Are you facing gun crime allegations? Is your freedom being threatened for owning a gun? California law may be stringent with gun owners, but that doesn't mean it's the end of the line for you. With the right representation, you can get back on your feet and live a normal life in no time. If you're in this situation, our experienced Los Angeles gun crime lawyer can help. Start your free and confidential consultation with our legal team today by calling us at (909) 549-2280!
Gun violence is a growing problem nationwide. With so many reports of gun violence casualties and an increasing threat to the public's general safety, the local and federal governments are taking action to mitigate the occurrence of these crimes.
As the law becomes stiffer with gun owners, an inappropriate gun crime allegation could put you at risk. Being convicted of a gun crime in California could mean months to years of imprisonment and hefty penalty fines. Additionally, you could lose your right to own a gun in the future.
All of these may weigh in on you. But with the right legal representation, you can continue with your life and retain your rights to own a firearm legally. If you're looking for experienced legal assistance in Los Angeles, our legal team at Shah Criminal Lawyer may be what you're looking for.
With over a decade of legal expertise, we successfully assisted countless gun crime defendants with their cases. Our near-perfect success rate of 98%+ is a testament to our commitment to helping you succeed with your case.
Schedule a free and confidential consultation with our criminal defense attorney today!
California gun laws are known to be one of the most restrictive nationwide. You are only allowed to legally own a gun if you're aged 21 and above, have passed a background check and received a Firearm Safety Certificate.
If you don't meet these legal requirements yet own a firearm, you may face criminal charges if caught by authorities.
Additionally, you may buy a gun from a licensed dealer, and the purchase process should comply with the Dealer's Record of Sale process or DROS.
With the state's increased firearm restrictions, owning a gun is illegal to very select groups of people, including the following:
Under the California Red Flag Law or Assembly Bill 61, employees, co-workers, and teachers may request a gun violence restraining order to impose a ban on firearms in their workplace. This ensures workplace safety and serves as a deterrent to violent behavior.
The state's gun laws are quite comprehensive and cover a wide range of offenses. The most common types of gun crimes in Los Angeles include the following:
California Penal Code 26500 makes it unlawful to sell or provide firearms without a valid license. Transactions from unlicensed dealers are a misdemeanor punishable by up to one year in jail and a maximum fine of $1,000.
If you're planning to sell firearms, you must understand the licensing process under California state law. You'll need to have the following documentation before you can start selling firearms in California:
Without these, you cannot obtain a license to distribute firearms in the state.
Illegal possession of gun accessories such as silencers, sawed-off shotguns, and armor-piercing bullets is a criminal offense in California. Each has its own governing statutes and penalties:
Felons or other restricted individuals who are in unlawful possession of firearms violate the California Penal Code 29800(a)(1). This is a felony offense punished by up to three years in jail, a maximum fine of $10,000, and formal probation imposed by the judge.
Carrying a concealed weapon is a criminal act in California. According to Penal Code 25400, carrying a concealed firearm is a misdemeanor offense without any aggravating factors or aggressive intentions.
However, if the defendant is a convicted felon, showed signs of aggression, and showed other aggravating factors, this crime becomes a felony.
As a misdemeanor, you could face a maximum of one year of jail time, a $1,000 fine, or informal probation. As for a felony conviction of this crime, the maximum penalty is three years of incarceration and a $10,000 fine.
Only people with a CCW or concealed weapons permit can carry a loaded firearm in California. Otherwise, you're violating the California Penal Code 25850 if you're caught having a loaded gun in public.
Bringing a loaded firearm in public areas without a permit is a misdemeanor punishable by a maximum of one year in jail and a maximum fine of $1,000.
Without aggravating factors, this crime is a misdemeanor. However, if the defendant had previously been convicted of a felony, this crime becomes a wobbler.
Brandishing a firearm or any assault weapons in a threatening manner is illegal in California and a violation of the California Penal Code 417. This criminal offense is usually charged as a misdemeanor with a ceiling penalty of one year in jail, a $1,000 fine, or serving informal probation.
