The Right Attorney Can Defend You Against Weapon and Gun Charges
California has some of the most stringent gun laws in the country. As a result, any charge related to weapons or guns can be a serious offense in the eyes of the law. If you find yourself facing allegations or charges of any type of weapon or gun charge, it is important to contact an experienced attorney. You have found that in Simmons Wagner, LLP. Reach out now at (949) 439-5857 to request a consultation.
We Can Help with Any Type of Weapons Charges
The list of potential weapons charges a person can face is long and includes:
- Aggravated assault with a deadly weapon,
- Improperly handling a firearm in a vehicle
- Assault with a weapon
- Illegally discharging a firearm
- Brandishing a firearm
- Carrying a concealed handgun
- Carrying a loaded handgun
- Using firearms in a restricted area
- Dealing in assault weapons without the required license
- Manufacturing or possession of destructive devices
- Illegally selling a firearm
- Transferring large-capacity magazines
In some cases, you can be arrested and charged for simply possessing certain weapons or any weapon in specific circumstances. Examples include possession of:
- Grenade launders
- Grenades
- Multi-burst trigger activators
- Unregistered firearms or other weapons
- Prohibited weapons such as switchblades and brass knuckles
- Silencers
- Shotguns
- Short-barreled rifles
The following parties cannot legally possess a firearm:
- Convicted felons
- Persons addicted to narcotics
- People under the age of 18 (with the exception of BB guns but only with the parent’s consent)
- A person who has been convicted two or more times of brandishing a weapon
- A person convicted of certain misdemeanors including
- Corporal injury to a spouse
- Domestic violence
- Persons with mental illness
There are also certain places that a person cannot legally possess a gun, including:
- Schools
- Public transit
- Government buildings
- The Governor’s mansion
- Public buildings and meetings that are open to the public
- Airports
Gun and Weapons Charges Can Be Felonies or Misdemeanors
Depending on the specifics of your case, along with your criminal background, you could be charged with a felony or a misdemeanor. If charged with a misdemeanor, you could face:
- Up to one year in county jail
- Fines of up to $1,000
Felony charges can result in:
- One to twenty years in state prison
Gun Enhancements Can Be Added to Other Charges
Using a gun or other prohibited weapon during the commission of another crime could lead to sentencing enhancement. In fact, before 2019, there were mandatory sentencing guidelines that required certain enhancements:
- Ten additional years in prison for gun possession during the commission of a felony
- Twenty additional years in prison for firing a gun during the commission of a felony
- At least twenty-five additional years in prison for using a gun that caused injury or death during the commission of a felony
As of January 2019, these enhancements are no longer requirements. However, it is now at the judge’s discretion to add firearm enhancements or not.
Work with an Experienced Criminal Defense Attorney
If you are facing any type of weapons charges, you need an experienced attorney. You need an attorney who has the experience, resources, and passion to help you. The next step is to contact Simmons Wagner, LLP at (949) 439-5857 to request a consultation.