Are you being charged with a firearms crime in San Diego?
Handling firearms in San Diego, California, is an extremely sensitive issue, given that this state has a total of 107 laws regulating their use and possession, a figure considerably higher than the national average of 28 state laws.
Due to these rigorous regulations, being accused of illegal possession of a firearm can carry serious legal consequences, ranging from a felony charge to a possible sentence of up to three years in prison.
If you have recently been charged with illegal possession of a firearm, we urge you to contact the attorneys at Kannan Law.
Facing trial for these types of charges can be significantly more complex than other criminal proceedings. Therefore, we recommend enlisting the support of our firearms-related attorneys, who have the experience and knowledge necessary to provide you with a strong and effective defense.
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Gun ownership in California has greater restrictions than in other states. However, people over the age of 21 may possess a firearm in the State of California, although certain conditions apply, such as if you:
- Have previously been charged with a felony.
- Have a drug addiction.
- Have been convicted of domestic violence offenses.
- Have been convicted of a specific act of violence.
- Have been convicted of a specific act of hate violence.
- Have possessed a concealed firearm without a permit.
- Have a medical history of deteriorating mental health.
- Possess an assault rifle.
Possessing a firearm in California is legal, as long as you don’t violate any of the above-mentioned points. Therefore, if you have been charged with possessing a firearm and you are certain that you were within the legal framework of the State of California, do not hesitate to contact the attorneys at Kannan Law to assist you with the trial process.
Firearm possession charges in the State of California are considered “wobblers,” meaning that several factors must be taken into consideration for the charge to qualify as a felony or misdemeanor.
- Type of weapon used, since possession of assault weapons is prohibited.
- The defendant’s criminal history.
- Whether the weapon has been used in any other crime.
- Possession and acquisition of the weapon.
- Modifications and/or alterations to the weapon.
If convicted of a misdemeanor gun possession offense, the judge can impose up to one year in jail, fines, and three years of probation. If the offense is considered a felony, it can lead to incarceration in state prison.
That’s when you can see the importance of hiring a team of attorneys who are experienced in gun possession cases in the State of California.
Having a criminal defense attorney can make all the difference
A lawyer can make a significant difference in a firearms case due to their in-depth knowledge of the law and their ability to protect the defendant’s rights. The laws regulating the use, possession, and carrying of firearms are complex and vary significantly from state to state. An experienced attorney understands the factors that can aggravate a crime, as well as the potential legal defenses that could apply, such as self-defense or lack of intent to unlawfully carry the weapon. They also know when it’s possible to negotiate a reduced charge, which can drastically change the outcome of the case.
Furthermore, a defense attorney plays a critical role in protecting the defendant’s constitutional rights. Often, the police may have made mistakes by making arrests or searches without a warrant, or even by failing to read the defendant’s Miranda rights. An attorney can file motions to exclude illegally obtained evidence, thus weakening the prosecution’s case and increasing the defense’s chances of success.
Another key advantage is the attorney’s ability to negotiate directly with the prosecution. A skilled attorney can secure favorable plea deals that reduce charges or sentences, or even propose the defendant’s participation in alternative programs such as rehabilitation or diversion, especially if this is a first offense.
If the case goes to trial, a trial attorney’s experience becomes essential. They know how to challenge the credibility of witnesses, challenge ballistic or forensic evidence, and present expert testimony that supports the defendant’s version. The way the narrative is constructed before the jury can completely change the outcome of the criminal trial.
Finally, if a conviction is reached, an attorney can directly influence the sentence by presenting strong arguments about mitigating circumstances, lack of prior criminal history, or the context of the crime. This can result in a significantly reduced sentence or even alternatives to incarceration.
Frequently Asked Questions
Is it illegal to carry a loaded firearm in California?
Yes, in most cases. Carrying a loaded firearm in public, in an unauthorized location, and without the proper permits is illegal in California. Penalties can include misdemeanor or felony charges, depending on factors such as prior criminal history or whether the weapon was used in another crime.
What consequences do I face if I have a criminal record and am caught with a weapon?
If you have a criminal record for felonies or certain violent crimes, possessing a firearm can be considered a felony. This can carry up to three years in state prison, and increases the penalty for federal violations. You could also be charged under the “felon in possession of a firearm” law.
What if the weapon wasn’t loaded or was locked in my vehicle?
Even if it’s not loaded, improperly possessing or transporting a weapon in a vehicle can still be illegal if certain requirements aren’t met. In California, the weapon must be unloaded and locked in a container. Failure to carry a firearm properly can result in criminal charges, especially if the person does not have a concealed carry permit.
Can I be deported if I am accused of illegal possession of a firearm?
Yes. Immigrants, even lawful permanent residents, can face serious immigration consequences if convicted of certain firearms-related offenses. Illegal possession can be considered a “crime of moral turpitude” or an aggravated felony, which could result in deportation or ineligibility for citizenship.
Can I clear my record if I was convicted of firearm possession in the past?
It depends on the case. Some firearm possession convictions may be eligible for expungement under California law, especially if it was a misdemeanor and all conditions of probation were met. However, if it was a felony or involved violence, it may not be possible to expunge the record. It is advisable to consult with an attorney to evaluate the available options.