California weapons charges can come with extremely harsh penalties, so if you have been charged with a weapons offense, it is important that you speak to an experienced Riverside weapons charge attorney as quickly as possible. This is not a time when you should attempt to handle criminal charges on your own. When you have a highly skilled attorney, you have an advocate who will fight for your rights and for your future.
The Greenberg, Greenberg & Kenyon lawyers began their legal careers as prosecutors. This gives them the ability to know exactly how the prosecutor will handle your case as well as what it will take to negotiate reduced charges or reduced sentencing. Once you have a knowledgeable Riverside gun charge attorney, you have taken a crucial step toward the best outcome possible for your charges.
What Are Possible Weapons-Related Charges in California?
California has a variety of criminal charges related to the use of a firearm. Additionally, there are sentencing enhancements for using a gun or another type of weapon in the commission of another crime. The strict gun laws in the state can make it common for those who had no intention of committing a weapons violation to find themselves facing charges involving firearms.
Possessing a firearm illegally is perhaps the most common weapons charge in the state. Under certain circumstances, this offense can be a wobbler. The circumstances surrounding the charges will determine whether the offense is charged as a misdemeanor or a felony. The determination of whether the offense will be charged as a misdemeanor, or a felony will also depend on the kind of weapon used and the defendant’s past criminal record.
The type of weapon involved, as well as whether the defendant’s intent is clear, will also play into the determination of whether the offense is charged as a misdemeanor or a felony. A misdemeanor conviction for illegal possession of a firearm could result in jail time as long as a year, and a fine as large as $1,000. A felony conviction for illegal possession of a firearm can result in one to 20 years in prison. Other types of weapons charges in California include:
- Gross Negligent Discharge of a Firearm (PC 246.2) is a criminal offense when such discharge could cause the injury or death of another person. The discharge of the gun must have been willful, rather than accidental, and there must be gross negligence involved rather than simple negligence.
- Assault with a Firearm (PC 245a) is an attempt, combined with a present ability to carry out that attempt, to inflict physical injury on another person using a firearm. Firing a gun into a crowd without the intent to target a single person can still be charged with assault with a firearm.
- Firearm Possession in Prohibited Places (PC 626.9) makes it illegal to possess a firearm in certain places such as schools (public and private), government buildings, the governor’s mansion, airports and passenger vessel terminals, and public transportation facilities.
- Possession of Prohibited Firearm Types (PC 16590) makes the following “prohibited” weapons: camouflaged or disguised firearms, short barrel shotguns or rifles, zip guns, can guns, and wallet guns. Possession of assault weapons is banned under a separate statute (PC 30600). Gun silencers, stun guns, armor-piercing ammo, and laser scopes are also prohibited. The offense of Violation of the Possession of Prohibited Firearm Types can be a misdemeanor or a felony.
- Brandishing a Weapon (PC417) involves drawing a gun, waving or exhibiting it, or displaying it in a threatening manner. Even if you had no intent to actually fire the gun, you can still be found guilty if you brandished the gun in a threatening manner.
- Carrying a Loaded Firearm in Public (PC 2580) is illegal in the state when the gun is on your person or in your vehicle. Even if the gun is non-functional, if it is loaded, you could still face these charges, although the prosecutor must prove that you were aware the gun was loaded.
- Drive-by Shooting (PC 26100) involves discharging a firearm from a motor vehicle.
- Shooting at Inhabited or Occupied Buildings or Vehicles (PC 246) involves shooting at a building or vehicle where someone lives, even if they are not in the home or vehicle at the time.
- Felony Possession of a Firearm (PC 29800) can be charged when a defendant has a prior felony on his or her record, or who is addicted to drugs. In certain cases, those convicted of a felony will lose their right to own a firearm for ten years, and in other cases, that loss could be for life. A minor with a felony-level weapons conviction can be banned from owning a gun until the age of 30.
In addition to specific gun crimes, there are also sentencing enhancements that can increase the penalties for other California crimes when a weapon is used in the commission of the crime. The use of a weapon during another crime could add one to 10 years of incarceration to the sentence for the underlying offense. If a banned type of firearm is used, the enhanced penalty will be on the high side.
Under PC 12022.53, when a murder, rape, robbery, sex crime, kidnapping, carjacking, or other serious felony is committed with a gun, ten years can be added to the sentence for the underlying crime. If the gun was actually fired, 20 years can be added and if someone was killed or severely injured when you fired the gun, 25 years can be added to the sentence for the underlying crime.
What Are the Possible Penalties for Being Charged with a Weapons Crime?
A conviction for felony possession of a firearm is a misdemeanor offense, with penalties of up to a year in county jail and a fine as large as $1,000. Felony possession of a firearm becomes a felony if the defendant has a prior weapons felony, the gun was illegally possessed or stolen, or the defendant was a gang member. In these situations, the sentence can range from 16 months to three years in prison.
Carrying a loaded firearm in public has the same penalties as illegally carrying a concealed firearm, although you can be charged with both crimes and be given both penalties if convicted. If there are no aggravating factors, these offenses are misdemeanors punishable by up to a year in jail and a fine as large as $1,000. The offense can be a wobbler, charged either as a misdemeanor or a felony. The felony is punishable by up to three years in prison. Firearm possession in prohibited places can result in up to seven years of jail time. Possession of prohibited firearm types as a misdemeanor is punishable by three to 12 months in jail. As a felony, it is punishable by 16 months to three years in jail.
Brandishing a weapon is a wobbler that will be charged as a felony or misdemeanor, depending on the specifics. If charged as a misdemeanor, the penalties range from three months to one year in jail and a $1,000 fine. As a felony, penalties range from 16 months to three years in state prison. Drive-by shootings can be either misdemeanors or felonies. A felony conviction for the drive-by shooting has penalties from 16 months to seven years in state prison and a fine as large as $10,000 fine.
Penalties for assault with a firearm depend on the type of weapon used. If a machine gun or assault weapon was used, the penalties range from four to 12 years in state prison. If a semi-automatic pistol is used, the penalties range from three to nine years in state prison. Shooting at an inhabited building is a felony offense, punishable by three to seven years in state prison.
Gross negligent discharge of a firearm can be charged as a misdemeanor or felony. For a misdemeanor charge, penalties include up to one year in county jail, summary probation, and/or fines as large as $1,000. If gross negligent discharge of a firearm is charged as a felony, the penalties include felony probation, 16 months, two years, or three years in county jail, and a fine as large as $10,000.
What Are Common Defenses for Riverside Weapons Charges?
While your specific defense will depend on the facts and circumstances of your weapons charge, the following defenses are commonly used:
- You have a valid conceal-carry license, and you were legally allowed to possess or carry the weapon while concealed.
- The weapons offense was in defense of yourself or others, and you used only enough force to avert the danger.
- You are actually innocent of the charges, i.e., you were misidentified or had a solid alibi.
- Your civil rights were violated during your arrest or officers continued questioning you after you requested an attorney.
- Lack of knowledge—the gun was planted, or you were unaware it was loaded.
- The search and seizure were illegal.
How Greenberg, Greenberg & Kenyon Can Help
When you have been charged with a California weapons charge, you need a skilled Riverside gun charge attorney to take charge of your defense. At Greenberg, Greenberg & Kenyon, we understand that you are at an immediate disadvantage when you face a California state prosecutor with virtually unlimited resources. Because juries can be quick to assume guilt, you need an experienced attorney who can increase your odds of a good outcome. Our solid reputation, experience, and compassion for your situation make Greenberg, Greenberg & Kenyon the smart choice. Contact us today for a free consultation to discuss your situation.
