California Penal Code 29825 PC makes it a crime for a someone to own, purchase, or possess a firearm when there is a court order prohibiting them from doing so, even if the weapon is not operable.
People get caught all the time with firearms or even ammunition. A lot of times we see it happen at the firing range. Other times, they get arrested and they have a gun.
Sometimes a search warrant is executed and a gun is found. There are various ways these cases come up when the court orders you not to own, use or possess a gun and then you get caught with it.
Felony Convictions in California
Usually, you are convicted of a felony in Los Angeles County and part of the terms of a probation are you can't own, use or possess any weapon, and then just the fact that you get convicted of a felony in California, you:
- lose the right to vote,
- lose the right to possess arms,
- lose the right to serve on a jury.
So, if you or a loved one is charged with violating a court order and having a firearm, or if it is an felon with a gun case — which is you've got the felony conviction, you get caught with bullets or a gun — and you need an attorney, you've come to the right place.
I've been representing people now for 26 years charged with this exact offense. Obviously, a lot of times the prosecutors are very angry that people have guns.
Factors Considered by the Prosecutor
Prosecutors consider guns dangerous and they consider it very dangerous when somebody is in possession of a gun. They're going to look at why that person has a gun:
- Why does that person have ammunition?
- Are they up to no good?
- Are they committing crimes?
- Are they about to commit a crime?
These are the type of evaluations that are being done as it relates to violating a court order related to a gun. If a court tells you that you can't have a gun, it usually is a criminal court that says that.
Sometimes, if you get a restraining order against you, it's a restraining order court. But, if you violate Penal Code Section 29825 and you possess a firearm in violation of a judge's order and you come back before that judge.
Maybe you're on probation to that judge and that judge is going to be looking to send you to prison, you need to get an attorney right away and figure out:
- (1) do you have a defense to this charge; and
- (2) if you don't have a defense, what type of mitigating factors can you present to the judge so you can avoid that prison sentence.
Defenses for Penal Code 29825 PC
That's where I come in. That's where somebody who's been doing this a long time. I worked for the DA's office, worked for a Superior Court Judge and have been a criminal defense attorney in Los Angeles since 1994.
I come in. I fight for you. I get the mitigation package together. We sit down, talk and get a plan together so you can have a successful outcome. I assume you're concerned about your career. I assume you're concerned about your family, your life, your reputation and your liberty.
Pick up the phone. Ask to speak to Ron Hedding. I've been doing this a long time. I love what I do. I stand at the ready to help you.
Hedding Law Firm is a top-ranked criminal defense law firm located in Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436. We serve clients throughout Southern California, including LA County, Ventura County, Orange County, Riverside, San Bernardino, and Pasadena. Contact us for a free case evaluation at (213) 542-0979.