If you've been charged with being a felon in possession of a firearm, it's crucial to understand the serious legal consequences. In California, it is illegal for individuals convicted of certain felonies to possess firearms.
My Rights Law helps people facing felony charges related to firearms in Rancho Cucamonga. We are here to provide you with strong legal representation and work to protect your rights.
Our experienced California criminal defense attorneys will help you understand your legal options and build a solid defense to achieve the best possible outcome for your case.
In California, "felon in possession of a firearm" refers to the crime of a convicted felon owning or having access to a firearm. This charge applies to individuals who have previously been convicted of a felony offense and are prohibited by law from possessing firearms.
California Penal Code Section 29800 makes it illegal for anyone convicted of a felony to possess a firearm. This includes individuals convicted of violent crimes, certain drug offenses, and other serious crimes.
If a person who has been convicted of a felony is found to possess a firearm, they can face serious penalties under California law.
Under 18 U.S.C. § 922(g), federal law also prohibits felons from possessing firearms across the United States, including in Rancho Cucamonga. Federal penalties for this crime can be severe, with the possibility of up to 10 years in federal prison.
Federal laws are often stricter than state laws, and the penalties can differ depending on the nature of the crime and prior convictions.
The penalties for being a felon in possession of a firearm can vary based on whether the offense is prosecuted under state or federal law. In Rancho Cucamonga, criminal charges related to firearms can lead to lengthy prison sentences and significant fines. Below, we outline both state and federal penalties.
Under California Penal Code Section 29800, a person convicted of being a felon in possession of a firearm can face a prison sentence ranging from 16 months to 3 years. The individual may also be subject to fines and other probation conditions. If the person has a prior felony conviction, especially involving violent crimes, the penalties could be more severe.
Federal law imposes more severe penalties for felons in possession of firearms. Under 18 U.S.C. § 922(g), a conviction could result in up to 10 years in federal prison. If the felon has prior criminal convictions or used the firearm in the commission of another crime, the penalties may increase. Federal law is stricter, and the consequences of a conviction can significantly impact one's future.
Having prior felony convictions can lead to harsher penalties if charged with being a felon in possession of a firearm. California's "Three Strikes Law" or federal sentencing enhancements can increase prison time. A criminal defense attorney can examine your prior records to assess how they may affect the case.
There are several possible defenses that can be used to fight a felon in possession of a firearm charge. A criminal defense attorney can help explore all legal options to challenge the evidence or argue that the individual was not in possession of the firearm.
Some of the common defenses used in these cases include:
A common defense is that the defendant did not know the firearm was present or did not have control over it. This defense could be used if the firearm was found in a location where multiple people had access, and the defendant did not know it was there.
If law enforcement violated the defendant's rights during the search, such as conducting an illegal search and seizure without a warrant, the evidence obtained could be inadmissible in court. This defense can help suppress any evidence related to the firearm.
In certain cases, an individual may have had their gun rights restored through a Certificate of Rehabilitation or a Governor’s Pardon. If this applies, the defendant may no longer be prohibited from possessing a firearm.
If the defendant was wrongly accused of possessing a firearm or if the firearm was not theirs, this can be a strong defense. Mistaken identity or incorrect assumptions by law enforcement can sometimes lead to a wrongful arrest.
At My Rights Law, we have the experience and knowledge to help you fight charges of being a felon in possession of a firearm. Our attorneys will provide you with legal support at every step of the process, from investigation to trial.
We’ll work hard to ensure your case is handled effectively and that you receive the best possible outcome.
Our first step in defending you is to thoroughly investigate your case. We will review all the details of the incident, including police reports, witness statements, and any evidence gathered during the arrest.
We’ll also look into whether the firearm was legally obtained or if there were issues with how the evidence was collected. Our goal is to uncover all the facts and identify any potential weaknesses in the prosecution’s case.
If it is in your best interest, we will negotiate with the prosecution for a plea deal. A plea deal can help reduce the charges or penalties you face, such as serving time in a county jail instead of a state prison or having the chance to attend rehabilitation programs.
We will carefully weigh the benefits and risks of any plea offer and ensure that your rights are protected throughout the process.
If your case goes to trial, we will challenge the evidence presented by the prosecution. This could include questioning the legality of the search that led to the discovery of the firearm or pointing out any inconsistencies in the evidence. Our defense will be aimed at showing that the prosecution cannot prove beyond a reasonable doubt that you were a felon in possession of a firearm.
If the case goes to trial, our experienced attorneys will represent you in court with confidence. We will present your defense, cross-examine witnesses, and work to discredit the prosecution’s case.
Our goal is to provide a strong and compelling argument that can lead to a favorable verdict, whether that’s a dismissal, reduction of charges, or an acquittal. We will fight for you at every stage of the trial.
Assault with a deadly weapon in San Bernardino County can lead to serious consequences. Depending on the severity, penalties can range from probation to up to 4 years in prison. If the weapon is a firearm, the sentence may be even more severe.
Brandishing a weapon involves displaying or using a weapon in a threatening manner, even if no one is injured. In California, this charge can lead to penalties such as jail time or fines. If you are charged with brandishing a weapon, it’s important to consult with a criminal defense lawyer to assess your case and explore possible defenses.
If a person is convicted of domestic violence, they may lose their right to own or possess firearms. Under California law, those convicted of domestic violence crimes may face additional charges if found carrying a firearm, even if it’s for personal use.
Carrying a loaded firearm is a more serious offense under California law than carrying an unloaded firearm. If caught with a loaded firearm in public or in a vehicle, it can result in a felony charge with significant penalties, including up to 3 years in prison.
Yes, having a felony warrant can complicate your defense in a weapons charge case. If there is an outstanding warrant for your arrest, it may lead to additional charges or penalties, especially if you were found in possession of a firearm during the arrest.
If you’re facing weapons charges or other criminal charges in Rancho Cucamonga, it’s crucial to have an experienced criminal defense lawyer by your side. My Rights Law specializes in defending individuals against serious charges, including possession of a concealed weapon and felony weapons charges. Our law firm offers a free consultation to discuss your case and explore your legal options.
Our criminal defense lawyers are dedicated to providing a strong legal strategy tailored to the specifics of your case. Whether you’re dealing with charges related to carrying a loaded firearm, a concealed weapon, or assault with a deadly weapon, we will guide you through the complexities of the criminal cases process.
Contact us today to schedule your free consultation, and let us help protect your rights and future. We are committed to fighting for the best possible outcome in your case.
This page was written by the My Rights Law Editorial Team and reviewed for legal accuracy by Bobby Shamuilian.
Attorney Shamuilian is the founder and managing partner of My Rights Law and is widely recognized as a legal authority, frequently appearing as a legal analyst and TV pundit on national news outlets.
He has earned a perfect “10.0 – Top Attorney” rating on AVVO and a “10.0” rating on Justia, and has been named among the “Top 40 Under 40” and the “Top 100 Trial Lawyers” by The National Trial Lawyers.
With his proven expertise and dedication, Mr. Shamuilian is committed to protecting your rights and achieving the best possible outcome for your case.
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