Gun-related crimes and weapon charges are taken extremely seriously in Orange County, and California’s strict weapons laws mean that even a minor misstep can lead to severe consequences. Whether you’re facing charges for unlawful possession, brandishing a firearm, or using a weapon in connection with another crime, your freedom, reputation, and future are at risk.
At Simmons & Wagner, our firm is led by Former Orange County District Attorneys who have prosecuted these exact cases—and now use that insider knowledge to defend individuals facing the full weight of the criminal justice system. If you’re looking for experienced, aggressive legal representation for weapon charges in Orange County, you’ve come to the right place.
Understanding Weapon Charges in California
Weapon charges refer to a broad range of criminal offenses involving the possession, use, sale, or modification of firearms and other dangerous weapons. Under California Penal Code, these offenses are complex and often enhanced depending on the surrounding circumstances—such as prior convictions, location, or alleged intent.
Common Types of Weapon Charges in Orange County
Below are the most frequently charged weapon-related crimes in the region:
1. Unlawful Possession of a Firearm
- Convicted felons, individuals under restraining orders, or those with certain mental health issues are prohibited from owning or possessing firearms under PC § 29800.
- Even carrying a legally purchased gun without the proper license can result in criminal charges.
2. Carrying a Concealed Weapon
- It’s illegal to carry a concealed firearm without a valid CCW (carry concealed weapon) permit under PC § 25400.
- Applies even if the weapon is in your glove compartment or backpack.
3. Assault with a Deadly Weapon (ADW)
- Charged under PC § 245, this crime involves using any object that could cause great bodily harm—including guns, knives, blunt objects, or even vehicles.
4. Brandishing a Weapon
- Displaying a weapon in a threatening or aggressive manner can be prosecuted under PC § 417, even if no physical harm occurred.
5. Possession of an Illegal Weapon
- Weapons such as switchblades, brass knuckles, and short-barreled rifles are outright banned in California and can lead to serious felony charges.
6. Enhancements for Use of a Firearm in a Crime
- Using a gun during the commission of another crime—like robbery, burglary, or assault—can trigger firearm enhancement penalties under PC § 12022.5, which adds years or decades to a sentence.
Penalties for Weapon Charges
Punishments for weapon charges vary based on the severity of the offense, criminal history, and whether the weapon was used in connection with a violent act. Common penalties include:
- Jail or prison time (up to 25 years to life with enhancements)
- Hefty fines
- Loss of gun ownership rights
- Probation or parole
- Permanent criminal record
In some cases, a conviction may lead to mandatory sentencing enhancements—even if it’s your first offense.
How Simmons & Wagner Defend Weapon Charges in Orange County
Weapon charges are often layered, technical, and highly prosecutorial—but they are also defensible with the right strategy.
Here’s how we approach your case:
1. We Challenge the Search and Seizure
Many weapon cases stem from illegal traffic stops, home searches, or detentions. If law enforcement violated your Fourth Amendment rights, we’ll push to have the evidence excluded—and potentially get the case dismissed.
2. We Analyze Intent and Circumstance
Was the weapon actually concealed? Were you lawfully transporting it? Did the object qualify as a weapon under California law? Many times, prosecutors overcharge or rely on weak assumptions—we make sure those assumptions don’t hold up in court.
3. We Use Our Experience as Former Prosecutors
As former DAs in Orange County, we know how these cases are built and where they’re weak. Our firm uses that insight to pressure the prosecution, negotiate favorable plea deals, or secure acquittals at trial.
4. We Tailor a Defense Around You
Every case is unique—and so is every client. Whether you’re a first-time offender, a licensed gun owner caught in a technicality, or someone facing enhancements for use during another alleged crime, we create a defense plan that reflects your circumstances, goals, and best outcome.
Don’t Wait—Weapon Charges Move Fast in Orange County
Weapon charges can escalate quickly—and the earlier you get legal help, the better your chances of avoiding prison, fines, and a lifelong criminal record. At Simmons & Wagner, we’re ready to defend your rights, freedom, and future with the same tenacity we once used to prosecute these crimes.
Contact us today for a confidential consultation.
You deserve a defense team that knows the law inside and out—and won’t back down when it matters most.