If you have been arrested or are under investigation for a firearm offense, it is critical to engage legal counsel as early as possible. An attorney can protect your rights, analyze the evidence, and identify any potential defenses that may apply to your situation.
Depending on the circumstances, there may be opportunities to negotiate for reduced charges or alternatives to incarceration. Do not underestimate the gravity of these charges. Contact our firearms possession lawyers today to discuss your options.
California’s Firearm Possession Laws
Our state has some of the strictest gun laws in the country, and understanding these regulations is not an easy task.
Some of the most common firearm possession offenses in San Diego include:
Felon in Possession of a Firearm
Under California Penal Code Section 29800, it is a felony for anyone convicted of a felony to own, purchase, receive, or have in their possession or custody any firearm. This is often called being a “felon in possession” of a firearm. Even those with out-of-state or federal felony convictions are prohibited. The penalties can include up to 3 years in state prison.
Carrying a Concealed Firearm
As outlined in Penal Code Section 25400, carrying a concealed firearm–whether on your person or in a vehicle–is generally a misdemeanor offense. However, it becomes a potential felony if you have prior convictions, are in a criminal street gang, have a stolen firearm, or are otherwise prohibited from possessing firearms. Penalties can range from probation to up to 3 years in prison.
Carrying a Loaded Firearm
Under Penal Code Section 25850, it is illegal to carry a loaded firearm in a public place or public street. This is a misdemeanor offense punishable by up to 1 year in county jail, but it can be charged as a felony under the same circumstances as carrying a concealed firearm. If charged as a felony, the offense carries potential prison time.
Possession of an Assault Weapon
California has strict laws under Penal Code Section 30605 regarding ownership and possession of firearms classified as “assault weapons.” This covers many semi-automatic rifles and firearms with certain features like pistol grips or folding stocks. Simple possession is a “wobbler,” meaning it can be charged as a felony or misdemeanor with potential county jail or state prison time, depending on the circumstances.
These are just some of the most common gun crimes prosecuted aggressively in San Diego County courts. An experienced firearm lawyer is essential to evaluate your specific case and protect your rights if charged with a weapons offense.
Criminal Defense Strategies for Firearm Cases
Being convicted of a firearm offense can lead to potential jail or prison time. That’s why it’s critical to have an experienced defense lawyer who can thoroughly investigate the circumstances of your case and pursue all viable strategies, such as:
- Suppressing Illegally Obtained Evidence — If law enforcement violated your constitutional rights through an unlawful search or seizure, a Motion to Suppress can keep tainted evidence from being used against you. Common issues include lack of probable cause or improper search warrants.
- Affirmative Defenses — Certain affirmative defenses can provide legal justification, like briefly possessing a firearm in self-defense during a confrontation.
- Negotiating for Reduced Charges — An experienced attorney can negotiate with prosecutors to reduce or even dismiss charges in some cases by identifying mitigating factors or agreeing to diversion programs.
- Exercising the Right to Trial — If the circumstances warrant, you maintain the right to have your case tried before an impartial jury. Your lawyer will vigorously represent your interests at trial.
We understand that every client’s situation is unique, with different goals and priorities. That’s why our team takes an individualized approach, evaluating the facts of each case on its own merits. We don’t employ a one-size-fits-all strategy. Instead, we analyze the prosecution’s case and relevant laws to craft a customized defense that is aligned with achieving the best possible resolution for you.
Why Choose the Law Office of David P. Shapiro?
At the Law Office of David P. Shapiro, we are 100% criminal defense focused and have been from the start. This zeroed-in focus has allowed us to gain unmatched experience in criminal defense strategy and tactics.
Our firm has extensive experience defending clients against the full range of misdemeanor and felony charges in San Diego’s state and federal courts. From drug crimes and DUIs to white-collar offenses, assaults, and homicides, we have represented hundreds of cases and taken numerous matters to trial.
When you hire our firm, you get:
- A legal team solely dedicated to criminal defense, not divided across multiple practice areas;
- Attorneys who live and breathe the nuances of criminal law and procedures;
- Professionals committed to personalized service and open communication every step of the way; and
- A reputation for excellence backed by years of successful results.
Your future and freedom are at stake when criminal charges are involved. Securing skilled and focused criminal defense representation from the start provides the best pathway to a favorable resolution of your case.
But don’t just take our word for it. Here are a few examples of our success stories:
- Successfully dismissed the third strike for criminal threats with a weapon and reduced felony firearm charges to misdemeanor probation with house arrest.
- Pleaded assault with a deadly weapon charge down to mental health diversion program for client facing significant prison time.
Don’t take chances–defend your freedom with the Law Office of David P. Shapiro.
Frequently Asked Questions
What is the sentence for gun possession in California?
The sentence for illegal gun possession in California depends on the specific charge and circumstances. It can range from probation up to 3 years in prison for offenses like felon in possession (Penal Code Section 29800) or carrying a concealed firearm as a felon (Penal Code Section 25400).
Is possession of a firearm a felony in California?
Some gun possession offenses are automatic felonies in California, while others can be charged as felonies or misdemeanors.
Can you get probation for a gun charge in California?
Yes, probation is a potential sentence for certain gun possession charges in California, especially for first-time offenders charged with misdemeanors. However, probation may come with conditions like jail time, fines, and firearms restrictions.
Protect Your Rights – Contact Us About Your Firearms Case Today
If you’re facing charges related to firearms possession, concealment, or other weapons offenses in San Diego, contact the Law Office of David P. Shapiro right away.
The sooner our criminal defense team can review your case details, the sooner we can start safeguarding your interests and building a strong defense strategy.
The stakes are high. Don’t take chances–ensure your rights are protected by calling our office now.
If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future. Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.
The contents of this article are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.
