Guns and weapons charges are aggressively prosecuted in California. The penalties for gun crimes are very tough and are becoming more severe. Most offenses carry the prospect of time in jail or state prison, expensive fines, and a criminal record that will follow you for the rest of your life. If you or a loved one has been arrested and charged with a gun or weapons offense, you should contact an gun crimes defense attorney as soon as possible. At the Law Offices of Michael S. Berg, our experienced gun crime attorneys can handle the complexities of a weapons offense and will make sure that your constitutional rights are protected. We will aggressively defend you and determine whether the evidence against you was legally obtained.
Under California law, a person is not required to obtain a license to purchase, receive, own, or possess a gun. Essentially anyone can own a firearm in the state, unless they are specifically prohibited. There are five categories of individuals who are banned from possessing a gun:
Some gun crimes are stand-alone charges, while others are an enhancement to a separate charge, such as assault. Sometimes, carrying a gun can turn a misdemeanor into a felony charge. Some common gun charges include the following:
In general, a gun offense is a felony under California law, however possession can be charged as a misdemeanor in some cases. Penalties will vary depending upon the circumstances, such as:
Felony weapons convictions usually carry a prison term of four to twelve years, depending upon the circumstances. For a misdemeanor, the maximum allowable sentence is a fine and up to one year in the county jail.
Although most Californians have a constitutional right to possess firearms, violation of a gun law can bring very serious consequences. These laws can be very complex and if you have been charged with a firearm or gun crime, it is essential that you retain the help of an experienced gun law attorney. At the Law Offices of Michael S. Berg, our attorneys have the experience and skill to aggressively defend you. Depending upon your circumstances, there are even several ways to petition for dismissal of the charges, including self-defense (of person or property), accident (lack of intent), or on constitutional grounds (illegal search and seizures). Call today for a free case evaluation.