In California, there are a number of various weapons offenses that a person might be charged with. The legal consequences of a weapons charge can range in severity from a misdemeanor to a felony and should never be taken lightly. The type of charge that a person faces is dependent on what they were doing with the weapon, whether or not they had possession permission and if they committed a crime while using the weapon. Most weapons charges are felonies, however, some can be misdemeanors.
From Brian’s interview for the Masters of the Courtroom series on ReelLawyers.com.
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Weapons offenses you might face:
- Illegal possession
- Committing a crime while in possession of a weapon
- Possession of a concealed weapon, loaded or unloaded
- Unlawful discharge of a firearm
- Unlawful sale of a firearm
- Possession of an assault weapon
- Committing a felony while in possession of a firearm
No one defense is best
There is no one blanket defense to a weapons crime. Since each case is unique, a winning defense has to be built around the circumstances of the case and the specific evidence against the defendant. All factors including whether or not the weapon was concealed or loaded or whether it was used while engaging in criminal activity will affect the consequences of being found guilty and, ultimately, the sentence handed down. With severe sentencing, you cannot rely on an attorney who approaches each case in the same way.
It takes an experienced lawyer who knows the best way to put together a viable defense by using all the available resources. Whether it is trying to find a loophole in the case, lessening charges through sentencing bargaining, or plea bargaining to get the charges reduced. That is why examining the charges, the procedures used upon arrest, and all other events in the case are so critical to reducing your charges, or, in some cases, even dismissing them.
Protecting your future
Being charged with a misdemeanor or felony weapons charge can significantly alter your future. If you have a criminal history due to a weapons charge, it can limit where you can live, where and in what capacity you can be hired and can even cause you to lose your right to possess firearms in the future.
With so much riding on being found innocent or guilty, it is critical that you have a professional attorney who will work tirelessly with you to find the best case defense for your unique circumstances. No one thing will determine your guilt or innocence if you are facing weapons charges. It takes someone who has experience and extensive knowledge in the area of weapons charges to find the best way to restore your freedom, your reputation, and your future.
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