In California many people can legally own or possess guns. But even those who lawfully own guns are subject to numerous restrictions. California’s gun laws are loaded with nuances and exceptions. We know when… and where… it is legal to own and carry a gun. If you or someone you know is charged with a gun-related crime in California, we can help. Weapons charges are a serious offense in the State of California, as the majority of weapons charges are felonies. The determination of whether a weapons charge is considered a felony or misdemeanor depends on the kind of weapon the defendant is in possession of upon arrest, intent with the weapon, and prior criminal offenses. Call to discuss potential defenses and options if you have been arrested for a Weapons Offense in California.
WEAPONS CHARGES IN CALIFORNIA
Carrying a Concealed Weapon (Penal Code § 25400); Carrying a Loaded Firearm in Public (Penal Code § 25850); Brandishing a Weapon (Penal Code § 417); Inflicting Bodily injury While Brandishing (Penal Code § 417.6); Assault with a Firearm (Penal Code § 245(a)(2)); Generally Prohibited Weapons (Penal Code § 16590); Improper handling of a Firearm in a Motor Vehicle (Penal Code §§ 16850, 25400, 25610, 30945); Possession of a Weapon by a Convicted Felon (Penal Code § 29800); Firing or shooting into an Occupied Building (Penal Code § 246); Firing or shooting into an Uninhabited Dwelling or Vehicle (Penal Code § 247); Selling a firearm (Penal Code § ); Possession of an assault weapon (Penal Code § 30600); Grossly Negligent Discharge of Firearm or BB Gun (Penal Code § 246.3); Point Laser at Aircraft (Penal Code § 247.5); Sentencing Enhancements & 10-20-Life Law (Penal Code §§ 12022, 12022.5, 12022.53); Firearm Possession During Sex Crime (Penal Code § 12022.3); Aiding or Abetting Felony with Firearm (Penal Code § 12022.4)
It is important to note that the definition of a weapon is wide ranging. For example, an individual can be charged for improper use of knives or carrying brass knuckles.
PENALTIES FOR WEAPONS CHARGES IN CALIFORNIA
Misdemeanor Charges – Misdemeanor weapons charges can carry a penalty of a up to one year in jail. A fine of up to $1,000 can also be served with or instead of jail time for a weapons charge guilty finding.
Felony Charges – Felony weapons charges often result in a penalty of prison time. An individual could receive the penalty of jail time from one year up to 20 years in the state of California. The type of offense, prior criminal record and circumstances surround the arrest are factored into the length of time an individual is required to serve time.
A guilty finding for a weapons charge can impact an individual for the rest of their life when going for employment or a place of residence. There are also many viable defenses for a weapons charge we take into consideration for you as a client, including but not limited to:
- Improper search and seizure of weapons;
- Weapon usage in self-defense circumstances;
- Accidental firing of a weapon; and
- Non-ownership of a weapon in possession.
US DEPARTMENT OF JUSTICE – WEAPONS OFFENSES AND OFFENDERS
We at Nicholson Law Offices offer the experience you need and the attention that you deserve. We strive to protect your best interests throughout the entire criminal process – from the initial filing of charges through sentencing. Our experience criminal defense attorneys in California will provide you with a strong defense, regardless of the charge.