Ventura Gun Charges Attorney
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.
The state of California has some of the strictest gun laws in the country. Considering California’s tough stance on gun crimes, you need aggressive representation from our credible Ventura gun charges attorney at David Lehr Law to help protect your rights.
Our legal team could fully explain your charges and work to build an effective defense. Call our law office today to schedule an initial consultation with our skilled California criminal defense attorney.
Why Do I Need a Gun Charges Attorney in California?
California takes gun charges and weapon crimes very seriously and has outlined strict parameters and harsh penalties to regulate their use in the community. If you’ve been charged with illegal possession of a firearm, you need a qualified Ventura gun charges attorney who understands California gun possession laws.
At David Lehr Law, we are a full-service criminal defense law firm with a history of successfully defending clients against weapons charges. Our legal team can help:
- Provides specialized attention and legal resources to each client we serve in a wide range of criminal charges, both in state and federal court.
- Thoroughly investigate the circumstances of your arrest and will aggressively work to get the charges reduced or dismissed.
- Listen to your story without judgment and strategize with you to build a solid defense strategy.
- Guide you through the most challenging time in your life, help you improve yourself, and obtain the best possible outcome in your criminal case.
- Represent numerous clients facing felony and misdemeanor charges in Ventura County and throughout California.
We will fight relentlessly to get the best possible resolution to your case. Contact our law office and schedule an initial consultation to learn more about your legal options.
What is a Gun Charge?
A gun charge involves the illegal possession or use of a firearm. It is considered one of the most common types of charges in California. Gun charges often accompany other criminal charges, but they carry separate and serious penalties on their own. The penalties are often enhanced when a crime is committed with a gun.
California laws regulate the sale, possession, and distribution of guns. If faced with a gun charge, the best thing you can do for yourself is to seek legal advice from our knowledgeable Ventura gun charges lawyer, who is well-versed in gun laws and regulations.
What are the Common Firearm Charges in California?
California state law strictly regulates what types of guns can be legally owned. The magazine’s size, the barrel’s length, and whether or not the gun is automatic are just a few examples of what can make a gun illegal. A competent Ventura gun charge lawyer can help you understand the nature of these charges.
Gun charges are often made in addition to other charges. The California Penal Code lists several firearms violations. Many gun charges could apply to your specific case. Some of the most common gun charges include:
Brandishing a Deadly Weapon
Under California Penal Code 417, it is unlawful for an individual to draw or display a deadly weapon in a rude, angry, or threatening way in the presence of another person and not in self-defense or defense of someone.
Brandishing a firearm may be a misdemeanor or felony. As a felony, the penalty is up to a year in jail and a 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.
Possession of a Firearm
The California Penal Code 29800 PC defines “possession” as:
- Owning
- Receiving
- Purchasing
- Has in possession or under custody or control
According to California law, the following people are prohibited from owning or possessing a firearm:
- Any person convicted of a felony
- Certain misdemeanor convictions
- Is addicted to a narcotic drug
- People under the age of 21, with certain exceptions
- A person found mentally incompetent to stand trial or not guilty because of insanity
- A mentally disordered sex offender
Assault with a Firearm
Assault with a firearm is a type of criminal offense that the prosecutor will file if you allegedly used a gun or a firearm in the commission of an assault crime. Furthermore, 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.
Discharge a Firearm
It is unlawful for a person to willfully discharge a firearm in a grossly negligent manner which could result in injury or death to a person. If you discharge a firearm during the crime, the penalties could be increased. You will face additional charges when someone is hurt or killed during the commission of a crime.
In addition, if a gun is used illegally, the police may confiscate the weapon and destroy it. Therefore, you may not get the weapon back, even if you obtained it lawfully.
Firearm Enhancements
The use of a firearm in connection with another criminal act usually subjects the defendant to significant penalty enhancement. For example, gun charges could accompany charges of aggravated assault, burglary, robbery, or attempted murder.
Enhanced sentencing applies when you possess a gun or ammunition during a felony. Misdemeanors can become felonies, a short prison term can quickly become years longer, and probation can become prison time if the prosecution charges the defendant with a gun enhancement.
What are the Penalties for Gun Charges in California?
The penalties of a gun charge 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.
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.
Brandishing a firearm may be a misdemeanor or felony. As a felony, the penalty is up to a year in jail and a 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.
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.
What Factors Can Affect My Case?
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. Because a conviction for a weapons charge in California can potentially impact the rest of your life, any type of firearms charge must be taken very seriously. A top-ranking gun charges attorney in Ventura, CA can help you fight against the allegations and avoid these harsh penalties.
- 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 discharge 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.
What are the Defenses Against a Gun Charge in California?
Various defenses are possible when facing weapons charges. When gun charges are part of another crime, try to eliminate enhanced penalties by overcoming the original felony charge. A strong legal representation from a skilled Ventura gun charges attorney is essential in reducing gun charges.
Depending on the circumstances, some available defenses may include:
- Defense of yourself or defense of others – You only carried said firearm out of fear for safety.
- Lack of knowledge – You were not aware the gun was on you, or you were unaware that it was loaded.
- Police misconduct – Gun was found illegally through violation of the fourth amendment.
- Not guilty of assault – While you may have had a weapon in your possession, you made no attempt or threat to use your weapon.
Call Our Experienced Gun Charges Attorney Now!
Gun charges are complex, and each case is unique. Being accused of these criminal charges can be devastating to you and your family. A conviction can result in you being sentenced to prison and having a permanent criminal record. If you or a loved one is facing gun charges, it is essential to work with our seasoned Ventura gun charges attorneys at David Lehr Law as soon as possible. Our criminal defense law firm will closely review the details of your situation to determine legal options.
The Law Offices of David Lehr provide 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.
We are here to listen, to help, and to fight for your future. Give us a call today and schedule an initial consultation with our California criminal defense attorneys. We can provide you with a free case review.
