Weapon Charges Lawyer: Expert Defense for Gun Crime and Firearms Violations in California
Weapon Charges Lawyer: Expert Defense for Gun Crime and Firearms Violations in California
In the first four months of 2024, Oakland experienced a staggering 1,000 robberies, highlighting the city’s ongoing struggle with gun-related crimes. Facing weapon charges or gun crime accusations in California can be a daunting and life-altering experience, especially in light of these alarming statistics.
The legal consequences of a conviction can be severe, including lengthy prison sentences, hefty fines, and a permanent criminal record. If you find yourself in this challenging situation, you may be feeling overwhelmed and unsure of where to turn for help.
Today, let’s explore the role of an expert weapon charges lawyer in California and how they can provide you with the aggressive, knowledgeable defense you need to fight gun crime and firearms violation charges.
Types of Gun Charges/Weapon Charges
California has strict laws governing the possession, use, and sale of firearms and other weapons. Violating these laws can lead to various gun charges, each with its own set of penalties.
What is a Gun Charge?
A gun charge is a criminal offense related to the illegal possession, use, or sale of firearms. Some common gun charges in California include possession of an unlicensed firearm, carrying a concealed weapon, and being a felon in possession of a firearm. The severity of the charges and the potential penalties depend on factors such as the type of weapon, the circumstances of the offense, and the individual’s criminal history.
Unregistered Gun Charge
Possessing an unregistered firearm is a serious offense in California. If you have an unlicensed firearm in your home or workplace, you can face misdemeanor charges. However, if you take the unregistered gun outside these locations, you may be charged with a felony and face a minimum sentence of 3.5 years in prison. It’s crucial to understand the registration requirements for firearms in California to avoid unintentionally violating the law.
Other Common Gun Charges in California:
- Possession of an illegal weapon (e.g., assault weapons, large-capacity magazines)
- Carrying a loaded gun in public without a permit
- Brandishing a weapon in a threatening manner
- Assault with a firearm
- Drive-by shooting
- Shooting at dwellings or vehicles
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What Are Some Laws Related to Gun Use and Possession?
Gun Charge in California
In California, it is illegal to sell firearms with military features, such as AK-47s. Additionally, all firearm purchases must be conducted through a licensed dealer, and buyers must submit a Dealer Record of Sale (DROS) form and attend safety training courses. Before purchasing a firearm, individuals must also undergo a background check and wait for a ten-day period. Violating these laws can result in criminal charges and significant penalties.
First-Time Gun Charge in California
Even if you have no prior criminal history, a first-time gun charge in California can carry serious consequences. Depending on the nature of the offense, you may face misdemeanor or felony charges, fines, and potential jail or prison time.
For example, under California’s Child Abuse Prevention (CAP) law, leaving a firearm accessible to a child under 14 is a felony offense. If you are facing a first-time gun charge, it’s essential to seek the guidance of an experienced weapon charges lawyer who can help you navigate the legal system and protect your rights.
Key California Firearms Laws:
- Mandatory background checks and ten-day waiting periods for firearm purchases
- Prohibition on selling firearms with military features
- Requirement to purchase firearms through licensed dealers
- Mandatory safety training courses for firearm buyers
- Child Abuse Prevention (CAP) law makes it a felony to leave a firearm accessible to a child under 14.
Legal Penalties for a Weapons Charges Conviction
In California, convictions for weapons charges can result in misdemeanor or felony penalties, depending on the specific offense.
What are the Penalties for a Weapons Charge in California?
The penalties for a weapons charge in California vary based on the nature of the offense and the individual’s criminal history. For misdemeanor weapons offenses, you could face up to one year in county jail, a fine of up to $1,000, or both.
Felony weapons offenses carry more severe penalties, with potential sentences ranging from one to twenty years in a California state prison.
Felony Charges for Gun Possession
Certain gun possession offenses are charged as felonies in California, such as being a felon in possession of a firearm or carrying a concealed weapon without a permit. Felony gun possession charges can result in significant prison time, with sentences ranging from several years to over a decade, depending on the specific circumstances of the case and the individual’s criminal history.
How Long is a Gun Charge?
The length of a gun charge sentence in California depends on various factors, including the type of offense, whether it is charged as a misdemeanor or a felony, and the individual’s prior criminal record.
Misdemeanor gun charges typically carry sentences of up to one year in county jail, while felony gun charges can result in sentences ranging from one to twenty years in state prison. In some cases, sentencing enhancements can add additional years to the base sentence.
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Sentencing Enhancements for Weapons Violations
In addition to the base penalties for weapons offenses, California law provides for various sentencing enhancements that can significantly increase the length of a sentence. These enhancements are designed to deter the use of firearms in the commission of serious crimes.
