SAN DIEGO WEAPONS CHARGES LAWYER
Defense for Gun Charges in California
California has some of the toughest weapons laws in the nation. While we all have the right to own and carry weapons (including firearms) under the Second Amendment, there are many federal, state, and local laws that dictate what, how, and where we can keep and carry weapons. Accidentally having a pocketknife at a fairground could lead to losing that knife, but it will not typically constitute a weapons charge. Carrying a weapon into an airport, however, could.
To avoid being caught up in an unnecessary weapons charge, review all applicable laws where you will be carrying your weapon, and reach out to a San Diego weapons charges attorney or law enforcement for more information about legal carrying.
What are Common Weapons Charges in California?
In the state of California, it is illegal to:
- Own a deadly weapon if you are a felon
- Sell firearms without a license
- Carry a concealed firearm without proper authority or permit
- Shoot or use a deadly weapon in a populated building
- Possess an assault weapon
- Assault someone with a deadly weapon
- Own a gun without carrying a permit
- Carry a deadly weapon on school property
- Show a deadly weapon in a threatening manner
- Carry a firearm in a vehicle without proper storage (i.e. unloaded and placed in a locked container)
- Improperly or negligently store a weapon a child can access in the home
- Purchase parts or kits to turn a weapon into an assault-weapon
Penalties in a Weapons Charge Case in CA
Depending on the weapons violation, individuals may face a misdemeanor or felony charge. Offenses that occur in certain areas like airports, schools, or on federal property may enhance the gravity of the charge accordingly. Deadly weapons include anything that can be used to inflict mortal wounds. A pocket knife, your car, a gun, knitting needle, and a machete could all be considered deadly weapons.
However, some weapons (such as firearms and knives) could carry more significant penalties. Aspects that may affect the seriousness of a charge include the type of weapon, the manner in which it was used, if it was concealed, and if the defendant has a criminal history.
If you are convicted of a weapons charge, you could face the following:
- steep fines
- lose privileges to own a firearm in the future
If the prosecution can prove you intended to use the weapon to commit a felony, you may face more stringent penalties.
Developing a Defense for Weapons Offenses
In many weapons charges, your defense attorney may recommend an affirmative defense. Using this strategy, the defense may argue that the defendant did, in fact, commit a weapons violation, but did so because of extenuating circumstances. For instance, if you were assaulted, retrieved your attacker’s weapon, and talked to law enforcement as soon as possible, you may not face criminal charges. Any reasonable account that explains why you committed a weapons violation may persuade the prosecution to drop the charges against you.
Other common defenses include lack of knowledge of the weapon you were carrying, accidental firing, or illegal search and seizure. If you are being investigated for or have been charged with a weapons offense, you may want to seek legal counsel immediately. Weapons charges often occur in tandem with other charges, and you may face more serious legal consequences than you think.
At The Law Office of George Gedulin, our San Diego weapons charges lawyers know the court systems and key prosecutors. From the moment a client calls us for help, we start working on a case. Attorney Gedulin personally oversees every case our firm takes on, and we only handle a limited number of cases so we can focus on serving our clients with the highest quality legal counsel.
For more information about our approach to weapons charges, reach out to our San Diego weapons charges lawyers today. Call (858) 281-4605.
Successful Defense Cases
16 Counts, Unlawful Sexual Intercourse with a Minor Sentence Reduced, All Other Charges Dropped
Client charged with multiple sexual assault offenses, facing 16 years in prison. Convicted of One Count of Sex with a Minor, 2 years Jail, All other charges dismissed.
24 Count, Insurance Fraud Conspiracy, Grand Theft in excess of $250,000 Reduced Sentence, Other Charges Dropped
Client charged as head of conspiracy to present false claims to insurance companies, losses over $250,000. Client facing 22 years in State Prison. Convicted of two counts of insurance fraud, sentenced to 2 years in jail, remaining charges dismissed.
Assault with semi-automatic Firearm, Criminal Threat, Domestic Violence Dismissed Charges
Charges exposed client to 8 years in State Prison and two serious strike felonies. Court dismisses all gun related charges at preliminary hearing, client pleads to domestic violence charge only, no custody.
Felony Domestic Violence Arrest All criminal charges dismissed
After arrest, defense investigation reveals that spouse was aggressor and caused harm to client, all criminal charges dismissed.
Felony Gun Possession, Felony Child Abuse Charges Dismissed
Client charged with felony gun possession and endangering life of a child being in illegal possession of loaded weapons in the home. Potential 6 year Prison sentence. Child endangerment charges dismissed, NO Custody.
Possession of 5KG of Methamphetamine while Armed with Loaded Gun Probation and Other Charges Dismissed.
Client facing 4 counts of possessing large quantity of Methamphetamine for sale and a loaded gun with no serial number. District Attorney offer of 6 years in State Prison. Ultimate resolution was a plea to gun possession only, probation and credit for time served with no additional jail time. All other charges dismissed.
Restraining Order, Accusations of Sexual Assault Case Dismissed
Defense Victory at trial for restraining order, Judge dismissed complaint against client, finding victims allegations and testimony not-credible.
Shoplifting from Naval Commissary Case Dismissed
Case Dismissed, record sealed in Federal Court
Welfare Fraud No Custody, Case Dismissed Following Probation
6 Counts of Fraud by Misrepresentation and Perjury. Possible 4 year prison sentence maximum. Defense negotiated with prosecution for Diversion Program.
Marijuana Possession for Sale/Transportation Plea to Simple Possession, Probation and Fines,
½ pound of Marijuana, $5,000, baggies, scales and Marijuana storage paraphernalia, potential 4 years in jail, Defense argued insufficient evidence to prove sales of Marijuana or Drug Trafficking and filed motion to return all seized property.