Aggressive Defense For Felony Weapons Charges
Aggressive Defense For Felony Weapons Charges
Felony Weapons Charges
At both the state and federal level, possession of firearms and weapons is taken very seriously. Illegal possession of firearms and other weapons, especially in connection with any drug or gang allegations, can result in extremely harsh penalties and sentencing enhancements.
An “enhancement” is a sentence that is imposed in addition and consecutive to the sentence imposed for the original felony (Cal Pen Code § 1170.1(d) ).
Some firearms and weapons are not illegal. Therefore, your lawyer needs to understand the different types of weapons in order to educate you and provide the best possible defense.
At Jayne Law Group, P.C., we have handled weapons offenses ranging from assault rifles to various types of knives. Contact our San Francisco law firm for to speak with a criminal defense attorney about any felony weapon charge you are facing.
Protecting Bay Area Individuals Charged With Firearm Offenses
People prohibited from possessing firearms include:
- Those with a prior felony conviction (( 18 U.S.C. § 922(g)(1) , Cal Pen Code § 29800(a)(1)
- A person prohibited from possession of a firearm due to a probation condition or court order ( 18 U.S.C. § 922(g)(8)(b) , Cal Pen Code § 29815(a) )
- A person prohibited from possession of a firearm because they have a restraining order filed against them ( 18 U.S.C. § 922(g)(8)(b) ), Cal Pen Code § 18120 )
- A person addicted to narcotics ( 18 U.S.C. § 922(g)(3) , Cal Pen Code § 29800(a)(1) )
- Any person who is an undocumented resident, or “illegal alien” ( 18 U.S.C. § 922(g)(5(A)))
- A person who is a danger to oneself or others because of a mental illness ( 18 U.S.C. § 922(g)(4) , Welfare and Institution Code § 8103(e)(1) )
- A person who is a mentally disordered sex offender (Welfare and Institution Code § 8103(a)(1) )
- Persons convicted of certain misdemeanors, including domestic violence ( 18 U.S.C. § 922(g)(9) , Cal Pen Code § 29805 )
- A person dishonorably discharged from the military (18 U.S.C. § 922(g)(6))
Illegal Firearms Offenses
Under both federal and California law, certain offenses involving firearms are illegal. Illegal firearm offenses include:
- Possession or discharge of a firearm in a school zone (18 U.S.C. § 922(q)(2)(A), Cal Pen Code § 629.9(b))
- Receiving, possessing, storing, or transporting across state lines any stolen firearm, ammunition, or explosive (18 U.S.C. § 922(i), Cal Pen Code § 25850(c)(2))
- Transporting, shipping, or receiving across state lines any firearm with a removed or altered serial number (18 U.S.C. § 922(k), Cal Pen Code § 22910(a))
- Selling or delivering a firearm to someone under 21 years old (18 U.S.C. § 922(b)(1), Cal Pen Code § 27505)
Licensing and Concealed Weapons in California
California law also requires those who purchase and own firearms to have them licensed.
The law also prohibits anyone from carrying a concealed weapon on their person or in their car, unless it’s in a trunk or locked compartment other than a glove box.
Illegal firearms possession in California can also trigger federal charges. These federal charges carry steep penalties and frequently arise in connection with drug or gang cases, or the inadvertent discovery of a firearm during a search.
Firearms Enhancements in California
In California, using a firearm during the commission of a crime can trigger additional punishment. These additional punishments, or enhancements, include:
Because of the seriousness of weapons charges, even at the misdemeanor level, an experienced attorney is critical for this type of case. At Jayne Law Group, we evaluate each case by assessing the legality of the search and seizure of any weapons, the types of weapons at issue, the circumstances of the possession, the individual’s background and other crucial factors.
- Being armed with a firearm while committing a felony or attempting to commit a felony (Cal Pen Code § 12022.53)
- Using a firearm, assault weapon, machine gun, or .50 BMG rifle while committing a felony (Cal Pen Code § 12022(a)(2))
- Knowing that another person involved in the crime possesses a firearm (Cal Pen Code § 12022(d))
- Possessing armor-piercing ammunition (Cal Pen Code § 12022.2(a))
- Using or possessing a firearm while committing certain sex offenses (Cal Pen Code § 12022.3(a))
- Furnishing or attempting to furnish another with a firearm in order to help that person commit a felony (Cal Pen Code § 12022.4(a))
- Using a firearm while committing a felony or attempted felony (Cal Pen Code § 12022.5(a))
- Personally uses a firearm during the commission of certain felonies (Cal Pen Code § 12022.53(b))
- Personally and intentionally discharges a firearm in the commission of certain felonies (Cal Pen Code § 12022.53(c))
- Causes great bodily injury due to personally and intentionally discharging a firearm during the commission of certain felonies (Cal Pen Code § 12022.53(d))
- Discharging a firearm from a car while committing a felony (Cal Pen Code § 12022.55)
Effective January 1, 2018, California courts are allowed to strike, or dismiss, firearm enhancements. Before the passage of Senate Bill 620, courts did not have the discretion to strike firearm enhancements.
Weapons Charges in California
Other weapons charges include:
- Carrying a concealed weapon (Cal Pen Code § 25400)
- Aggravated assault with a deadly weapon (Cal Pen Code § 245(a)(1))
- Firing or shooting an object illegally (Cal Pen Code § 246, 246.3, 247(b))
- Negligent discharge of a firearm (Cal Pen Code § 243.6)
- Possession of an assault weapon (Cal Pen Code § 30605(a))
Call Today to Begin Developing Your Defense Strategy
Contact Jayne Law Group, P.C., for more information on a criminal defense lawyer if you or a loved one is facing weapon or firearms charges in the Bay Area or the federal courts in California. Call 415-623-3600.