At the moment, politically, gun crimes are aggressively prosecuted crimes in Los Angeles county. Those who control the police departments and the other political entities are anti-guns.
There is a strict policy at the District Attorney's office, which prosecutes felony cases, and at the City Attorney's office, which prosecutes misdemeanor cases related to guns. You have a real problem if you've been arrested for a gun-related offense. In LA county and surrounding counties – I would almost say anywhere in the nation – guns are not favored now.
I've been a criminal defense attorney now for 30 years. I've represented people with gun-related offenses; in my opinion, this is the worst possible time to get a gun-related crime.
People are being shot all over America. The politicians – even some Republicans who support people's gun rights are starting to waffle on their position. But you've got a city attorney attacking people's gun rights for your purposes.
Even the district attorney hasn't said anything that would benefit anybody with a gun case. Thus, any crime involving guns will be prosecuted seriously, and the accused will face jail time and the loss of their gun rights.
Prosecutors are trying to target and take away people's gun rights. They will attempt to obtain a court order to destroy that gun and prevent the owner from ever using or possessing a weapon or bullets again. Let's review this further below.
What California Statutes Are Related to Weapons?
- Penal Code 245(a)(1) PC – assault with a deadly weapon,
- Penal Code 26100 PC – drive-by shooting law,
- Penal Code 29800 PC – felon in possession of a firearm,
- Penal Code 246 PC – shooting at an inhabited dwelling,
- Penal Code 25850 PC – carrying a loaded firearm,
- Penal Code 186.22 PC – street gang enhancement,
- Penal Code 417 PC – brandishing a weapon,
- Penal Code 12022.5 PC – use of a firearm in a felony,
- Penal Code 12022.53 PC – use a gun, and you're done law,
- Penal Code 12022.4 PC – aiding and abetting a felony with a gun,
- Penal Code 25400 PC – carrying a concealed firearm,
- Penal Code 26350 PC – open carry of an unloaded firearm,
- Penal Code 626.9 PC – gun fee school zone,
- Penal Code 626.10 PC – weapons on school grounds.
- Penal Code 16590 PC – prohibited weapons,
- Penal Code 171(b) PC – weapon possession in public buildings,
- Penal Code 171.5 PC – weapons at California airports,
- Penal Code 171.7 PC – weapons at public transit facilities,
- Penal Code 30600 PC – assault weapons and rifles,
- Penal Code 30605 PC – possession of an assault weapon,
- Penal Code 33410 PC – possession of a silencer,
I'll tell you right now; you need a great criminal defense attorney. You've got somebody like me who's been doing it for 30 years. I've worked for the district attorney's office, I've worked for a superior court judge, and I've been working for somebody just like you since the early 1990s.
Is Negotiation with Prosecutor Possible in Gun Cases?
Yes. Suppose we can't file an appropriate motion, such as a motion to suppress the weapon, and the prosecutors have a strong case against you? In that case, we should look for other legal options to try to negotiate and get some offense that doesn't involve jail time and to keep your gun rights.
I'll tell you what we need to do to be successful. If you're charged with a gun-related offense, take the case out of the political gambit. In other words, the problem with guns is that people are using guns to shoot other people.
So, if you didn't use a gun to shoot anybody, you're already off to a good start. Secondly, if you're in a position where you can argue that you weren't going to use the gun to shoot anybody, you weren't just about to commit a violent felony with a gun; now, you're in a much better position.
Now you're in a position to fight your face. You're in a position to negotiate your case, depending on what they're charging you with and what the circumstances of the case are.
So, you've come to the right place. I've got the know-how to deal with these cases, but I also have to let people know how severe the circumstances are. Otherwise, I'm not doing them a service.
Should You Fight the Gun Case or Negotiate a Plea Bargain?
You need to know what you're up against. So, first things first, we have to decide whether or not we will fight the gun case. The new Los Angeles District Attorney has backed off on some gun accusations, and the prosecutors are not using the 10-year mandatory minimum.
If we've got an angle to fight the case, we will fight it. We're going to investigate it. We'll put together a defense, and then you'll have an attorney who has done over 250 jury trials throughout a 30-year career fighting for you.
However, I'm going to tell you right now, in most of the criminal cases that I do, you can't fight them because the prosecutors have the goods on you.
If they catch you with a gun and you're not allowed to have a weapon under whatever circumstances they see you, you've got a problem unless you can argue that they illegally searched your car, your person, your home, or wherever they found the gun. So, we first have to decide whether we have a defense. We will have to negotiate if you don't have a defense.
We'll have to figure out how to take you out of the political gambit, especially in Los Angeles County, if that's where you've been caught. It puts you in a different gambit. Show the prosecutors that you're not a threat to society. You're not a threat to shoot anybody. You're not a threat to rob somebody with a gun.
So, that's what we've got to do if you're charged with a gun-related offense. If you need the best, pick up the phone and ask for a meeting with Ron Hedding. Contact the Hedding Law Firm by phone or use the contact form.