges in California
Gun-related offenses in California can range from possession violations to more serious crimes involving the use of a firearm. Knowing the specific charges you face is crucial for building a defense.
Felon in Possession of a Firearm (PC 29800)
Under Penal Code 29800, it is illegal for a felon to own or possess a firearm. Convictions can result in up to three years in prison. Defenses can include lack of possession or wrongful conviction of the original felony.
Carrying a Concealed Firearm (PC 25400)
Carrying a concealed firearm without a permit is a violation of Penal Code 25400 and can result in misdemeanor or felony charges. The penalties may include up to three years in jail, depending on the circumstances.
Use of a Firearm in the Commission of a Felony (PC 12022.5)
Using a firearm during the commission of a felony, such as robbery, can add significant penalties under Penal Code 12022.5. This enhancement can add several years to the sentence of the underlying felony.
Brandishing a Firearm (PC 417)
Brandishing a firearm or displaying it in a threatening manner is a misdemeanor or felony under Penal Code 417. Depending on the severity of the act, convictions can lead to fines, jail time, and other penalties.
Possession of an Assault Weapon (PC 30605)
Possessing an assault weapon is illegal in California under Penal Code 30605. This can result in felony charges, punishable by up to four years in state prison.
Drive-By Shooting (PC 26100(c))
Shooting a firearm from a vehicle, also known as a drive-by shooting, is a serious felony under Penal Code 26100(c). Penalties include lengthy prison sentences, often compounded by the involvement of gang activity or prior convictions.
Federal Gun Crime Charges
What Makes a Gun Charge Federal?
A gun charge becomes a federal offense when a firearm or ammunition is transported, shipped, or received across state lines or international borders by unlicensed individuals. This falls under 18 U.S. Code § 922, which governs the interstate or foreign commerce of firearms. Additionally, federal gun charges can arise if the firearm is involved in drug trafficking or organized crime or is used on federal property.
Transporting Firearms Across State Lines
Transporting firearms across state lines without proper licensing or under specific unlawful circumstances can result in serious federal charges. 18 U.S. Code § 922(a)(4) prohibits transporting destructive devices like grenades, bombs, or machine guns. It’s also illegal to transport short-barreled rifles, short-barreled shotguns, or machine guns without specific authorization. Transporting these items unlawfully can lead to long federal prison sentences.
Possession of Firearms by Prohibited Individuals
Federal law prohibits certain individuals from possessing firearms. Under 18 U.S. Code § 922, the following people are barred from gun ownership:
- Convicted felons
- Fugitives from justice
- Unlawful users or addicts of controlled substances
- Individuals deemed mentally defective or committed to a mental institution
- Illegal immigrants
- People dishonorably discharged from the military
- Individuals under domestic violence restraining orders
- Convicted domestic violence misdemeanants
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Penalties for Gun-Related Crimes in California
Gun-related crimes in California carry severe penalties, and they become more stringent depending on the nature of the crime and the individual’s criminal history.
How Much Jail Time for Gun Charges in California?
The jail time for gun charges in California varies depending on the offense. For example:
- Felon in possession of a firearm (PC 29800): Up to 3 years in state prison.
- Carrying a concealed weapon without a permit (PC 25400): Misdemeanor offenses can lead to up to 1 year in jail, while felony offenses can carry up to 3 years in prison.
Assault weapon possession (PC 30605): Can result in up to 4 years in state prison.
Penalties for Repeat Gun Offenders
Repeat gun offenders face harsher penalties in California. Under the Three Strikes Law, repeat felony convictions can lead to significantly longer prison sentences. For example, a second felony conviction involving a firearm may double the standard sentence, while a third strike could lead to a life sentence. Additionally, individuals with prior gun-related convictions may face enhancements that increase prison time for new offenses.
Self-Defense and Gun Charges
Can a Felon Use a Gun in Self-Defense?
In California, felons are generally prohibited from using firearms. However, in rare cases where a felon faces imminent danger of serious harm, using a gun for self-defense might be legally justified. Still, this defense is highly complex and requires strong legal support to avoid further charges.
Gun Laws for Self-Defense in California
California’s self-defense laws allow the use of firearms when facing an immediate threat. However, the force must be proportionate to the threat. California follows the Castle Doctrine but does not have a broad Stand Your Ground law, meaning you must retreat if possible before using lethal force.
Insufficient Evidence
Challenging the evidence presented against you is a common defense strategy. This may involve questioning the credibility or reliability of witness testimony, challenging the admissibility of evidence, or demonstrating gaps or inconsistencies in the prosecution’s case.
How a Gun Charges Attorney Can Help You
Facing gun charges in California can lead to serious penalties. A gun charges attorney can review your case, defend your rights, and potentially reduce your sentence or get the charges dismissed based on legal defenses like lack of evidence or self-defense.
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Contact Huff Legal Gun Defense Lawyer for a Free Consultation
If you’ve been charged with a gun crime in California, Huff Legal is here to help. Our experienced defense attorneys specialize in gun-related cases and will provide a personalized strategy to protect your rights.
Contact us today for a free consultation to discuss your case and start building a strong defense.
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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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At Huff Legal, we have more than 55 years of combined experience dealing with complex criminal legal matters, which can oftentimes be quite challenging. In order to get the outcome you deserve, you need a team of experienced attorneys on your side, who can help you navigate the legal system, so you can move past this situation and focus on the life ahead of you!
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Over the years, we’ve had the privilege of helping over 1,500 clients with their legal needs. When you work with us, you can be confident that you’re getting the best possible legal representation. We’re proud of our track record and our reputation for being a firm that delivers great results.
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In legal terms, an accessory to murder refers to an individual who aids, abets, or otherwise assists in committing a murder. While the specifics may vary across jurisdictions, California law treats accessories to murder as active participants in the crime, holding them accountable for their actions. In San Francisco Bay Area, there are two primary types of accessories to murder:
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.