In California, there are numerous specific criminal charges related to the use of a firearm, sentencing enhancements for using a gun or another deadly weapon, and strict gun laws that make it easy for innocent people to be accused of weapons violations. If you find yourself facing weapons charges in Northern or Central California, do not hesitate to contact us for top-tier legal defense for this very unique practice area.
Only by having a lawyer experienced in weapons charges defense cases and familiar with the details of California gun laws fighting on our side, can you ensure the best possible outcome to your case. Roth Legal stands ready to assist you 24/7! Contact us today for a free, no obligation legal consultation.
Weapons possession or use of a firearm is normally a serious felony offense in California. In some cases, however, weapons offenses can be “wobblers,” meaning that either a misdemeanor or felony can be charged, depending on the circumstances of each case and on the defendant’s past criminal record. The type of weapon involved and the defendant’s actions or intent with the weapon will also play into whether it’s a felony or misdemeanor and how severe the sentence would be upon a conviction.
Misdemeanor weapons charges can get you up to 12 months in jail
Felony weapons charges are punishable by anywhere from 1 to 20 years in state prison.
The use of a firearm in committing a serious felony or sex crime can lead to a sentencing enhancement. Up to 10 years can be added for possession of a gun during a felony, 20 years added if the gun was fired, and 25 years to life imprisonment added if the gun was fired and caused serious bodily injury or death to a victim.
Clearly, being charged with a gun crime in California is a very serious matter. You should therefore only trust the very best legal help to handle your case.
Not only are certain persons prohibited from possessing a gun in California, but there are also specific places where you cannot legally take a firearm.
Finally, illegal gun possession can relate to the type of weapon possessed. Under California Penal Code Section 16590, all activities related to a list of generally prohibited weapons are banned. You cannot manufacture, import, sell, buy, give away, loan out, possess, carry, or use these weapons legally in California.
Thus far, we’ve only looked at California gun crimes to do with simply possessing or carrying a firearm, but now we’ll look at gun crimes where the firearm was “used” in some way. These crimes are, unsurprisingly, normally punished more severely than gun possession violations, making it all the more important to have expert legal assistance when you step into court.
PC 417 Brandishing a Weapon
PC 26100 Drive by Shooting
PC 245a Assault with a Firearm
PC 246 Shooting at Inhabited or Occupied Buildings/Vehicles
PC 246.3 Gross Negligent Discharge of a Firearm
In California, there are not only specific gun crimes, there are also special sentencing enhancements that can increase the penalty of other crimes if a gun was used to commit them. Under PC 12022 and PC 12022.5, you can get from 1 to 10 additional years of incarceration added to your sentence if you were personally armed with a firearm when you committed the underlying offense.
PC 12022.53 Gun Use Enhancement
PC 12022.2 Armor-piercing Ammo / Bulletproof Vest
PC 12022.3 Sex Crime + Firearm Enhancement
PC 12022.4 Aiding/Abetting a Felony with a Firearm