5 Types of Weapons Charges a Los Angeles Lawyer Handles

Defense lawyers in California handle different cases that involve the strict weapon laws of the state. Some of the common charges are carrying a concealed weapon, possession of an assault weapon, assault with a deadly weapon, etc.

The weapon regulations of California are one of the strictest and highly regulated in the USA. The key considerations that the state encompasses are extensive background checks, a 10-day waiting period, and strict classification criteria. An experienced criminal defense attorney needs to evaluate all the available evidence to establish a perfect strategy.

This article points out the main types of weapon charges in Los Angeles.

What are the Major Types of Weapon Charges in Los Angeles?

Here are the five types of weapon charges that specialist lawyers in Los Angeles (abogados penalistas en los angeles) handle.

1. Carrying a Concealed Weapon without a Permit

Keeping a concealed firearm without a concealed carry permit is a legal offense under Penal Code 25400. Whether you carry the weapon with you or keep it hidden inside your car, you need a Concealed Carry Weapon (CCW) permit.

Violating these lands you in trouble. Depending on the circumstances and prior offences, this can be a felony or a misdemeanor. The penalties are fines, probation, and up to 3 years in state prison.

How a Lawyer Helps: A criminal defense lawyer examines the key details, thereby trying to dismiss or lower the charges. Often, attorneys challenge whether the driver was aware of the presence of the vehicles inside the vehicle. Also, they try to establish that the police have executed an illegal vehicle search.

2. Possessing a Loaded Firearm in Public

As per PC 25850, carrying a loaded gun is illegal in public places in California if you do not have a valid permit. The offense becomes more severe if the individual is a convicted felon.

Under California law, a firearm is considered loaded even if a bullet is not properly placed but attached to it via a clip. If you are proven guilty, you might have to pay a fine or can be put behind bars.

How a Lawyer Helps: To cancel or reduce the charge, a weapons charges Lawyer in Los Angeles tries to put forward that the weapon was not accessible. What makes this a good defense ground is that the client is proven to lack knowledge of the ammunition. Also, they can prove that you were in immediate danger.

3. Felon in Possession of a Firearm

Penal Code 29800 makes it illegal for specific individuals to carry firearms. Here, the person can be a convicted felon, an individual with restraining orders, or the one who has been prohibited by federal or state law.

If you carry firearms under any of these conditions, you will be charged with a felony crime. Hence, you might end up being in jail for a maximum of three years. If you have any prior felony convictions, penalties can increase.

4. Assault with a Deadly Weapon

Being one of the most severe charges, this refers to carrying out an assault by using a deadly weapon. According to Penal Code 245, if someone tries to use a deadly weapon to cause great bodily injury then it is a serious offence.

Apart from firearms, the other inclusions under weapons are a knife, brass knuckles, etc. This is a serious wobbler, and the punishment ranges from county jail time to a maximum of 12 years in state prison.

How a Lawyer Helps: To deal with such charges, specialist lawyers in Los Angeles (abogados penalistas en los angeles) challenge the prosecution’s evidence or negotiate plea deals to decrease charges. Moreover, they raise affirmative defenses like lack of intent, self-defense, or factual impossibility.

5. Brandishing a Weapon

Referring to Penal Code 417, brandishing refers to a crime of drawing, possessing, or unlawfully using a firearm in a threatening manner in the presence of someone else. This charge implies that you have not done the act in defending yourself.

This charge is mainly considered a misdemeanor. You might have to pay a hefty fine or stay in jail for a maximum of a year.

How a Lawyer Helps: A weapons charges Lawyer in Los Angeles mainly establishes the defense strategy based on the self-defense ground. The other grounds are lack of intent and proving that the weapon was not so deadly.

Wrapping Up

California has one of the toughest weapon regulations as compared to other US states. Lawyers deal with different charges, like assault with a deadly weapon, felon in possession of a firearm, carrying a loaded firearm in public, etc.