Sometimes, the court system in California will issue an order restricting an individual’s right to own or possess a firearm. Individuals who possess a firearm in violation of a court order can face serious legal penalties. Penal Code §29825 deals with this criminal charge.
PC 29825 is a “wobbler.” This means that people can face either misdemeanor or felony charges for possessing a firearm in violation of a court order. Get more information about this charge by calling (310) 997-4688. The team at the Simmrin Law Group is here to help you now.
Facts About PC 29825 Charges in California
PC 29825 is a very serious criminal charge in our state. Individuals should only face this charge in specific situations. PC 29825 charges only apply if the court ordered an individual to avoid buying, owning, or possessing a firearm and the person still knowingly:
- Bought a firearm
- Received a firearm
- Came into possession of a firearm
This charge only applies if an individual knew about the court’s order restricting firearm ownership. Note that this charge will take effect even if an individual is in possession of:
- A gun that does not work
- An unloaded gun
Individuals can violate this law if they have a weapon that appears to be a functional gun in the state of California.
Examples of Firearms in Los Angeles
Possession of any kind of firearm can lead to PC 29825 violations here in Los Angeles. Many individuals are not sure about the definition of a firearm. Firearms are:
- Items designed to be used as weapons which
- Propel projectiles through a barrel and
- Use combustion or an explosion as a propellant
As you can see, this definition is very broad. It covers many different kinds of weapons, including:
However, there are a number of items that are left out under this definition of a firearm. For example, BB guns are not considered firearms here in California. They do not use combustion to expel their projectile. This means you should not face PC 29825 charges if you are in possession of a BB gun.
You can contact a weapons charges lawyer in Los Angeles to learn more about different kinds of firearms. Reach us easily by calling (310) 997-4688. Our team members at the Simmrin Law Group are knowledgeable about California’s firearm laws.
Types of Court Orders Covered Under PC 29825
PC 29825 deals with specific court orders here in Los Angeles. Generally, individuals face criminal charges if they possess a firearm in violation of a:
- Protective order/restraining order
- Temporary restraining order (TRO)
These court orders are often used to force someone to stay away from someone else. For example, an individual could be placed under a domestic violence restraining order in California after facing charges for the abuse of an intimate partner. That person could face criminal charges if they purchase a handgun while under the restraining order.
Note that there are other ways for an individual to lose their right to own a firearm in California. For example, all felons are subject to a firearm ban in the state. Some people convicted of misdemeanors are also forbidden from buying or owning firearms for a period of time. Generally, individuals face this ban if they are convicted of a violent crime.
Results of a PC 29825 Conviction in Los Angeles
PC 29825 is considered a wobbler throughout the state of California. This means that some people will face misdemeanor charges for this offense. Other people will face felony accusations. Misdemeanors and felonies are treated very differently in the court system. Misdemeanor convictions result in:
- Fines of up to $1,000
- Incarceration of up to one year
However, felony charges get treated more seriously in our area. Individuals convicted of a felony could face:
- Fines of up to $10,000
- Incarceration of up to three years
Many people in California wonder how wobblers are handled in our court system. The prosecution is responsible for deciding how to treat a wobbler. When making a decision, prosecutors will consider:
- The facts of the current case
- An individual’s past criminal history
You can turn to a criminal defense lawyer in Los Angeles if you are dealing with either misdemeanor or felony charges here in California.
Legal Defenses for PC 29825 Accusations
Individuals in California do not just have to accept PC 29825 charges. You can reach out to a lawyer right away to begin working on a strong defense if you are accused of possession of a firearm in violation of a court order. A lawyer can work to show that:
You Didn’t Know About the Court Order
You should only face PC 29825 charges if you knowingly violated a court order by acquiring a firearm. This means you should not face a PC 29825 conviction if you were unaware that you were under a court order.
You Didn’t Know that You Had a Gun
You also have to knowingly possess a firearm to face PC 29825 charges. Sometimes, individuals come into the possession of a firearm without their knowledge. For example, a friend could leave a firearm in your home without your knowledge.
You Only Had Possession for a Limited Period of Time
Sometimes, you have to take “momentary” possession of a firearm in California. For example, let’s say that you found a weapon in an unsafe place. You picked it up with the intent to give it to the police right away. In this situation, you would only have momentary possession of a firearm and could avoid a PC 29825 conviction.
Work with a Lawyer to Handle PC 29825 Charges in California
Charged with possession of a firearm in violation of a court order? Get help handling Penal Code § 29825 accusations right here with the Simmrin Law Group. Our team is standing by to help with your defense today. Just complete our online contact form or call (310) 997-4688.
We’re ready to assess your situation starting right now with a free consultation.