Individuals facing gun crime charges in Sacramento and surrounding areas are likely feeling overwhelmed and unsure of the steps to take next. Gun crimes are highly criminalized in California due to the potential danger of these weapons, with the potential to have a pervasive impact on the lives of defendants. If you have been charged with a gun crime, a Sacramento gun crimes lawyer from Tully & Weiss can provide you with critical legal knowledge and support.
A Rundown of California’s Gun Laws
California’s gun laws are highly comprehensive, covering various firearm-related activities, from transportation to possession and use. Violations of California firearm laws can lead to criminal charges categorized as either misdemeanors or felonies. By working with a skilled gun crime lawyer to understand how California gun laws may apply to your case, you can protect your rights and work to successfully defend against any charges.
Firearm Ownership
To own a firearm legally in California, owners must be of a certain age (depending on the type of firearm), obtain a Firearm Safety Certificate and pass a background check. Gun owners in the state must also not have certain criminal offenses on their record, and not have a restraining order against them or be declared as mentally incompetent. Illegal firearm possession can result in harsh felony charges with severe associated criminal penalties.
Transportation of Firearms
Under California law, it is prohibited to carry a concealed firearm without having an adequate Concealed Carry Weapon (CCW) permit. Obtaining a CCW permit involves having to show you have a “good cause” for carrying the weapon and meeting other requirements. Individuals arrested for illegally carrying a concealed weapon could be charged with a misdemeanor or felony. The severity of the charges is dependent on factors like whether the gun was loaded.
Open carry of firearms in public places is generally banned in the state of California, with certain exceptions, such as in circumstances involving authorized personnel. Individuals charged with open carry of a firearm can be facing serious criminal charges, especially in densely populated regions like Sacramento, where gun laws are strictly enforced.
Using a Gun to Carry Out a Crime
Charges and associated penalties can be enhanced for crimes if a firearm is used to carry it out. Examples include drug trafficking, assault, and robbery crimes that are committed using a gun. If a gun is used as part of a felony crime and it leads to the injury or death of an individual, this can result in a prison sentence for life. As charges for such crimes are highly severe, it is critical to work with a skilled and experienced lawyer who can help you build a strong defense.
Banned Firearm Ownership and Illegal Weapon Sales
Assault weapons and high-capacity magazines, those that hold over ten rounds of ammunition, are banned in the state of California. Violation of these laws can result in severe charges. Furthermore, illegally selling, transferring, or distributing firearms is highly criminalized in California. For example, buying a firearm on behalf of another individual can lead to hefty fines, long prison sentences, and a loss of gun ownership rights.
Defend Against Your Gun Crime Charges
Whether you are facing misdemeanor charges for possession or more serious felony charges for firearm trafficking, it is critical to work with an experienced gun crimes lawyer who can help you successfully defend against your charges. A Sacramento gun crimes lawyer from Tully & Weiss can help you leverage critical legal strategies, such as claiming unlawful search and seizure or mistake of fact. Together, we can fight your charges.
FAQs:
Common gun crimes in California include transporting a concealed weapon without having a proper permit, illegally possessing a gun, assault with a deadly weapon, brandishing a gun, and felon in possession of a firearm. As California has strict gun laws in place to improve public safety conditions, violations of these regulations can lead to serious consequences and penalties, including jail time and serious fines.
The penalty for carrying a concealed weapon without having an adequate permit is typically up to one year in jail, in addition to fines and the possibility of probation, as this crime is typically classified as a misdemeanor. Under certain circumstances, however, the crime may be classified as a felony, resulting in more severe penalties. For example, if the defendant has a criminal history or is part of a street gang, the crime may be classified as a felony.
If you are arrested for a gun crime in California, it is important to exercise your right to remain silent. Do not answer questions posed by law enforcement without having a skilled attorney present. As soon as you are able, reach out to an experienced California gun crimes lawyer. They can help you understand the charges you are facing and any relevant rights you have. Navigate the legal situation according to your lawyer’s recommendations.
After being convicted in California, you may be able to restore your gun rights. Various legal tactics can be leveraged to restore gun rights, such as getting your criminal record expunged or having your felony conviction reduced to a misdemeanor. It is important to note, however, that some felony convictions and violent crimes can lead to permanent prohibition of the right to own a gun. A skilled attorney can help you understand your options for restoring gun rights.
Reach Out to a Sacramento Gun Crimes Lawyer to Protect Your Rights and Interests
If you are facing charges for a gun crime in Sacramento or the surrounding areas, an experienced Sacramento gun crimes lawyer from Tully & Weiss can help you navigate the criminal defense process. A lawyer from our firm is here to understand your case details, inform you of your rights, and help you mount a strong defense against the charges you are facing. Contact us today to start crafting your defense strategy and fighting for a positive outcome.