The possession of a silencer is considered a felony-level offense in the state of California. Individuals can face fines and incarceration for a conviction. Fight PC 33410 charges with our team at the Simmrin Law Group.
Results of a PC 33410 Conviction in Los Angeles
The court treats PC 33410 as a felony. This means that individuals face very serious penalties upon conviction. Penalties for a PC 33410 conviction include:
- Fines of up to $10,000
- Incarceration of up to three years
- Formal probation
How Probation Works in California
You may be able to receive probation if you are convicted of possessing a silencer. Probation allows individuals in California to remain out of jail after a conviction. However, you are not free to do whatever you’d like while on probation.
Individuals have to obey certain regulations set down by the court after a conviction. Those who do not adhere to these rules will violate their probation. Probation violations are treated very seriously in the court system. A probation violation can result in the court:
- Extending the time you’re on probation
- Adding new regulations to your probation
- Revoking probation and sending you to jail
Fight these charges with the Simmrin Law Group, and you may be able to avoid the penalties for a PC 33410 conviction.
Defenses for the Possession of a Silencer in California
We can help you build a defense if you are accused of the possession of a silencer. Members of our team know how to handle PC 33410 charges. We can help you show that:
- You did not have a silencer
- You were subjected to an unlawful search and seizure
- You were falsely accused
You did Not Have a Silencer
PC 33410 charges relate only to the possession of a silencer. For example, you should not face PC 33410 charges if you had a firearm with a scope attached. In this situation, your lawyer could argue that you did not have constructive or actual possession of a silencer.
You Were Subjected to an Unlawful Search and Seizure
Police officers must respect your constitutional rights. If the police performed a search on your person or property without the correct warrants, your lawyer could work to block the evidence they gathered. Blocking this evidence could help you avoid a conviction. In some cases, your attorney might be able to get the charges against you thrown out entirely.
You Were Falsely Accused
A witness may have falsely accused you of possessing a firearm. False accusations occur for a variety of reasons. Sometimes the falsely accused look similar to the actual perpetrators of a crime. Other times, the witness may have seen the accused around the same time they saw the offender and got mixed up.
In some instances, the accuser has something against the accused and will identify them as the guilty party. In some of these cases, the accuser not only misidentifies the guilty party on purpose but in fact, no crime was actually committed at all.
Lawful Possession of a Silencer
There are some circumstances under which possession of a silencer is legal in the state of California. Silencers may be carried by some law enforcement and military agencies in the capacity of their official duties. Similarly, companies authorized to produce silencers for these agencies may do so without facing criminal charges.
Possession of a silencer violations can get tricky when it comes to members of these companies or agencies having these gun modifications. While they are legally allowed to possess them, there are limits. Silencers must only be used or possessed in an official capacity.
It can be challenging to nail down exactly when possession transfers from legal to illegal among members of these organizations.
Types of Silencer Possession in the State of California
There are two primary types of “possession” in California. Individuals in Los Angeles can face criminal charges if accused of either kind of possession. Depending on the situation, the court uses PC 33410 charges to prosecute this crime as either actual possession or constructive possession.
Actual Possession of a Silencer
Some individuals face PC 33410 charges for the actual possession of a silencer. Actual possession means an individual has the silencer on their person or within easy reach. For example, someone would have “actual possession” of a silencer if the item was in a backpack they were wearing.
Constructive Possession of a Silencer
Constructive possession can occur even if you do not have a silencer on your person. For example, an individual who keeps a silencer in a gun case in their home would have constructive possession of the item.
Talk to a Lawyer About Penal Code 33410 Charges
Find out more about fighting Penal Code 33410 charges right now with the Simmrin Law Group. Our team will discuss your situation when you call us or fill out our online contact form. Get to work handling charges for possession of a silencer now. Just reach out to our Los Angeles criminal defense lawyers.
Contact us for a free consultation today.