It can be challenging for the average gun owner to understand and abide by the state’s numerous firearm laws. As such, you can easily violate a law without realizing it. If you have been charged with a firearm-related crime, it is best to be proactive and speak immediately with a leading Newport Beach gun lawyer. Our criminal defense attorneys at The Law Office of Scott D. Henry have over 40 years of combined experience defending those facing weapons charges. Our skilled legal team could guide you through the criminal process while fighting aggressively to protect your rights, property, and liberty.
Types of Gun Crimes in Orange County
In light of several serious gun-related crimes in recent years, firearms charges have become a high priority for law enforcement, prosecutors, and judges in the area. Weapons crimes are pursued aggressively, and convictions carry severe, long-lasting penalties. Some common crimes include:
- Assault with a deadly weapon
- Brandishing a weapon
- Unlicensed sale of a firearm
- Carrying a concealed weapon
- Openly carrying an unloaded weapon
- Shooting at a dwelling, vehicle, or aircraft
- Felon in possession of a firearm
Carrying a concealed weapon
California Penal Code 25400 PC states that it is unlawful to carry a concealed weapon without a CCW permit. Still, illegally carrying a concealed weapon is one of the most common gun charges. Obtaining a permit to carry a concealed weapon can be challenging because there are numerous requirements someone must fulfill to be eligible. As such, individuals often decide not to deal with the complicated and lengthy process and, instead, decide to carry their weapons unlawfully.
Potential Defenses to Weapons Charges
It is crucial to retain an experienced gun defense attorney in Orange County who has an in-depth understanding of state laws and could effectively defend you against the charges. There are several defenses Scott D. Henry and his legal team may determine to pursue. Some solid arguments include:
- Carrying the firearm in self-defense or the defense of others
- Being unaware of carrying a firearm
- False statements on the police report
- Possession of the firearm was legal
- The firearm was discovered during an illegal police search
- The firearm was planted by law enforcement or another individual
The most effective defense strategy for a gun crime must be case-specific. Our seasoned legal team could carefully review the police report and perform a detailed investigation into the alleged incident to create an appropriate and aggressive defense specific to your case.
Penalties for Gun Crimes
The penalties for gun crimes vary considerably because they depend on the alleged offense’s nature and severity. To determine the penalties, the prosecution and judge look at the specifics of a case, including the type of gun involved, if the weapon was involved in a violent crime, how the firearm was obtained, and if the defendant has a previous criminal record.
For instance, if you are convicted of carrying a concealed weapon illegally, the penalties may include a maximum of one year in jail and up to $1,000 in fines. For a felony CCW conviction, the penalties include a maximum of three years in jail and up to $10,000 in fines. If a defendant is a member of a gang, in possession of a stolen firearm, illegally possessing a gun, or has been convicted of a felony in the past, the penalties typically increase. An attorney in Orange County could help someone try to minimize the potential penalties they are facing for their firearm charges.
Speak with a Leading Newport Beach Gun Attorney Today
Facing gun-related charges is a serious matter. To increase your chances of the best possible result, it is best to speak with a leading Newport Beach gun lawyer. Our highly sought-after defense attorneys at The Law Office of Scott D. Henry could immediately begin an in-depth investigation into the alleged charges to obtain evidence supporting your defense. Our long-standing relationships with local law enforcement and prosecutors allow us to negotiate effectively on your behalf to obtain a favorable outcome. Contact our office today for a free consultation.