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California Felon In Possession Of A Firearm Attorney – Penal Code 29800(a)(1) PC

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If the state brings criminal charges against you, you need to speak with experienced criminal defense lawyers immediately. Criminal charges are serious and come with severe consequences. If convicted, you may find yourself suffering the aftermath of having a criminal record long after you’ve paid your debt to society. Unfortunately, jurors convict innocent people every day. Don’t let that be you. Hire an award-winning gun charges lawyer from My Rights Law and protect your freedom. Call us at (888) 702-8882 or contact us through our secure web form to take advantage of your free consultation today.

Imagine this. You’re a felon who’s reintegrated yourself into society. You’re a productive citizen, and you’ve made the necessary changes to your life. Then, one day, an old friend asks you to help him out. He needs a ride to a convenient local store. You take him, and after you drop him off at his house, you notice that he left a sealed bag in your car. Days later, the police arrive at your door saying that they’ve received an anonymous tip. They search your vehicle and find a firearm inside the bag your friend left behind. Before you know it, you’re in handcuffs and accused of criminal possession of a firearm. If this has happened to you, continue reading to learn more about California’s laws on this crime.

What Is PC 29800(a)(1) Felon In Possession Of A Firearm?

Felon In Possession Of A Firearm occurs when a felon or narcotics addict owns, purchases, takes control of, or possesses a gun[1]. Although this is a California crime, a previous felony conviction needn’t have occurred in the Golden State. A felony conviction from any state or country prohibits you from carrying a gun. If you are found with a gun, you are at risk of being guilty of criminal possession of a firearm.

If a jury of your peers has found you guilty of a felony, you are considered a “felon.” Suppose you have a few misdemeanors and only one felony. It is still against the law to possess a firearm in this case. As long as you have a single felony conviction, you cannot hold a gun unless you get the felony conviction expunged.

What Does It Mean To “Possess” A Firearm?

There are two ways to possess a firearm:

  • Actual Possession[2]
  • Constructive Possession[3]

Actual possession occurs when you have the gun on your person, such as under your clothes, hand, or backpack[4]. Constructive possession occurs when you have access to the firearm. An example includes having the gun in a lockbox.[5] Bear in mind that the firearm doesn’t need to work for the police to arrest you for this crime. As long as the gun was designed to shoot and appears capable of shooting, police may arrest you.

Is PC 29800(a)(1) A Misdemeanor Or Felony?

Criminal possession of a firearm is a felony offense. You can be charged under these circumstances:

  • If you have two or more prior felony convictions and own, possess, receive, or take custody and control of a gun, the state can charge you with another felony.
  • However, if you know you have an outstanding warrant for a felony-level offense, it’s still a felony to own, possess, receive, or take custody and control of a gun.
  • If you were convicted of a felony in juvenile court and it resulted in adult prosecution, you may not own, possess, receive, or take custody and control of a gun.

What Are The Penalties For A PC 29800 Felon In Possession Of A Firearm Conviction?

If you are found guilty of criminal possession of a firearm, a judge may sentence you up to three years in county jail and a $10,000 fine[6]. However, the judge has the discretion to sentence you to felony probation instead of jail. Other penalties include, loss of employment, loss of voting rights, housing restrictions, societal isolation, and difficulty in securing new work.

What Are My Defenses?

Many defenses exist that may apply to your case. Proving that you’re a changed person can be an uphill battle unless you have a knowledgeable criminal defense attorney on your side. Common defenses to criminal possession of a felony include:

Possible defenses include, but are not limited to:

  • Entrapment
  • Necessity
  • Momentary Possession
  • Fourth Amendment Violation
  • Lack of Knowledge
  • Lack of Evidence

Do I Need A Criminal Defense Lawyer For A PC 2900(a)(1) Felon In Possession Of A Firearm Charge?

After reading this article, you may think you have a good grasp of the law so that you don’t need a criminal defense attorney. You may even believe that the prosecutor’s evidence is so weak that there’s no way your case will go to trial. However, the last thing you want to do is jump the gun. Prosecutors are seasoned lawyers. They have to conduct a thorough investigation that points to your guilt. Unless a knowledgeable criminal possession of a firearm attorney is at your side, it will be more difficult to be acquitted of the charges against you.

Avoiding a conviction is not the only reason to hire an expert criminal defense lawyer in California. Hiring a California criminal defense lawyer:

  • Saves you time
  • Gives you confidence
  • Ensures the playing field is even, and
  • Trust that someone else can file legal documents promptly.

The Second Amendment guarantees the right to bear arms, but there are limitations to this right that you need to be aware of. Unlawful possession of firearms, concealed firearm offenses, assault weapons offenses, and many other illegal possession charges are taken very seriously under California law and across the United States. You do not want to face criminal charges for illegal gun possession. If you have been accused of any gun crime in the state (e.g., unlawful use, possession, or transfer of a deadly weapon), contact an experienced criminal defense attorney at My Rights Law.

Why Choose My Rights Law?

It’s not enough to hire a defense attorney once the state charges you with a crime. You must hire the right attorney from the right law firm. How do you know when a law firm is right for you? Consider these questions before making your decision.

Case Results

A good law firm isn’t shy about sharing its case results. Therefore, we make it easy for you. You may browse our proven case results here. As you peruse these results, keep in mind that each case has different facts, and each client has different goals. Thus, a favorable outcome can occur in a variety of ways. For example, getting your charge reduced to avoid jail time may be the best outcome. Serving probation or getting a mental health diversion are also considered wins in our clients’ books. Of course, our proudest wins are dismissals and not guilty verdicts.

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Call My Rights Law California Criminal Defense Attorneys Today

If police are accusing you of violating gun laws, My Rights Law is here to help. Criminal law is what we do, and we know how to advocate for our clients. You can trust our award-winning firm with our years of experience and successful case results. We promise to defend all of our clients aggressively, diligently, and strategically. We are not intimidated by determined prosecutors, nor do we shrink in fear when the odds don’t seem to be in our favor. Call us at (888) 702-8882 or contact us by filling out our secure web form to take advantage of your free consultation today.

Other gun charges crimes we defend include: Unlicensed Sale Of Firearms

FOOTNOTES
[1] California Penal Code 29800 PC
[2] CALCRIM No. 2510
[3] CALCRIM No. 2510
[4] CALCRIM No. 2510
[5] CALCRIM No. 2510
[6] California Penal Code 29800(a)(1) PC

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