California is known for having some of the strictest weapons laws in the United States. While these laws are aimed at reducing gun violence, it also means that individuals who are caught with certain weapons face severe penalties.
If you live in Los Angeles and are being charged with a weapons violation, it can be a scary and overwhelming time. However, working with an experienced criminal defense attorney can help you navigate this difficult situation.Definition of Weapons Charges in California
Weapons charges in California refer to criminal offenses related to the possession, use, sale, or transport of firearms or other deadly weapons that are prohibited by state law. Such charges can result in serious consequences, including hefty fines, imprisonment, and a criminal record. In addition to state laws, there are also federal laws governing the possession and use of firearms.What are California's Gun Laws?
- Penal Code section 16590 - This statute defines what firearms are considered illegal in California, including assault weapons, machine guns, and short-barreled shotguns and rifles.
- Penal Code section 29800 - This statute prohibits individuals with certain criminal convictions or mental health issues from possessing firearms.
- Penal Code section 32310 - This statute prohibits the possession of magazines that can hold more than 10 rounds of ammunition.
- Penal Code section 246 - This statute makes it a crime to shoot at an inhabited dwelling, vehicle, or aircraft.
- Penal Code section 12020 - This statute prohibits the possession of certain types of weapons, including brass knuckles, switchblades, and billy clubs.
These are just a few of the many statutes related to weapons violations and charges in California. It’s important to consult with an experienced criminal defense attorney who can provide you with specific information and guidance based on your case.What Types of Firearms are Prohibited in California?
California law prohibits the possession of many types of firearms. When someone is charged with possession of an illegal firearm, it usually refers to one of the firearms listed below.
- Assault weapons: California law defines an assault weapon as a semiautomatic firearm that has certain features, such as a detachable magazine, pistol grip, and flash suppressor.
- High-capacity magazines: It is illegal to possess a magazine that can hold more than 10 rounds of ammunition.
- Undetectable firearms: It is illegal to possess firearms that are not detectable by metal detectors or x-ray machines.
- Unregistered firearms: All firearms in California must be registered with the state.
- Short-barreled rifles or shotguns: California law prohibits the possession of rifles or shotguns with a barrel length of fewer than 16 inches or an overall length of fewer than 26 inches.
If you are facing weapons charges in California, contact a lawyer experienced in California firearms violations. William Kroger is a skilled Los Angeles criminal defense lawyer who has extensive experience defending clients against weapons charges. Contact our office today to schedule a free consultation and protect your rights.Which Firearm Accessories are Banned in California?
California laws prohibits the possession of certain firearm accessories, including:
- Bump stocks: These are devices that can be attached to a rifle or handgun to increase the rate of fire.
- Silencers: It is illegal to possess a silencer or sound suppressor without a permit.
- Armor-piercing ammunition: It is illegal to possess or use ammunition that is designed to penetrate metal or armor or has a steel core.
It’s illegal to possess certain types of firearms as we discussed earlier. Possession of an illegal firearm can result in serious criminal charges and penalties, including fines, imprisonment, and loss of the right to own firearms.Carrying a concealed weapon
It is illegal to carry a concealed firearm in California without a valid permit. Carrying a concealed weapon without a permit is a serious offense that can result in criminal charges and penalties.Assault with a deadly weapon
Assault with a deadly weapon is a serious crime in California that can result in significant criminal penalties, including imprisonment. A deadly weapon can include a firearm, a knife, a blunt object, or any object that can be used to cause serious injury or death.Felon in possession of a firearm
It is illegal for a convicted felon to possess a firearm in California. If you have been convicted of a felony in California or any other state and are found to have a firearm, you could face serious criminal charges, jail time, and penalties.Possession of a weapon on school grounds
California Penal Code Section 626.10 prohibits bringing or possessing a firearm or other deadly weapon onto school grounds. This includes both public and private schools, from elementary schools to universities. The statute also prohibits possessing ammunition or any other item that could be used to cause bodily harm on school grounds. Violation of this law can result in serious criminal charges and penalties.Brandishing a weapon
Brandishing a weapon means displaying a firearm or other deadly weapon in a way that causes fear in another person, and it is illegal under California law. California Penal Code Section 417 prohibits the brandishing of any firearm, whether loaded or unloaded, in a way that is likely to cause fear or harm to another person. The statute also includes other weapons, such as knives and clubs, that may be used to cause injury.
