Criminal Defense Attorneys Defending Individuals Accused of Firearm Offenses
Despite the fact that California has some of the most extensive gun laws in the United States, many Los Angeles County citizens are allowed to legally possess a firearm. A conviction for a a violent crime weapons offense can have far-reaching consequences, resulting in serious loss of freedoms. There are many types of charges you could face that include the use of a weapon, these include:
- Illegally selling a firearm
- Assault weapon possession
- Drive-By shooting
- Brandishing a weapon
- Shooting an object into or firing into an occupied building
- Possession of a firearm by a convicted felon
- Assault with a deadly weapon
- Handling a firearm in an improper manner in a motor vehicle
- Carrying a concealed weapon without a permit
- Possession of a Switchblade Knife
- Assault Weapons Laws in California
- Carrying a Loaded Firearm in Public
- Possession of an Assault Weapon
You could be charged with a felony or a misdemeanor for your weapons charges in Los Angeles County, depending on the type of firearm involved, your intent, and whether you have a prior criminal history.
There are also any number of sentencing enhancements which could apply. See related information: California's 10-20-Life Gun Sentencing Enhancement. If you have been accused of any type of firearms case, consult with a Los Angeles weapons charges attorney at our law firm to throughly review the details of your case in order to determine an effective defense strategy. See realted: Gun Rights at Airport and Assault with a Firearm.
Legal Penalties for a Weapons Charges Conviction
If your weapons offense is charged as a misdemeanor in Los Angeles County, you could receive a sentence of up to one year in county jail, a fine of as much as $1,000, or both. If your weapons offense is charged as a felony case, you could receive a sentence of one to twenty years in a California state prison.
The determination of sentence length will depend on the activity, the type of weapons offense, and whether you have a prior criminal record, particularly a weapons conviction.
Sentencing Ehnhancements for Weapons Violations
Keep in mind, that sentence enhancements can add years to your sentence. California has a law which says “use a gun and you're done.”
Under this law, there is a list of nineteen serious felony offenses, including murder and sex crimes, which can add a significant number of years to your sentence. As an example, if you committed murder using a weapon, you could receive an additional 25 years to life in addition to your original sentence.
Because there are many nuances associated with LA County weapons charges, it is imperative you have an experienced Los Angeles criminal defense attorney from our law firm by your side from start to finish.
Legal Defenses against Weapons Charges
Because a conviction for a weapons charge in Los Angeles can potentially impact the rest of your life, any type of firearms charges must be taken very seriously.
A conviction for a weapons charge will be on your criminal record, visible for any potential employer to see. A criminal record could resurface in many unexpected, adverse ways throughout the remainder of your life. Background checks are now common for those wanting to rent a home, and you will likely be unable to secure a government student loan or a professional license with a weapons conviction on your record.
There are, however certain legal defenses which may be used by an experienced Los Angeles weapons charges lawyer for those charged with a a firearm violation. Of course, your defense will depend on the circumstances surrounding your charges, but some of the more typical defenses include:
- If you were defending another person, or yourself, and you had reason to believe you or another person were in imminent danger of being killed, or suffer serious bodily injury, you are allowed to defend yourself or others. This defense includes the use of deadly force, which would likely include a weapon.
- You accidentally fired the weapon with no criminal intent. You were not negligent, and were not engaged in any type of unlawful activity when the firearm accidently discharged.
- You were unaware of the weapon's existence on your person or in your vehicle. This could realistically happen if you borrowed a jacket from a friend and did not realize there was a weapon in the pocket, or if a friend borrowed your vehicle, leaving a vehicle behind without telling you. In other words, you did not own the weapon.
- The evidence being used against you was illegally obtained. If there was an illegal search and seizure involved, whether of your person, your vehicle or your home, then the evidence gathered during that search may not be admissible in court.
- There is some type of entrapment or police misconduct involved which could result in the evidence against you being inadmissible.
- Finally, although it is rare and difficult to prove, if the prosecutor in your case attempted to influence the jury in an improper manner, such as influencing the jury to impose a harsher than warranted punishment, the charges could be dismissed or the conviction reversed.
Call a Los Angeles Weapons Charges Defense Attorney
The laws for weapons offenses in Los Angeles County are quite extensive. If you have been charged with a firearms offense you must speak to an experienced Los Angeles criminal defense lawyer at Eisner Gorin LLP as soon as possible.
Don't make any statements to police. Talk to us first. Our weapons charges lawyers know the best way to defend your charges, with a goal of the lightest sentence possible, or even a dismissal of the charges entirely.
Our Los Angeles criminal defense law firm has a history of success defending clients against any type of weapons charges. For example, In Los Angeles Superior Court, we earned a great victory for the Fourth Amendment after a Judge held that police officers had no legal justification to enter our client's car to search for the registration after the vehicle stop. Therefore, the court granted our motion to suppress a firearm recovered inside the car, and the prosecution dismissed the case.
If you or a family member have been accused of a weapons case, call our law office at 877-781-1570 to to begin building a solid defense against these serious charges.