California’s gun legislation is complicated and frequently changes. As a result, some individuals are unaware that they are acting unlawfully. Even the simple acts of buying, selling, and registering a gun in California can be confusing and result in serious firearm charges.
If you have been charged with a weapons-related crime, we strongly urge you to contact a knowledgeable Ontario gun lawyer as soon as possible. Firearms offenses are taken very seriously at the local court, but with our aggressive legal strategies and long-standing relationships with local prosecutors and judges, our defense attorneys could help you negotiate a fair outcome.
Firearms Charges in San Bernardino County
Gun crimes account for a high number of criminal convictions in this area. There are a variety of way in which someone could violate the law with their firearm or weapon. Some firearms-related offenses include:
- Brandishing a firearm
- Carrying a concealed weapon
- Possession of a loaded firearm
- Felon with a firearm
- Unlicensed purchase or sale of a firearm
- Assault with a deadly weapon
- Negligent discharge of a firearm
- Illegal accessories and ammunition
A lawyer in Ontario could help you with the legal process and explain how to move forward following your gun charges.
Brandishing a Firearm
Under California Penal Code 417 PC, it is unlawful to exhibit or draw a weapon in an angry or threatening manner in the presence of another individual unless it is in self-defense or the defense of others. For purposes of state law, a weapon is considered an object or instrument that can be used in such a way that can cause great bodily injury or death. To obtain a conviction, the prosecution must prove that the defendant:
- Possessed a deadly weapon.
- Exhibited or drew the weapon in a threatening manner in the presence of another, or
- Used the weapon in a fight or quarrel with another individual.
- Was not acting out of self-defense or the defense of others.
The penalties for brandishing a firearm very greatly and are based on the circumstances of the alleged incident. Punishment can include anywhere from 30 days to four years in jail. Additionally, a person who is convicted twice of brandishing a weapon could receive a life-long ban on owning or possessing a firearm.
Felon in Possession of a Firearm
It is unlawful for a convicted felon or a person with outstanding felony warrants to own, purchase, or possess a firearm in the state. A felon is considered anyone convicted of a felony in any state, government, or country. This offense is charged as a felony under California Penal Code 29800 PC and is punishable by up to three years in jail and fines of up to $10,000. This law also makes it illegal for those addicted to narcotics or convicted of certain violent firearm crimes to possess a firearm.
Legal Defenses to Gun Charges
An effective defense strategy for any weapons-related case must be case-specific. Our team of Ontario attorneys could thoroughly review the police report and perform an in-depth investigation into the alleged incident to determine an appropriate strategy specific to your gun case. Several defenses may be utilized, including arguing that:
- You were carrying the firearm in self-defense or the defense of others.
- You were unaware you were carrying a firearm.
- The possession of the gun in question was legal.
- The police report contained false statements.
- The firearm was discovered during an illegal search and seizure by police.
- The weapon was planted by law enforcement or another individual.
Consult with our Leading Ontario Gun Attorney Today
Weapons charges carry severe penalties that can result in life-changing consequences, including a loss of your gun rights, difficulty obtaining employment, and challenges to renting a home or securing a loan.
If you have been charged with a firearm-related offense, it is best to consult with a leading Ontario gun lawyer today. Our experienced defense attorneys have in-depth knowledge of state and federal firearm laws. We could create a persuasive, case-specific legal strategy that helps you obtain a favorable outcome. Contact our offices today for a free case analysis. We are here to negotiate skillfully on your behalf to have your charges reduced or dismissed entirely, minimizing any long-term consequences.
