State gun laws are some of the strictest in the country, and they contain confusing restrictions and exceptions that can cause you to break the law unintentionally. If you face firearm-related charges, it is best to contact an experienced Orange County gun lawyer right away. Our skilled legal team at The Law Office of Scott D. Henry could thoroughly investigate your case to identify any errors or loopholes that could result in dropped or reduced charges. Our seasoned criminal defense attorneys have over 40 years of combined gun defense experience and could fight aggressively to ensure your rights are being protected.
Orange County Gun Crimes
In recent years, there have been several serious and highly-publicized gun-related crimes. In light of these crimes, weapons charges have become a top priority for local law enforcement, prosecutors, and judges. Some of the most common weapons crimes include:
- Carrying a concealed weapon
- Brandishing a weapon
- Assault with a deadly weapon
- Unlicensed sale of a firearm
- Felon with a firearm
- Openly carrying an unloaded weapon
- Shooting at a dwelling, vehicle, or aircraft
One of our attorneys in Orange County could help someone through the legal process depending on the type of gun charge they have been accused of.
Carrying a Concealed Weapon
One of the more common gun crimes is carrying a concealed weapon. California Penal Code 25400 PC makes it unlawful to carry a concealed weapon without a valid CCW permit. However, obtaining a permit in this area can be challenging because there are several eligibility requirements you must meet. As such, some people often avoid going through the difficult and lengthy permit process and end up carrying guns unlawfully.
Consequences for Firearm-Related Crimes
The penalties for gun crime convictions vary considerably and depend on your case’s circumstances, including the type of gun involved, if it was involved in a violent crime, how you obtained the firearm, and if you have a previous criminal record.
If you are convicted of a misdemeanor weapons charge, your penalties may include a maximum of one year in jail and up to a $1,000 fine. If you are a member of a gang, are in possession of a stolen firearm, illegally possessed a gun, or if you have been previously convicted of a felony, the penalties will likely increase. If you are convicted of a felony weapons charge, the penalties include a maximum of three years in jail and up to a $10,000 fine.
Additionally, having a gun crime conviction on your record considerably affects your 2nd Amendment rights. In California, if you receive a felony conviction, there is a life-long ban on firearm possession. If you are convicted of assault with a weapon or have been convicted two or more times of brandishing a firearm, there is also a life-long ban on gun possession. There are approximately 40 misdemeanor charges that carry a 10-year ban on gun possession if convicted. Some of these include:
- Battery
- Assault
- Brandishing a weapon
- Making criminal threats
- Willfully violating a domestic protective order
- Discharging a firearm in a grossly negligent manner
An experienced Orange County lawyer could help someone mitigate the potential consequences they may be facing for their gun charge.
Defenses for Gun Charges in Orange County
If you have been charged with a firearm-related crime, it is vital to hire an experienced defense attorney in the area who has an in-depth understanding of the state’s complex gun laws and extensive experience defending these cases. There are several solid defenses Scott D. Henry and his legal team may choose to pursue. Defenses that are typically effective include:
- Carrying the firearm in self-defense
- Possession of the firearm was legal
- The firearm was discovered as a result of an illegal police search
- The gun was planted
- There were false statements in the police report
- You were not aware you were carrying a weapon
Our seasoned legal team could carefully review the police report and investigate your case to determine the most effective strategy for your defense.
Contact a Skilled Orange County Gun Attorney Today
Being charged with a gun-related crime is a serious matter. If convicted, the consequences can have adverse effects that last a lifetime. It is essential to contact a skilled Orange County gun lawyer today if you face weapons charges. Scott D. Henry and his legal team have decades of experience handling weapons cases and have obtained unprecedented results. We have long-standing relationships with local law enforcement and prosecutors, which help us advocate effectively on your behalf. Contact our office today for a free consultation.