A Sonoma County Firearm Charge Attorney Can Help You
Firearm charges in California are serious, and prosecutors do not treat them lightly. Even a first-time offense can lead to serious consequences that follow you for the rest of your life. Facing the risk of jail time is never easy, but it’s important to remember that you have the right to fight back against these charges.
A Sonoma County firearm charge attorney can review the facts of the case and help you build a winning defense. At The Law Offices of Andres Rico, P.C., we understand how important your case is. Reach out right away for a private consultation.
Types of Firearm Crimes in California
California has some of the strictest firearm laws in the country, with criminal statutes that apply to how these weapons are carried, possessed, used, or sold. A firearm charge attorney could defend you from the following:
Unlawful Possession of a Firearm
Under California Penal Code § 29800, certain individuals cannot legally possess firearms. This includes people with felony convictions, some misdemeanor convictions, or active restraining orders.
What many people don’t realize is that you can be arrested on this charge without ever firing the weapon or even carrying it in public. Simply owning a gun when you’re not allowed to is a crime.
Carrying a Concealed Weapon
California Penal Code § 25400 makes it illegal to carry a concealed firearm on your person or in a vehicle without a valid permit. This charge often comes up during traffic stops when officers search a vehicle or make an arrest for an unrelated crime. If you don’t have a license for it, a concealed weapon can lead to criminal charges.
Carrying a Loaded Firearm in Public
It is also illegal to carry a loaded firearm in public without authorization. For example, police and other law enforcement members have the right to carry loaded weapons. Private citizens, on the other hand, can be charged, even in cases where they didn’t realize the gun was loaded.
Illegal Sale or Transfer of Firearms
There are strict limitations on the transfer of firearms. You could face charges whether you are making an unlicensed sale or selling a gun to someone you know personally.
What Are The Possible Penalties for a Gun Conviction?
There are multiple types of firearm offenses under California law, and each carries its own potential sentence. What matters is that each of these cases is serious, with the potential for the following consequences:
Jail Time
Gun offenses can be charged as misdemeanors or felonies. Misdemeanors may carry up to one year in county jail, while felonies can lead to multiple years in state prison. The most serious offenses could result in multiple years in a state penitentiary.
Fines and Other Costs
Courts can impose fines ranging from hundreds to thousands of dollars. In addition to base fines, you may face penalty assessments, court fees, and restitution.
Probation
In some cases, the court may grant probation instead of jail time. This gives you the chance to avoid jail time, but it comes with strict limitations on your life. A single misstep could end up requiring you to complete your sentence.
Loss of Rights
Being convicted of a gun crime can also impact your constitutional rights. This isn’t limited to felonies, as even a misdemeanor conviction could cost you the right to own a gun for 10 years under California law.
What to Expect From the Court Process
Regardless of the specific gun charge you face, you can expect to go through the process highlighted below:
- Arrest or citation: Law enforcement may arrest you or issue a notice to appear in court
- Arraignment: You will enter a plea and receive information about the charges
- Bail or release conditions: The court decides whether you remain in custody or are released
- Pretrial hearings: Attorneys argue motions, review evidence, and negotiate possible resolutions
- Trial: If no agreement is reached, the case proceeds to trial, where the prosecution must prove guilt beyond a reasonable doubt
- Sentencing: If convicted, the judge imposes penalties based on the law and facts of the case
A Sonoma County firearm charge attorney will guide you through each stage and make sure your rights are protected at every step.
Why It’s Important to Have a Defense Attorney
Gun charges often involve a host of complicated legal issues, any one of which could impact the outcome of your case. Missing even a small detail might be the difference between being convicted and walking away with a clean record.
We start by examining how the evidence was obtained to determine whether your rights were violated. If law enforcement seized evidence following an unlawful search, we may be able to have it excluded at trial.
One of the most important ways your attorney can help with your case is by negotiating with the state. Even if a conviction at trial is likely, your attorney may be able to help you secure a plea bargain to a lesser crime or even avoid jail time.
Talk to a Firearm Charge Attorney Today
You don’t have to face a weapons charge on your own. When you rely on the Law Offices of Andres Rico, you gain the peace of mind that comes with knowing your case is in experienced hands. Contact us today for a consultation with a Sonoma County firearm charge attorney.
FAQs
What are “Sentencing Enhancements” in California?
Sentencing enhancements are additional penalties added to a sentence when certain factors are present, such as the use of a firearm in another crime. These enhancements can significantly increase the amount of time spent on a sentence.
I have a prior conviction; can I be charged for just being near a gun?
Being near a gun on its own might not be a crime, but the state can charge you for having control over one. The police could arrest you for being near a gun that isn’t yours.
Can a firearm charge be expunged?
Some misdemeanor and certain felony convictions may be eligible for expungement after you complete probation. Expungement does not restore firearm rights, but it can improve employment opportunities.