There are numerous crimes that are considered weapon offenses that are aggressively prosecuted in California. In general, a weapons offense is a felony under California law, but possession can be charged as a misdemeanor in some cases.
Some examples of weapons charges in California include: illegal possession of a weapon, committing a crime using a gun, having a concealed firearm, unlawfully discharging a firearm, brandishing a gun, carrying a concealed and loaded firearm in a vehicle, unlawful sale of a firearm, felon in possession of a firearm and possessing an assault weapon .
Each particular offense and situation must be handled on an individual basis to address the circumstances unique to the charge. The penalties will vary depending on some of the following:
A judge can choose from three prison terms when giving a sentence for a felony weapons offense; “lower, middle or upper term”. As an example, for an assault with a firearm, (PC 245(a)(2)), the lower term is two years in prison, middle term is three years and upper term is four years. If there is no prior criminal record, the sentence would likely be two years in prison.
An example of a misdemeanor weapons offense is brandishing a firearm (PC 417(a)(2)(B)), in which the minimum allowable sentence is 90 days in county jail and maximum allowable sentence is 180 days in county jail if there are no prior convictions.
The possession or use of, or intent to use a weapon during the commission of a crime, including robbery, drug offenses, assault, battery, and other offenses can significantly stiffen potential penalties. In many cases, mitigating circumstances exist which may reduce, or even negate criminal culpability in weapons cases. To successfully defend a client in a weapons or gun offenses, your attorney must have a thorough understanding both California and Federal law and legal systems. Criminal Defense Attorney has extensive knowledge and experience in state and federal legal systems.
If you have been arrested for a crime and face potential weapons charges, do not delay in contacting weapon offense defense attorney, Dan Koukol.
Protect your rights and receive the highest quality criminal defense service conceivable. Call today for your free consultation.