Weapons - Rizio & Nelson

California weapons charges are very serious, and most offenses carry hefty fines and the addition of significant jail/prison terms. Under California’s Three-Strikes Law, these punishments become more harsh.

	Possessing a Gun Concealed, loaded or otherwise without a permit
	Possessing a Firearm by an Ex-Convict concealed, loaded or otherwise without a permit
	Possessing an Assault Weapon
	Possessing an Illegal Weaponknives, daggers, brass knuckles, unchucks or other martial arts weapons
	Brandishing a Firearm
	Discharging a Firearm
	Selling a Firearm unlawfully
	Using a Gun in the commission of a crime assault, robbery, violent crimes, and/or drug offenses

Guns are NOT the only kinds of weapons charged as weapons charges.

California criminal law describes the term “deadly weapon” very roughly and includes the kinds of weapons listed above plus many others including box cutters, tear gas, a car, or your own fist, as well as seemingly harmless items such as keys, if used to hurt someone.

California Gun Laws

Gun or weapon charges are relentlessly prosecuted in the state of California. Most weapons carry the possibility of incarceration, hefty fines, and a criminal record that can make it nearly to find employment and housing. Weapons charges are a felony under California law, but possession can be classified as a misdemeanor in several cases. The punishment will vary depending on the situation, including:

	The type of weapon
	How it was used
	Whether it was loaded/hidden
	The defendant’s criminal record, drug record, and/or drug use at the time of arrest
	Any mitigating factors that might affect the sentence

California uses a “determinate” sentencing system to put forward diverse kinds of punishment, depending on the individual circumstances of the crime.

With a felony weapons offense charge and a prison term, the judge will sentence one of three prison terms—“low term,” “mid-term,” or “high term.” For instance, for an assault with a weapon, the low term is 48 months in a state prison, the mid-term is eight years, and the high term becomes twelve years. With no prior criminal record, the sentence would almost certainly be the low term of 48 months.

For a misdemeanor, the maximum sentence is typically a fine and up to 12 months incarceration in a county jail.

Defenses for Weapons Offenses

Many weapons arrests are made based on evidence gathered during searches, seizures, and witness examinations. If law enforcement officers conducted an unlawful search (including searching your home or your automobile), or, if they obtained testimony against you unlawfully, an experienced attorney may be able to get the evidence dismissed on constitutional grounds.

A knowledgeable attorney will also need to determine whether the weapon was used in:

1. Self-defense or defense of property,
2. Prevention of a life-threatening crime (such as murder or rape), whether targeted at the defendant or someone else, or
3. An accident (unintentional)

If you’ve been charged with a weapons offense in the Inland Empire region, you need an experienced California weapons attorney to protect your rights. The Inland Empire’s premier weapons lawyer will work to ensure:

1. proper filing any/all obligatory court motions, including motions to suppress evidence
2. Interviewing all witnesses involved in the case
3. Collecting supporting evidence for you
4. Arguing for charge reduction
5. Lesser plea/sentence negotiation when necessary
6. Trial preparation
7. Arguing for alternative sentencing, like house arrest/electronic monitoring, work furlough, weekends in jail, and/or community service

Contact the Inland Empire weapons lawyers today for a free consultation. The weapons attorneys are available 7 days a week, 24 hours a day.