Assault with a deadly weapon is also known as the crime of aggravated assault. This criminal offense violates the California Penal Code 245(a)(1). This crime is a wobbler, and its maximum penalties depend on the particular circumstances of each case.
If convicted of misdemeanor assault with a firearm, you could face up to one year in jail with a maximum penalty of $1,000. However, felony assault with a gun has more severe consequences. The maximum punishment for this crime is four years of incarceration in state prison and a maximum fine of $10,000.
Firing a gun in a residential area, an occupied motor vehicle, or an inhabited building is a violation of the California Penal Code 246. This crime is a grievous felony punishable by up to a maximum of seven years in state prison. Additionally, you could also incur a maximum of a $10,000 penalty fine.
The penalty you could face for any of the crimes mentioned above depends on your particular circumstances and whether they are charged as a misdemeanor or felony.
If you're convicted of misdemeanor gun crimes, here's what you can expect to face in terms of sentencing:
Additionally, you can also face other penalties like restrictions on owning a firearm, court-mandated counseling or therapy programs, and community service.
Felony charges are more severe and can have lifelong consequences. Some of the penalties you could face if convicted of a felony weapons charge include the following:
Other penalties you could incur with a felony weapons charge include parole, the requirement to register as an arsonist, and a lifetime ban on owning firearms. Being convicted of weapons charges can also lead to deportation if you're an immigrant.
Although California state law is stringent when it comes to gun crimes, it doesn't necessarily mean you can't fight it. Listed below are some of the most common defenses you can use to fight weapons charges in California:
One of the most utilized defenses against gun crime allegations is the Fourth Amendment of the U.S. Constitution. This amendment protects individuals against unlawful search and seizure without probable cause or a warrant.
If police officers conducted an illegal search and found a gun, then your charges can be dismissed because the evidence is inadmissible in court. Unlawful search and seizure don't only apply to residential homes, but it also includes vehicles, public spaces, institutions, and more.
Another defense you can use is arguing that the gun isn't your property or that you didn't know of its existence. One consistent element of every gun crime is that you legally or illegally own the gun found by the authorities.
If you can prove to the California criminal court that the gun is not yours, the court could dismiss your charges. However, it might take some time and resources to prove it in court.
The intention to commit the crime is one of the most critical elements in every criminal defense case. Without this, there's a good chance you could get your charges dropped.
Your charges may be lowered or dismissed if you can prove that the gun was discharged by accident and not due to criminal intent.
Proving this may pose a challenge as the intention is subjective and hard to prove. An experienced criminal defense attorney can help you acquire the necessary evidence and construct a legal strategy to help you fight your charges.
Another solid legal defense you can utilize is entrapment. Entrapment is when police officers or law enforcement personnel induce someone to commit a crime they do not intend to commit. If you can manifest evidence to disprove the claims in court, your case could be dismissed entirely.
Self-defense or protection of others is another common defense used in gun crime cases. This defense is based on the claim that individuals were acting in self-defense or to protect another individual, and the use of a firearm was necessary to prevent harm.
If you can prove beyond reasonable doubt that it was indeed an act of self-defense and not aggression, then the court could dismiss your case.
Gun crimes are one of California's most serious violations, and they often come with severe consequences. It's essential to consult with a qualified criminal defense attorney as soon as possible if you're facing gun crime charges.
Here's how criminal defense attorneys at Shah Criminal Lawyers can help you:
At Shah Criminal Lawyers, we understand the gravity of gun crime charges in California and will do everything we can to ensure your case is handled correctly and efficiently.
Are you facing charges of illegal gun possession? Are you accused of selling firearms without proper licensing? Have you mistakenly fired your gun, and your neighbor has reported it?
No matter your situation, our experienced Los Angeles gun crime lawyers can protect your rights and fight for the best possible outcome in court. Our criminal defense law firm houses some of the best minds in criminal defense law in California.
Contact us today at (909) 549-2280 to schedule a free consultation with one of our criminal defense attorneys. We look forward to helping you win your case!
