An Alameda County Gun Charge Lawyer Can Fight For You
California has some of the strictest firearm laws in the country, and prosecutors take gun charges very seriously. While the Second Amendment guarantees the right to bear arms, California enforces strict restrictions on owning, carrying, and using firearms. Violating these laws can lead to serious criminal charges and the loss of your rights. For many defendants, the consequences of a conviction can last a lifetime.
Long after serving your sentence and paying fines, you may still face the stigma and loss of constitutional rights that come with a gun conviction. Contacting an experienced Alameda County gun charge lawyer gives you the best chance of avoiding a conviction and achieving the outcome you deserve.
Common Gun Charges in California
The State of California recognizes a number of gun-related criminal offenses. Some involve the possession of a weapon, while others focus on how guns are used. Our firm can help you fight any of the following charges.
Felon in Possession of a Firearm
California Penal Code § 29800 makes it a felony for anyone convicted of a felony, addicted to narcotics, or subject to certain restraining orders to own or possess a firearm. A conviction can result in up to three years in state prison. This law applies even if the firearm was not used in a crime and was simply found in someone’s possession.
Carrying a Concealed Weapon
Under Penal Code § 25400, carrying a concealed firearm without a valid permit is a crime. This applies whether the firearm is hidden on your person, in your vehicle, or within reach. Depending on the circumstances, this offense can be charged as either a misdemeanor or a felony.
Carrying a Loaded Firearm in Public
California Penal Code § 25850 prohibits carrying a loaded firearm in public without lawful authority. This law applies regardless of whether the weapon in question was visible or concealed on your body. If you are found guilty of carrying a loaded weapon in public, you could be charged with either a misdemeanor or a felony.
Unlawful Discharge of a Firearm
Negligently firing a gun is prohibited under Penal Code § 246.3. A common example is discharging a firearm into the air during a celebration. While the gun may not be aimed at anyone, such conduct is considered highly dangerous.
Assault with a Firearm
Under Penal Code § 245(a)(2), assault with a firearm is a serious felony. The state will prosecute this offense when someone either uses or threatens with a gun during a criminal assault. You can be charged with assault with a firearm even if no shot is ever fired.
Possessing an Assault Weapon
California bans the possession, sale, or manufacture of certain assault weapons under Penal Code § 30600. If you are found guilty, you could spend as much as eight years in prison on top of any other penalties the judge hands down.
The Consequences of a Gun Conviction
You could face serious consequences if you’re convicted of a gun charge. These charges are usually felonies, which can lead to hefty fines and long prison terms. Although the maximum sentence varies depending on the specific offense, other factors can influence the outcome. For instance, your prior criminal record may affect the length of your sentence.
In addition to the penalties handed down by a judge in your case, there are also collateral consequences to consider. Having a conviction on your record can make it difficult to find employment or secure suitable housing. If you are convicted of a felony, you could lose your right to vote in elections or own a firearm. These consequences may not be part of the formal sentence, but they are still impactful.
What Defense Strategies Are Available in a Gun Case?
While gun laws are strict, not every arrest results in a conviction. The right strategy could make all the difference in your case. At Berkowitz Law, we can review the allegations against you and determine the best possible strategy:
Unlawful Search and Seizure
The Fourth Amendment to the Constitution protects you from unreasonable searches and seizures. If the police fail to follow constitutionally protected search and seizure procedures, a firearm charge may be dismissed even if an illegal firearm was found. Your defense attorney can review police reports and other documents to see if your rights were violated. If a judge finds that the firearm was seized illegally, the prosecution might reduce or dismiss the charges against you entirely.
Lack of Knowledge
California law requires the prosecution to prove not only that a defendant possessed a firearm but also that they knew it was in their possession. In many cases, a gun may be found in a shared home, a borrowed vehicle, or a location accessible to multiple people. Merely being near a firearm does not establish knowledge or intent to possess it.
For instance, if police discover a handgun in the trunk of a car with multiple passengers, prosecutors must establish who actually knew the gun was there. A defense lawyer may present evidence showing that the defendant was unaware of the weapon or that it belonged to someone else. Testimony, forensic evidence such as fingerprints, or the absence of personal belongings near the firearm can all raise doubt. By undermining the prosecution’s ability to prove knowledge, this defense can prevent a conviction or at least lessen the severity of the charges.
Self-Defense
In some cases, the use or possession of a firearm can be legally justified. California law recognizes the right to self-defense when someone reasonably believes they are in imminent danger of being killed or severely harmed. This defense may apply not only when a firearm is fired but also when it is carried or displayed in response to a threat. For example, if a person carries a firearm without a permit but does so to protect themselves immediately from an attacker, the situation may support a self-defense claim.
Similarly, if shots were fired to prevent harm, the defense may demonstrate that the force used was proportionate to the threat faced. Courts evaluate whether the perception of danger was reasonable under the circumstances. While self-defense does not excuse every violation of firearm law, it can provide a compelling justification that reduces or eliminates criminal liability.
Insufficient Evidence
Proving that you committed a gun-related crime is no small feat. The state is held to a high burden of proof, meaning you can only be convicted if prosecutors can prove beyond a reasonable doubt that you are guilty of a firearm offense. Because of this high burden, the right approach is often to focus on the weakness of the state’s case.
FAQs About Gun Charges in California
Can I own a firearm if I have a felony conviction?
No. California Penal Code § 29800 prohibits felons from owning or possessing firearms. Violating this law is itself a felony offense.
Are assault weapons legal in California?
Assault weapons are banned according to California law. The state makes it illegal to sell, manufacture, or own these types of weapons in most cases.
Can I be charged at the state and federal levels for the same incident?
Yes. If a case involves federal law, such as possessing a firearm that crossed state lines or possession during drug trafficking, federal prosecutors may file charges in addition to state cases.
Talk to Berkowitz Law Today
California’s gun laws are strict, and violations carry heavy penalties. The good news is that you can defend yourself against these charges with the help of an Alameda County gun charge lawyer. If you are ready to fight these charges, reach out today to learn how we can help.