Your knowledge of the gun's presence is vital when prosecuting the crime of felon in firearm possession. If you are convicted of violating these gun laws, you risk facing a jail or prison sentence. Robbery is charged in California under Penal Code Section 211 PC and is a felony. Additionally, crimes involving guns are punished more harshly than those not involving guns. Should a defendant use a gun during the commission of one of the nineteen enumerated felonies they will face an enhancement of 10 years in addition to the penalty imposed on the underlying offense itself. The police must follow strict rules in these cases, however, and any evidence they find upon breaking these rules can be thrown out of court. An experienced California criminal defense attorney will be able to advise you when and where you can own and carry a firearm. The possession of a generally prohibited weapon is a wobbler offense. Prosecutors may make this decision in part based on the type of gun involved, the number of weapons involved, or other factors. Los Angeles Gun Crime Lawyers.
You are a resident of the county or spend most of your time at work in the county, or city within the county. The following people are prohibited from acquiring or possessing a gun in California, and if found in position of a gun, can face prosecution: - Any individual convicted of a felony offense. For felony offenses, you get a state prison term of sixteen (16) months, two (2), or three (3) years. When a minor is found with a weapon, he or she may also face gang-related charges if there is some indication of gang affiliation. These devices are only as secure as the precautions taken to protect the key or combination, however. In certain circumstances, Mr. Kraut is able to intervene before charges have been filed in order to present a defense to the detective or filing prosecutor and avoid criminal filing altogether. Criminal charges involving firearms are punished more harshly, as Los Angeles weapons charges related to a firearm often carry mandatory jail sentences, or worse, long state prison sentences. Additionally, a person may keep a concealed weapon at his or her home, business, or on other private property.
5 (domestic violence) misdemeanor. California restricts firearm purchase to only one (1) firearm in thirty (30) days. However, most gun crimes are related to the ownership and unlawful use of firearms. Former Senior LA Prosecutor.
What a Firearms Defense Attorney Can Do? You are a peace officer or detective. Three main groups of individuals are subject to prosecution under Penal Code 2800(a)(1). If you face firearm-related charges, it is best to contact an experienced Orange County gun lawyer right away. A certificate of eligibility from the Department of Justice. Carrying a concealed firearm can be punished by a misdemeanor or felony and are prosecuted severely by law enforcement and the district attorney's office. Under PC 25400, carrying a concealed gun on your person or vehicle is a crime.
Using a gun to injure or kill another person attracts serious felony charges. 53 PC, if you are convicted of a felony crime while using a gun, you can face an additional 10 years in prison. Any charge that involves a violent crime or drug trafficking carries a maximum sentence of life in prison. The penalties for a federal gun conviction will depend on the offense, your prior criminal history (if any), and the case details. Sentencing and Penalties for Gun related Offenses. I highly recommend him to anyone with legal needs! Orange County Assault Rifle Defense. When Related to a Federal Investigation.
Without the proper legal representation by your side, firearms charges can result in imprisonment and the loss of the right to carry, along with the additional personal and professional privileges most currently enjoy. While drug crime is a complicated topic, a knowledgeable West Hollywood criminal defense lawyer can help you understand the charges you may be facing. Violation of PC 30315 is punishable as either a misdemeanor or felony by a county jail term of up to one (1) year or sixteen (16) months, two (2), or three (3) years respectively. This crime is very serious and is considered a "strike" under the California "Three Strikes" Law.
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