Criminal charges are serious matters that require patience and expertise to navigate. If your charges are related to guns or weapons, locating a weapons charges lawyer in Buena Park is wiser than facing it alone.
Since California has an extensive amount of gun protection laws, your charges and legal options may be confusing at first. Don’t panic. The Simmrin Law Group is committed to protecting your rights and helping you return to normalcy as quickly as possible.
Gun Ownership Requirements and Restrictions in California
In California, gun purchasers have to provide proof of residency by presenting a utility bill, lease, deed, or form of government-issued identification. It has to be an alternate form of identification other than a driver’s license and a Handgun Safety Certificate (HSC), or demonstration must be completed.
There is no limit to how many guns one can own, but purchasing a gun is limited to just one weapon in a 30 day time frame. Loaded firearms are to be securely put away and locked, as felony charges can be given if a child kills or injures anyone with the loaded weapon.
Felons, those addicted to narcotics, or those guilty of misdemeanors listed in Penal Code Section 29805 are all prohibited from possessing or owning a gun. There are other firearm prohibited categories listed by the Department of Justice in California.
Is It Expensive to Hire a Gun Charges Lawyer?
The average hourly rate for a defense lawyer can range from $1,500 to $3,500 but experience is and the lawyer’s caseload are what increases the rate. For serious cases like a weapons charge, a criminal defense attorney that has legal tenure and a high success record may be less affordable but could save your case.
Weapons Charges and Penalties in Buena Park
Violation of California law for weapons charges often lead to jail time and expensive fines. A weapons charges lawyer in Buena Park can help if you’ve been accused of the following:
Selling Firearms
Anything that involves changing the ownership of a weapon is regulated by California gun laws. A person caught selling firearms without a license will be punished to six months in jail and charged a fine of $1000.
Carrying a Concealed Weapon
The court defines items such as rifles, tasers, scissors, beer bottles, knives, and clubs as weapons. Concealed means that the weapon was held hidden from view. If an object is concealed on your person or in your car, you can be fined $10,000 and given three years of jail time.
Brandishing a Weapon
Publicly displaying a weapon in a threatening way can lead to a high fines and three years in prison. If the gun is fired, you may be found in violation of Penal Code section 417 and charged with negligent discharge as well.
Legal Defenses for Weapons Charges
Having a smart defense is one thing, but hiring a skilled defense team is better. The prosecution will fight using circumstantial evidence. But if you have an experienced legal team, you are more likely to get a favorable outcome. Common defense tactics used for weapons charges are:
Self-Defense
It is the responsibility of your attorney to prove that you had reasonable belief to use a weapon in the moment. This justification is often caused by the need to protect oneself or others from immediate danger.
Lack of Knowledge
Since the prosecution has to prove beyond a reasonable doubt that the accused knew that they possessed the weapon, arguing lack of knowledge can be a credible defense depending on how, where, and if the weapon was retrieved.
Permitted to Carry a Concealed Weapon
Carrying a gun while having a valid carry concealed weapon (CCW) permit absolves the defendant from criminal liability. The charge will be dropped completely.
Illegal Search
When a weapon is found during a search, Fourth Amendment rights protect you from unreasonable searches and seizures. If a warrant, probable cause, or consent is not present during the search, all weapons seized will be deemed inadmissible.
Reduce a Weapons Charge
Weapons charges means a potential strike on your record. A way to avoid a strike is by taking a plea bargain for a lesser charge. These deals can be initiated by the prosecution but are not always beneficial to the defendant.
If there is a good chance that you’ll be convicted at trial, consult with a weapons charges attorney in Buena Park about your legal options.
Gun Free Zones in Buena Park
Open carry is permitted in specific areas and during certain times of the year. However, the following places are restricted areas where firearms are never allowed:
School Zones
This includes playgrounds, daycares, colleges, universities, or any school property even if you have a valid license to carry. Also, ammunition must be in a locked container.
Public Buildings
Places such as state and local public buildings, public meeting spots, the State Capitol, and within 100 feet of a polling place are all gun free zones.
Federal Buildings
Facilities such as the post office, courthouses, veteran’s homes, or hospitals prohibit open carry. Refusing to leave or disarm your weapon could result in a trespassing offense at any of these locations.
Fight a Conviction With a Weapons Charges Lawyer in Buena Park
Maybe you or someone that you know is facing charges for a weapons offense. The Buena Park weapons charges attorneys at the Simmrin Law Group can provide a tailored approach to your case while helping you prepare what’s to come.
You are entitled to legal representation by an experienced firm that specializes in criminal law. To discuss your case during a free consultation, contact us today.