Gun Sentencing Enhancements
California has a law known as “use a gun and you’re done,” which applies to a list of nineteen serious felony offenses, including murder and sex crimes. Under this law, if you commit one of these offenses using a firearm, you can face substantial additional prison time on top of your original sentence.
For example, using a gun during the commission of a murder could result in an additional 25 years to life in prison.
10-20-Life Gun Sentencing Enhancement
Another significant sentencing enhancement in California is the “10-20-Life” law, which imposes mandatory minimum sentences for certain gun-related offenses. Under this law, using a gun during the commission of a felony can add ten years to your sentence, firing a gun during a felony can add 20 years, and causing great bodily injury or death with a gun can result in a life sentence.
These enhancements are in addition to the base sentence for the underlying felony offense.
Legal Defenses against Weapons Charges
When facing weapons charges in California, it’s essential to explore all available legal defenses with the help of an experienced weapon charges lawyer. Some common defense strategies include challenging the legality of the search that led to the discovery of the weapon, arguing that the weapon was not yours, or demonstrating that you had a valid reason for possessing the weapon.
What are Some Defense Strategies?
Some potential defense strategies against weapons charges include:
- Challenging the legality of the search that led to the discovery of the weapon
- Arguing that the weapon did not belong to you
- Demonstrating that you had a valid reason for possessing the weapon, such as self-defense
- Showing that the weapon was not functional or was a replica
- Proving that you did not know the weapon was present (e.g., in a borrowed vehicle)
Common Defenses for Possession of Gun Cases
In cases involving gun possession charges, some common defenses include:
- Lack of knowledge: Arguing that you were unaware of the presence of the gun
- Momentary possession: Demonstrating that your possession of the gun was brief and for a legitimate purpose, such as turning it into law enforcement
- Illegal search and seizure: Challenging the constitutionality of the search that led to the discovery of the gun
- Entrapment: Arguing that law enforcement coerced you into committing the offense
- Necessity: Showing that you possessed the gun out of necessity, such as to defend yourself or others from imminent harm
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Where in the Process Should I Contact an Attorney?
If you are facing weapons charges in California, it is crucial to contact an experienced gun charges attorney as soon as possible. The earlier you involve a skilled lawyer in your case, the better they can protect your rights and start building a strong defense strategy on your behalf.
Do not wait until you are formally charged or arrested to seek legal counsel, as this may limit your options and make it more challenging to achieve a favorable outcome.
The Role of a Gun Charges Attorney
A gun charges attorney plays a vital role in defending your rights and freedom when you are accused of a weapons offense. They will thoroughly investigate the circumstances surrounding your case, analyze the evidence against you, and identify any weaknesses in the prosecution’s case.
Your attorney will also work to suppress any illegally obtained evidence, negotiate with prosecutors for reduced charges or a plea bargain, and vigorously represent you in court if necessary. With their expertise and guidance, you can navigate the complex legal system and work towards the best possible resolution for your case.
Get an Aggressive Defense to Any Gun or Weapon Charge
At Huff Legal, we understand the severity of weapons charges and the impact they can have on your life. Our team of experienced gun charges attorneys is dedicated to providing aggressive, comprehensive defense representation to clients facing these serious accusations.
We will leave no stone unturned in our efforts to protect your rights, challenge the prosecution’s case, and fight for the most favorable outcome possible.
Have you been accused of a gun crime? Trust our firm for an aggressive defense.
If you have been accused of a gun crime in California, you need a legal team that will stand by your side and fight tirelessly to defend your rights. At Huff Legal, we have a proven track record of success in handling complex weapons cases, and we are committed to providing each client with the personalized attention and aggressive advocacy they deserve.
Call Now for Your Free Consultation
Don’t face weapons charges alone. Contact Huff Legal today to schedule a free, confidential consultation with one of our experienced gun charges attorneys. During your consultation, we will listen to your story, answer your questions, and provide you with an honest assessment of your case.
We will work with you to develop a tailored defense strategy aimed at achieving the best possible outcome, whether that means negotiating a favorable plea deal or fighting for your acquittal at trial.
Call us today to schedule your free consultation and take the first step towards protecting your rights and future.
FAQ
How much jail time for a gun charge in California?
Jail time for a gun charge in California ranges from up to one year in county jail for misdemeanors to 1 – 20 years in state prison for felonies, depending on the specific offense and individual circumstances.
What is a weapon charge?
A weapon charge is a criminal offense involving the illegal possession, use, or sale of a weapon, with charges and penalties varying based on the type of weapon, the circumstances, and the jurisdiction’s laws.
What is a weapon offense?
A weapon offense is any criminal act involving the unlawful possession, use, or sale of a weapon, such as carrying a concealed firearm without a permit or using a weapon during another crime, and can be charged as a misdemeanor or felony in 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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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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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.