Los Angeles Firearm Offense Defense Attorney
As you might guess, more and more firearm offenses are being prosecuted in the harshest manner of all the crimes across Los Angeles County, California, and even across the United States.
This is obviously true because of all the gun violence and the various shootings that are taking place and making the news across the country. There are many different firearm-related offenses on their own, and they also are charged as enhancements related to other crimes.
When it comes to a firearm-related offense, this is where you've got to have an attorney that has experience dealing with these types of defenses, and of course has the ability to be able to either defend the case and get a not guilty verdict, or knows the local prosecutors and judges in the court where your case is pending and knows how to get a result that can protect your rights, your record, your freedom and your reputation.
Felon in Possession of a Firearm
One common firearm charge is an ex-con with a gun. This has to do with California Penal Code Section 29800, which basically says, anybody who is charged or convicted with a felony and then in the future possesses a firearm or bullets, will be charged with a felony and possession of a weapon or bullets and this is a felony and a lot of times the prosecutors are trying to put people in prison for this type of offense.
Another offense that I see is when someone actually goes to commit one crime but brings a gun with them. For example, robbery with a gun. That's a ten-year gun enhancement.
You get whatever you get for the robbery and then they tack on ten years on the back for using a weapon. The reason they're so harsh with these weapon-related offenses is because whenever there's a weapon involved, it gives the person that's wielding a weapon a huge advantage over everybody, and there's a much higher likelihood that some sort of a death or bad injury will result because of the firearm.
Somebody fires a firearm and hits somebody with a bullet in an unlawful manner – that's a twenty-five-year enhancement, and obviously, that can take somebody out for the rest of their life – especially when you combine it with whatever else they're being charged with – whether it be attempted murder, assault with a deadly weapon.
So, the bottom line is that firearms are some of the most politically-charged crimes and you've got to have an attorney who's been down this road before and had success. There are all sorts of different angles that can be utilized to try to mitigate the devastating effects of a firearm-related offense.
Defenses Related to Firearm Offenses in Los Angeles
There are all sorts of different defenses that can apply when it comes to a firearm case. Sometimes the person is actually defending themselves and is forced to use deadly force by way of a firearm in order to do that.
Other times the evidence is not clear that the person being charged with the use of a firearm is actually the one that used the firearm. There's a lot of stuff going on, there are multiple witnesses and it's unclear who actually used a firearm in a case.
Usually, the defenses when it comes to firearm cases or any case in LA County are going to come down to the facts and circumstances surrounding the particular offense. Every case is different. There's no cookie-cutter approach to defenses. The bottom line is this – you want to have somebody who has been doing it a long time, is local to the court that your case is in and has handled these firearm-related offenses.
When I go in and negotiate cases across Los Angeles County, if there's a gun involved, I know I'm going to have my work cut out for me. A lot of times it's doing damage control and it's bringing out the positive aspects of your clients that makes all the difference.
We utilize character letters, we utilize things from their job and people who know them who can say good things about their character, and obviously, we're going to look at exactly how the gun was used and why the gun was used.
And hopefully, we can come up with an angle for example, that in reality, the person felt it was necessary to use the gun or that even though they used the gun, they didn't do the harm that the gun would normally do. So, there are a lot of different tactics that can be employed.
A lot of it sometimes though is damage control and coming up with a plan that makes sense to show that whatever happened was an aberration and is not going to happen again in reference to your client.
Firearm Offense Attorney
If you are a felon, a person convicted of certain misdemeanor offenses, a person who is addicted to narcotics, a person who suffers from mental illness, or a person who is a minor and you are in possession of a firearm, you should not be in possession of a firearm.
There are a number of California gun laws that prohibit carrying firearms under certain circumstances. If you are founds in possession of a firearm and you are in one of the above mentioned categories you face prosecution under the firearms law that can be quite complicated. Your gun rights may be revoked for up to 10 years.
Carrying a firearm can be serious, but illegally using a gun is even more serious and can result in time in prison.
Each California gun law carries its own penalties. Some are charged as misdemeanors; some as felonies; and some are considered wobblers, meaning that it may be charged as misdemeanor or felony depending on the circumstances.
To determine the penalty to impose, Judges look to whether the offense charges is being charged as a misdemeanor or a felony; the type of firearm that was used; criminal history of defendant; and whether the firearm offense subjects the defendant to any California firearm sentencing enhancements (which can add anywhere between 1 to 10 years in prison in addition to sentence received for underlying felony). Also, any felony where you use a firearm will be considered a strike under the California Three Strikes Law.
Consult with Our Lawyers for Help
Our Los Angeles criminal attorneys have the knowledge and experience necessary to help you and guide you if you are facing a firearm offense. We have a combined 75 years of experience and in that time our Criminal Defense Attorneys have handled thousands of cases involving firearms offenses.
We do everything we can to get our clients the best possible results and we carefully investigate your case to pinpoint any and all defenses we may assert on your behalf.
Contact a Los Angeles firearms offense attorney at our office today so we can explain all your legal options.
- Guns In California Criminal Defense Cases
- Who Can Possess A Gun Legally Under California Law?
- Brandishing A Replica Or Fake Gun In Los Angeles – Penal Code §417.4
- Can A Convicted Felon Have Bullets Or Go To The Shooting Range?
- Unlicensed Or Illegal Sale Or Transfer Of Firearms In Los Angeles – Penal Code Section 26500
- How Are Gun Issues Impacting Prosecutors And Judges In Los Angeles County?
- Gun Crimes in Los Angeles
- Possession of a Firearm in Violation of a Court Order – Penal Code 29825
- Consequences of an Illegal Gun Possession in California