Weapon Charges Lawyer
The criminal defense lawyers of My Rights Law Group – Criminal & DUI Attorneys have extensive experience defending clients against weapon and firearm charges throughout Southern California. Our team is committed to providing exceptional legal services, protecting our clients’ rights, and fighting tooth and nail to secure the best possible outcome to each and every one of our cases.
Charged with violating a weapon statute in California? If so, if it critical that you consult with a local weapon and firearm attorney ASAP. Call My Rights Law Group – Criminal & DUI Attorneys today at (888) 702-8882 for a FREE case evaluation.
Should I Hire an Attorney to Represent Me?
Weapon and firearm crimes are violations of criminal statutes designed to control the possession and use of deadly weapons (i.e. firearms (plus their ammunition and silencers), certain knives, explosives, etc.). The Federal Government, each state, and even some localities place restrictions on deadly weapons. These restrictions are generally aimed at controlling the manufacturing, importing/exporting, sale, trafficking, possession, and use of certain deadly weapons. Being charged under one of these statutes is serious business and should not be taken lightly. A conviction may land you in jail for a considerable period of time and/or carry thousands of dollars in fines!
Weapon and firearm laws can be very confusing, not to mention that the terminology used is complex, and that certain weapons are legal in their original form but become illegal when certain modifications are made to them. Due to the complex nature of these laws, having a seasoned weapon and firearm attorney in your corner can be invaluable. When you hire My Rights Law Group to represent you, an attorney who is intimately knowledgeable about California’s weapon and firearm crimes will be assigned to your case and will immediately start building your defense.
This process will start with a sit-down meeting during which your attorney will discuss the details of your charge, consider the circumstances surrounding your arrest in light of the law, and answer any questions that you may have. Next, your attorney will start gathering evidence in support of your defense. They will then evaluate the totality of the circumstances and decide upon the most beneficial approach to arguing your case.
Defending Against a Weapons Charge in California
A weapons charge in California can be brought against an individual under a number of different laws. Each of these laws contain specific elements which the prosecution must prove in order to secure a conviction. An experience weapon and firearm attorney can defend their client in a number of different ways depending on which elements the prosecution is trying to prove, what evidence has been presented, and the circumstances surrounding the alleged offense.
Therefore, each weapons charge defense that the criminal defense lawyers of My Rights Law Group mounts is unique. When you hire our firm you will get a tailor-made defense specifically crafted to suit your individual needs and situation. However, to give you an idea of the types of defenses that are often asserted in California weapon and firearm cases consider the following commonly asserted defenses:
- The defendant lacked the requisite intent or knowledge needed to be convicted,
- The evidence presented by the prosecution was illegally obtained,
- The defendant has been misidentified and was not in fact involved,
- The evidence presented by the prosecution is subject to another interpretation, and/or
- One of the exceptions to California’s weapons laws applies to the defendant.
Furthermore, there are even arguments that can be made in defense of a convicted defendant in order to help secure a reduced sentence for him/her. For example, an attorney may be able to argue that their client:
- Wasn’t aware that they were breaking the law,
- Has never been convicted of a weapons offense in the past, and/or
- Is of good moral character and is an upstanding citizen.
Types of Weapon and Firearm Charges in CA
Generally Prohibited Weapons
Here in California we have a list of generally prohibited weapons contained in section 16590 of the CA Penal Code. In almost all instances it is illegal to possess, sell, or manufacture these listed weapons. The generally prohibited weapons list is fairly extensive and includes, but is not limited to, the following:
- Zip guns,
- Metal knuckles,
- Concealed daggers,
- Undetectable firearms,
- Lipstick case knives,
- Cane swords,
- Unconventional pistols,
- Bullets containing explosive agents, and
- Air gauge knives.
Illegally possessing, selling, or manufacturing a generally prohibited weapon in California can be charged as either a misdemeanor or as a felony offense. If convicted of the misdemeanor offense you may be sentenced to spend up to one year in jail and/or ordered to pay a fine of up to $1,000. On the other hand, a felony conviction can carry a 16 month, two-, or three-year prison sentence and/or a fine of up to $10,000.
California's main firearm crimes focus mostly on prohibiting the possession, brandishing, and shooting of firearms under certain circumstances. For example, consider the following examples of some firearm crimes that are currently on the books in California:
Possessing a Firearm:
- Possession of an assault weapon or .50 BMG rifle (section 30605)
- Felon in possession of a firearm (section 29800)
- Possession of a firearm by a person prohibited due to misdemeanor conviction (section 29800)
- Prohibited narcotic drug addict in possession of a firearm (section 29800)
Brandishing a Firearm:
- Brandishing a firearm in the presence of the occupant of a motor vehicle (section 417)
- Brandishing a firearm in order to resist arrest (section 417)
- Brandishing a firearm in the presence of a police officer (section 417)
- Brandishing an imitation firearm (section 417)
Shooting a Firearm:
- Shooting at an inhabited house or occupied vehicle (section 246)
- Shooting at an uninhabited house or unoccupied vehicle (section 247)
- Shooting at an unoccupied aircraft (section 247)
- Drive-by shootings from a motor vehicle (section 26100)
- Negligent discharge of a firearm (section 246.3)
Contact a Local Weapon and Firearm Attorney Today
If you’ve recently been charged with a weapon or firearm crime in California the top notch criminal defense attorneys of My Rights Law Group would be happy to help you. With offices throughout Southern California our firm is prepared to aggressively pursue the best possible resolution to your case. To find out exactly what My Rights Law Group – Criminal & DUI Attorneys can do for you during a FREE case evaluation simply fill out our online contact form or call us at (888) 702-8882.
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