California has some of the strictest gun laws in the country, and if you’re accused of violating them, you need a competent gun crime lawyer who can effectively fight for your future. Whether you are being charged for gun possession or for another criminal charge in conjunction with weapons charges, you can depend on us. We are skilled in defending adults and juveniles who are charged with weapons offenses in California. Contact a dedicated Contra Costa County criminal lawyer from our firm for assistance today.
Consequences of Various Gun Charges & Weapons Offenses in California
California law imposes serious penalties for gun and weapons violations, and the consequences you face depend on the specific charge, your criminal history, and the circumstances of your case. Many weapons offenses are considered felonies, and even misdemeanor convictions can carry life-changing repercussions. Some of the most common weapons offenses we see, as well as their corresponding penalties, are as follows:
- Possession of an unregistered firearm: This can be charged as a misdemeanor or felony. A conviction may result in up to one year in county jail or up to three years in state prison, along with fines and a permanent criminal record.
- Carrying a concealed weapon without a permit: This is typically a misdemeanor, but it can be elevated to a felony if aggravating factors are present—such as a prior felony conviction or possession of a stolen firearm.
- Possession of an assault weapon or other prohibited firearm: California has banned certain weapons altogether. Possessing one can lead to felony charges and a state prison sentence of up to eight years.
- Felon in possession of a firearm: If you have a prior felony conviction, being caught with a gun is a serious felony offense under Penal Code § 29800 and can carry a sentence of up to three years in prison.
- Use of a firearm during the commission of a crime: Using or brandishing a weapon while committing another crime, such as robbery or assault, can trigger sentence enhancements under California’s “10-20-life” law, dramatically increasing your prison time.
In addition to jail or prison time, a conviction can result in loss of gun rights, immigration consequences, loss of professional licenses, and permanent damage to your reputation. That’s why it’s critical to have a skilled gun crime lawyer on your side.
Common Defenses Against Weapons Charges
Just because you’ve been charged doesn’t mean you’ll be convicted. There are many effective legal defenses that may apply to your case, depending on the facts. At O’Connor Law APC, a gun crime lawyer can thoroughly investigate your situation and build the strongest possible defense. Some of the most common defenses to weapons charges are as follows:
- Unlawful search and seizure: If law enforcement violated your Fourth Amendment rights—such as conducting a search without a warrant or probable cause—any evidence they found, including the weapon itself, may be thrown out.
- Lack of knowledge: In many cases, the prosecution must prove that you knew you possessed the weapon. If you were unaware that a firearm was in your vehicle, bag, or residence, this could be a strong defense.
- The weapon was not illegal: Some weapons are legal to possess with the proper documentation or under certain conditions. We can challenge whether the item actually met the legal definition of a prohibited weapon.
- You had a valid permit or license: If you were legally permitted to carry a concealed weapon, for example, we can present evidence of that authorization to challenge the charges.
- Self-defense or necessity: If you possessed or used a weapon because you reasonably believed you were in imminent danger, you may have a legal justification for your actions.
Contact a California Gun Crime Lawyer Today
O’Connor Law APC is known for its success in getting charges reduced or even dismissed. If you have been charged with a weapons offense, you know you can trust in our experience and dedication. We will fight for your rights. Contact a skilled Costa Contra County gun crime lawyer from our firm right away to discuss your case.