Los Angeles Firearm Offense Defense Attorney
With the increasing number of firearm offenses being prosecuted in the harshest manner across Los Angeles County, California, and the United States, it's crucial to understand the gravity of these charges.
This is 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 are also charged as enhancements related to other crimes.
When it comes to a firearm-related offense, the role of an experienced attorney cannot be overstated. They can defend the case and strive for a not guilty verdict or negotiate with local prosecutors and judges to secure a result that protects 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 says that anybody who is charged or convicted of 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.
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 goes to commit one crime but brings a gun with them. For example, robbery with a firearm. 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 that whenever there's a weapon involved, it gives the person who's wielding a gun a massive advantage over everybody. There's a much higher likelihood that some death or lousy 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.
What Are the Common Defenses?
All sorts of different defenses can apply to a firearm case. Sometimes, the person is defending themselves and is forced to use deadly force, such as a firearm, to do so.
Other times, the evidence does not clearly show that the person being charged with using a firearm is the one who used the gun. A lot is going on, multiple witnesses, and it's unclear who used a firearm in a case.
Usually, the defenses regarding firearm cases or any case in LA County depend on 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 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. Consider the following:
- When I negotiate cases across Los Angeles County, if there's a gun involved, I know I will have my work cut out for me. Often, damage control and bringing out the positive aspects of your clients make all the difference.
- We utilize character letters, things from their job, and people who know them who can say good things about their character. We're going to look at exactly how the gun was used and why it was used.
- 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 weapon, they didn't do the harm they would typically do. So, there are a lot of different tactics that can be employed.
- Sometimes, a lot of it is damage control and coming up with a sensible plan to show that whatever happened was an aberration and will not happen again to your client.
Several California gun laws prohibit carrying firearms under certain circumstances. If you are found in possession of a gun and you are in one of the categories mentioned above, you face prosecution under the firearms law, which can be pretty complicated. However, understanding these laws and how they apply to your situation can give you a sense of control and empowerment. Your gun rights may be revoked for up to 10 years, but with the right knowledge, you can navigate this complex legal landscape.
Carrying a firearm can lead to severe consequences, but illegally using a gun is even more serious and can result in significant prison time. Depending on the specific offense and circumstances, you could face a range of penalties, from fines and probation to lengthy prison sentences.
Each California gun law carries its penalties. Some are charged as misdemeanors, some as felonies, and some are considered wobblers, meaning they may be charged as misdemeanors or felonies 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,
- The criminal history of the 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 the sentence received for an underlying felony).
Also, any felony where you use a firearm will be considered a strike under the California Three Strikes Law. Understanding these factors and how they apply to your case is crucial for building a strong defense strategy.
Our Los Angeles criminal attorneys have the knowledge and experience to help and guide you if you are facing a firearm offense. We do everything we can to get our clients the best possible results and carefully investigate your case to pinpoint any defenses we may assert on your behalf.
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