For 26 years now, I've defended people who have been charged with gun crimes — whether it be carrying a concealed weapon (Penal Code 25400), driving with a gun in the car, shooting a weapon during a robbery, firing a weapon during a gang violence situation, using a firearm to commit some crime like a burglary, assault with a deadly weapon (Penal Code 245(a)(1)), brandishing a weapon (Penal Code 417).
There are a lot of weapon-related offenses, and I'm here to tell you in Los Angeles County, guns are one of the top issues for prosecutors. Whether it be the City Attorney's office has some very harsh policies against firearms.
They have special gun prosecutors where all they do is prosecute gun cases. That's how seriously they take ridding the county of guns and doing away with people's rights.
Determining the Best Strategy to Fight Gun Charges
So, the bottom line is, if you are charged with a gun-related offense, you're going to want to get an attorney like me who knows how to deal with these cases. You have to figure out first if you have a defense. If you do, you employ that defense and try to beat the prosecutors; you use an attorney with a lot of experience to do that.
If, on the other hand, you don't have a defense, we have to employ a different strategy. We must use an approach that typically involves damage control, meaning we send a mitigation package to the prosecutors.
Also, a lot of times, I've got to meet with the boss — the supervisor — armed with all of the excellent information about you — your family, your job, any extra-curricular activity you're involved with, church involvement, or any religious organization, helping kids, sports programs.
These are all things we want to look at so we can try to make the argument that you're a good, productive member of society who would never hurt anybody because when they see you with a gun, they see you differently — a way that is not good for you — so it's up to me to turn the tide and turn the mind of the prosecutors.
Misdemeanor vs. Felony Gun Charges in California
If' it's a misdemeanor case, the City Attorney's office will prosecute it. If it's a felony case, the District Attorney's office will prosecute it. Both offices are tough on gun cases, and many head prosecutors are in the branch courts — there are 38 courts in Los Angeles County. The consequences of illegal gun possession in California can be severe.
They go out of their way to send people to prison if they can who use guns to commit crimes. They go out of their way to take their right to bear arms away from them. For domestic violence charges, you lose your right to own, use, or possess a gun or any ammunition for ten years if you get convicted of a domestic violence-related offense. This is just one example of the severe consequences that can result from a gun-related offense in Los Angeles County.
This gives you a kind of inkling of how severe gun cases are taken in Los Angeles county. So, I think what you need to do when you meet with somebody like me with a lot of experience.
When we meet, our first step will be to assess the strength of your case. If there's a chance to win, we'll prepare for a jury trial and aim to beat the prosecutors. If the evidence is against you, we'll discuss the best possible outcomes.
If, on the other hand, they have the evidence against you, then we have to talk about what is most important. Some of the things that we're looking at are probation, jail time, prison time, and the loss of your ability to own, use, or possess a weapon.
So, it would be best to start thinking about what's most important to you. Nobody wants any of these consequences to befall them. Still, we have to look at them realistically and figure out what the prosecutors are likely going to want as punishment for a gun-related offense.
Also, what would a judge do if we tried to go around the prosecutors and go directly to the judge to resolve the case? These are all considerations if you've got a gun-related offense in Los Angeles county. Understanding the potential role of the judge in your case can help you prepare for the legal process and make informed decisions about your defense strategy.
Reviewing the Specific Details of the Gun Charges
The next thing we must look at is whether you hurt anybody. If you didn't hurt anybody with the gun, then you start to get the argument that you're not a danger. The situation is an aberration that won't happen again.
Then, moving forward, we make moves and put precautions in place to show the judge and the prosecutor that you're not a threat to the community and if they give you a break, you won't let them down. You won't do anything in the future that makes them look like they didn't do anything to punish you.
That's one of the significant considerations in these gun-related offenses; remember, they're politically driven, and the government feels that they have to take a strong position or put themselves in jeopardy.
If you have a gun-related offense in Los Angeles and you need help, you've come to the right place. Pick up the phone. Call (213) 542-0979 and ask to set up an appointment with Ron Hedding. Our team will guide you through the process and ensure you get the help you need. I stand there, ready to help you.
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