It's important to note that each weapons charge is unique and can have different legal and factual issues that may affect the outcome of a case. If you are facing a weapons charge in California, it is important to seek the advice and representation of an experienced criminal defense attorney who can help you understand the charges against you and develop a strong defense strategy.What are Some Weapons Violations in California?
Facing a weapons charge in California can be a daunting and stressful experience. It is important to understand the potential penalties associated with such charges to make informed decisions when choosing a defense attorney to represent you.Possible Terms of Imprisonment of weapons violations in California
The length of imprisonment for a weapons charge in California depends on the specific charge and the circumstances of the case. A misdemeanor conviction for carrying a concealed weapon, for example, can result in up to one year in jail, while a felony conviction for assault with a deadly weapon can carry a prison sentence of up to four years.
Possession of an illegal firearm can result in up to three years in prison for a misdemeanor charge, and up to ten years for a felony. A conviction for being a felon in possession of a firearm can carry a sentence of up to three years in jail or state prison.Fines for Weapons Violations in California
In addition to imprisonment, fines are also common penalties for weapons charges in California. The fines can vary depending on the type of charge but generally range from hundreds to thousands of dollars. For example, a misdemeanor conviction for carrying a concealed weapon can result in a fine of up to $1,000, while a felony conviction for assault with a deadly weapon can carry a fine of up to $10,000. Possession of an illegal firearm can result in a fine of up to $1,000 for a misdemeanor charge, and up to $10,000 for a felony.Probation for Weapons Violations in California
Probation is another potential penalty for a weapons offense in California, and it can range from summary probation to formal probation. Summary probation typically lasts one to three years, while formal probation can last up to five years or more. During probation, the defendant must comply with certain conditions such as reporting to a probation officer, not committing any other crimes, and completing community service or counseling.Loss of Firearm Rights for a Weapon Violation
A conviction for a weapons charge in California can also result in the loss of gun rights. For example, a conviction for a felony charge related to a weapon can result in a lifetime ban on owning or possessing firearms. A misdemeanor conviction for certain weapons charges can also result in a 10-year ban on owning or possessing firearms. This loss of firearm rights can have a significant impact on a person's life, especially if they are in a profession that requires the use of firearms.
It is essential to seek the help of a knowledgeable and experienced criminal defense attorney if you are facing a weapons violation charge in California. An attorney can explain your legal options, help you understand the potential penalties associated with your charge, and work to protect your rights and defend your case.Do I Need a Weapons Charges Defense Attorney? Number One Recommended Criminal Defense Attorney in Los Angeles William Kroger
When facing weapons charges in California, it is essential to seek the guidance of an experienced and knowledgeable criminal defense attorney who understands the nuances of the state of California's complex gun laws.
William Kroger has a proven track record of successfully defending clients against a wide range of weapons charges, including illegal possession, use, sale, and distribution of firearms.
With over 25 years of experience, he knows how to navigate the legal system and build a strong defense strategy that can help minimize the potential consequences of a weapons charge. By hiring William Kroger as your weapons charge defense attorney, you can rest assured that you are in good hands and that your rights will be protected throughout the legal process.
Don't wait until it's too late to get the legal representation you deserve. Contact William Kroger today at 323-655-5700 or online to schedule a consultation and take the first step toward securing your future.
- Carrying a Concealed Firearm Without a Permit
- Constructive Possession
- Gun Crime
- Gun Possession / Ownership and Medical Marijuana
- Illegal Sale of Firearms
- Negligent Discharge of a Firearm
- Possessing While Armed
- Straw Purchasing
- Using A Skateboard As A Weapon
- What Happens if I Get Caught with a Gun While Flying?