Gun charges are among the most common types of charges in California. Gun charges often accompany other crime charges, but they carry separate and serious penalties on their own. When a crime is committed with a gun, the penalties are often enhanced. Gun charges and penalties can be complex.
Gun charges may be either misdemeanors or felonies. While there is no minimum mandatory sentencing requirement, the possession or use of a gun can enhance the penalties of the crime. Enhanced sentencing is done on a case by case basis and can add up to ten additional years of prison time if convicted.
Gun charges are often made in addition to other charges. There are many gun charges that could apply to your specific case. Some of the most common gun charges include:
- Brandishing a deadly weapon under California Penal Code 417 is displaying a weapon in a threatening, rude, or angry manner.
- Assault with a firearm occurs if you have possession of or use a gun during an assault and will result in gun charges.
- Possession of a gun while committing a felony. This can apply to all persons involved in the same crime. If the crime involved a firearm, you will face gun charges.
- Enhanced sentencing applies when you possess a gun or ammunition during a felony. You could face gun charges based on the circumstances.
- You can be charged with a gun crime even if the weapon was not loaded and if you didn’t point the gun directly at someone or fire it. The victim need not have seen the gun.
Brandishing a firearm may be a misdemeanor or felony. As a felony, the penalty is up to a year in jail and fine of $1,000. Assault with a firearm can result in a sentence of two to four years in jail as a felony conviction, with a fine of up to $10,000. You could be restricted from owning a firearm in the future.
Some factors that the judge will consider during sentencing include the type of gun, whether the gun was possessed or used, the type of felony charges, and whether you have a criminal record. Gun charges are complex and each case is unique.
- When gun charges are part of another crime try to eliminate enhanced penalties by overcoming the original felony charge. A strong defense is essential in reducing felony charges.
- If you discharged a firearm during the crime, the penalties could be increased. You will face additional charges when someone was hurt or killed during commission of a crime.
- If a gun was used illegally, the police may confiscate the weapon and destroy it. Therefore, you may not get the weapon back, even if you obtained it in a legal manner.
If you or a loved one is facing gun charges, call our firm today. We are here to listen. We are here to help, and we can help you fight for your future. Give us a call today.
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The Law Offices of David Lehr provides legal representation to individuals facing felony gun charges in Ventura, Oxnard, and Camarillo, California. No attorney or law firm can make any promises or guarantee an outcome for your criminal case. The contents presented on this site are for informational purposes only and should not be construed as legal advice. Visiting this website does not establish an attorney/client relationship.
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