Fresno Weapon Crime Lawyer
Serving Clients Throughout Visalia
The Second Amendment of the Constitution gives all citizens the right to bear arms. In other words, you are allowed to possess a firearm if you wish. However, California law has certain regulations on these rights that can lead to harsh criminal penalties.
If you are facing charges of a weapon offense, you could end up serving time in jail and paying high fines unless you retain a capable criminal defense attorney. At Sawl Law Group, our Visalia weapons crime attorneys could defend you in a number of ways. We could review the evidence and build a strong case in your defense in order to obtain the best possible outcome.
California Weapons Crimes
To be convicted of a weapon offense, the prosecution must prove that the weapon was yours and/or that you were indeed the one who was in possession of the weapon at the time of the offense. The California Penal Code lists numerous different weapons offenses and their penalties.
Below is a condensed list of the most common weapon crimes committed in California, along with their corresponding section:
Assault with a deadly weapon (ADW): Pen. Code § 245(a)1 - ADW involving a deadly weapon that isn’t a gun is considered a wobbler, which means the offense can be charged as either a misdemeanor that is punishable by a maximum one-year jail term and a fine no more than $1,000 or a felony that carries a prison sentence of up to four years or a maximum fine of $10,000. If an ADW involved an “ordinary firearm,” it is also a wobbler. But an ADW involving a machine gun, semi automatic gun, or assault weapon is a straight felony, punishable by up to 12 years of imprisonment.
Concealed weapons: Pen. Code § 25400 - Carrying a concealed firearm in California is a misdemeanor, which carries a maximum jail sentence of one year and a fine not exceeding $1,000. However, if you had been convicted of a felony or any other weapons-related crime, were carrying a stolen gun, are active in a gang, or are not in lawful possession of a gun, it is a felony offense that is punishable by up to three years imprisonment and a maximum fine of $10,000.
Illegal sale: Pen. Code § 12070 - Selling a weapon without the proper permit is a misdemeanor, which carries a maximum six-month jail term and a fine of up to $1,000. Each firearm sold warrants a separate charge.
Illegal transportation: Pen. Code § 12071(3) - This weapons charge is a wobbler. A misdemeanor conviction results in a jail term of up to one year and a maximum fine of $1,000, while a felony conviction leads to up to three years in jail and a maximum fine of $10,000.
Felon in possession: Pen. Code § 12021 - This weapons charge is a felony that carries a maximum three-year jail sentence and a fine of up to $10,000.
Keep in mind that guns and firearms are not the only types of weapons that could incur a weapons offense. Knives, imitation firearms, brass knuckles, and tear gas are all considered weapons under California law. Also, serious weapons offenses, such as illegally transporting large shipments of assault weapons, may be considered federal crimes and will be severely punished by the federal court.
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Our firm is not only committed to helping you avoid serious criminal penalties, but also protecting your Second Amendment right. Do not hesitate to let us guide you through the complexities of the criminal justice system and fight for the most favorable result in your case.
Learn about your available legal options by calling us today at (559) 205-7757 or contacting our Fresno weapon defense attorneys online.