The state and federal governments prosecute weapons crimes harshly.
In California, a weapons violation can enhance the penalties for other crimes. An “enhancement” is an additional sentence, which means that the punishment is in addition to your original sentence. (Cal Pen Code § 1170.1(d)).
Further, crimes involving a gun or other weapons can be considered a strike under the Three Strikes Law. A strike is a violent or serious felony, as defined under sections 667.5(c) and 1192.7(c) of the California Penal Code.
Under the Three Strikes Law, which is codified in section 667.5(e)(2)(A) of the Penal Code, individuals with two violent or serious felony convictions can be sentenced to 25 years to life in prison if convicted of a third violent or serious felony.
Weapons Violations in California
Under section 12022.53 of the California Penal Code, if any person uses a firearm, discharges a firearm, or causes great bodily injury or death with a firearm during the commission of certain felonies, they can be sentenced to prison for 10, 20, or 25 years to life.
Until recently, these sentencing enhancements were mandatory, which means that the judge could not “strike,” or dismiss, the enhancement and accompanying prison sentence. However, in 2018, the law was changed, and beginning in January 2019, judges now have the authority to strike firearm enhancements.
While this is good news for people accused of crimes involving weapons, it is important to remember that Penal Code 1385 only allows judges to strike the enhancement if it is in “the furtherance of justice.” Because of this restriction, it is important to choose an attorney who has experience with this law. Jayne Law Group‘s founding partner, Julia Jayne, is a former prosecutor who worked on hundreds of cases involving weapons. She now uses her expertise to defend individuals accused of violating the law, including violations related to weapons.
Proposition 36 and Realignment in California
In addition to the Three Strikes Law, our attorneys are knowledgeable about Proposition 36, which changed the types of crimes and punishments that fall under the Three Strikes Law in California. For example, before Proposition 36 was passed, a life sentence could be imposed, even if the crime was not a violent or serious felony.
Finally, we also advise on sentencing due to Realignment. Before California passed the Public Safety Realignment Act in 2011, most felonies required a criminal defendant to serve prison time. However, with the passage of this law, some felonies can be served in jail instead of prison.
Weapons Violations in Federal Courts
In federal courts, weapons violations also carry very steep mandatory minimum penalties. For example, possession of a firearm during the commission of a crime carries up to a 5-year mandatory minimum sentence pursuant to Title 18, section 924 of the United States Code. If someone brandishes the firearm, the sentence is a 7-year mandatory minimum and if someone uses the firearm during the commission of the crime, the mandatory-minimum is 10 years.
Finally, the sentence dramatically increases to thirty years if the firearm a machine gun or is equipped with a firearm silencer or muffler.
Someone facing federal weapons charges must be represented by a skilled, aggressive and knowledgeable attorney. Jayne Law Group provides that kind of representation and we leave no stone unturned.
Experienced and Aggressive Representation
At Jayne Law Group, P.C., we have considerable experience with weapons violations cases. As a prosecutor, Julia Jayne tried many weapons crimes cases, including those involving the Three Strikes Law. Today, she uses her experience to defend individuals charged with weapons violations. An experienced criminal defense attorney can assist with charges pertaining to assault weapons and firearms which, in some instances, are legal to possess.
Misdemeanor and Felony Weapons Defense
Many items are considered weapons, including brass knuckles, clubs, bats, chains, knives and guns. We represent people charged with state and federal weapons violations and related crimes, including:
- State and federal weapons possession
- Felon in possession of firearm
- Carrying a concealed weapon
- Weapons sales or trafficking
- Robbery and aggravated robbery
- Aggravated assault and battery
· Aggravated sexual assault and battery
A critical part of a weapons violation defense is to examine the legality of the search and seizure. In both federal and state cases, this is usually done with a motion to suppress.
Further, we will also establish whether the client actually possessed the weapon or another person in the home owned it.
Get Immediate Legal Support
Due to the severe consequences of a weapons violation conviction, you do not want to take chances with your defense. You need a lawyer who has the experience and skill to protect your rights and keep you out of prison. Call Jayne Law Group, P.C., 24 hours a day at 415-623-3600 or contact us via our online form.