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Possession Of Assault Rifle In California


This is what we call a presumptive prison case as far as the District Attorney’s office goes.  In other words, if someone is arrested, found with an assault rifle or more than one assault rifle, the prosecutors are typically going to be looking at sending that person to prison for a minimum of two years. Contact our California criminal defense lawyers to review your case.

Assault rifles are very scary for the police and the prosecutors because of the fact that they can do so much damage and a lot of times people can out-gun the police when they have an assault rifle.  In fact, a lot of police roam around with assault rifles themselves in order to match up with those individuals who decide to arm themselves with an assault rifle.

California Penal Code Section 30600

So, if you’re charged with possession of an assault rifle which is covered under California Penal Code Section 30600, you better have a pretty darn good reason for having one because that’s one of the main things that they’re looking at when deciding what to do with you if they have a good case against you for possession of an assault rifle.

Obviously, it has to be possession of an illegal assault rifle.  People are taking out that little firing pin so they can rapid-fire the gun.  That is going to cause the prosecutors to come in and try to put you in custody; try to take away your gun rights; try to put you on probation or send you to prison, depending on what your prior criminal record looks like and what happened in the case.

Evaluating Danger to Public

Remember, when they’re evaluating these cases, they’re evaluating them from a dangerousness level.  In other words, how dangerous are you to yourself, others and public at large?  The more dangerous you are perceived as, the more likely it is that the prosecutors are going to try to punish you severely if you are in possession of an assault rifle.  So, that’s what you have to think about, when you start to think about how are you going to defend yourself for this very serious charge?  What type of an attorney am I going to get?

Do you really need an attorney that’s an expert on assault rifles?  I don’t know about that.  It really depends.  If you’ve got a defense where you’re saying I did not possess an illegal assault rifle, obviously you want to get an attorney who knows how to defend one of these cases.  I’ve been doing this for twenty-five years.

I’ve handled a lot of gun-related offenses, assault rifle cases.  I remember when the law went into effect related to assault rifles and what the prosecutors and police have done with that law, and sometimes they get it wrong.  Sometimes they make mistakes and they’re trying to claim someone has an illegal assault rifle when they really don’t.

Other times they’re right on the money and they’ve got the goods on you and we need to figure out how to mitigate things; how to get a good mitigation package together to keep you out of custody, preserve your rights and get you out of the criminal justice system as fast as possible.

Develop a Defense Strategy to Fight Your Charges

What we do in these possession of assault rifle cases in Los Angeles is, we sit down with you and really start to develop that strategy right from the beginning.  We start to talk about what we can do; what angles we can use to show that you possessing this weapon was not some sinister thing and all you’re doing is exercising your gun rights and we have to explain to the prosecutors what happened here, why it happened and show that you’re not a dangerous person.

You weren’t going to use the assault rifle for any type of sinister purpose.  If we can do that, we start to formulate the basis to get you out of the system quickly, start to preserve and protect your rights, your reputation, your future, your liberty and your interests.

So, pick up the phone now.  Make the call.  We’ll sit down.  I’ve been doing these assault rifle matters for twenty-five years now with a lot of success in all of the courts in LA county.  I know how to handle the cases.  I know what the strategy is and I know what it takes to get your matter resolved in the best manner possible.

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Ronald D. Hedding, ESQ.

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