Were you arrested for carrying a firearm or another weapon in violation of California law? Weapons charges in Mission Viejo can lead to serious criminal consequences, even if no one was harmed and the weapon was never used.
Being charged with a gun or weapons offense can feel intimidating, especially when your freedom, your record, and your right to own firearms are on the line. But you don’t have to go through this alone—a Mission Viejo weapons charges lawyer is the one to call.
At Simmrin Law Group, we have helped thousands of people in situations just like yours. With decades of legal experience backing us, we can represent you as your Mission Viejo criminal defense lawyer and help you face these accusations with a clear and informed defense.
Common Types of Weapons Charges in California
In Mission Viejo and throughout the entire state of California, you can be charged with a weapons offense for a wide range of actions. Here are examples of common weapons charges:
- Illegal possession of a firearm, such as being a felon in possession of a gun
- Carrying a concealed firearm without a permit
- Open carry of a loaded weapon in public
- Possession of an assault weapon or banned firearm
- Possession of a firearm by certain prohibited persons
- Brandishing a weapon or displaying it in a threatening way
- Possession of illegal weapons, such as brass knuckles, switchblades, or stun guns
Many of these charges are considered “wobblers,” meaning they can be filed as either misdemeanors or felonies. It all depends on the circumstances of your case and your criminal record, but you can reach out to a Mission Viejo weapons charges attorney for more insight.
For a free legal consultation with a weapons charges lawyer serving Mission Viejo, call (310) 896-2723
Firearm Enhancements in Criminal Cases
California law allows for sentencing enhancements when a firearm is involved in the commission of a felony. These enhancements can dramatically increase your prison time.
For example, using a firearm during the commission of a felony can add anywhere from one to 10 years to your sentence. Personally discharging a firearm can add 20 years, whereas causing great bodily injury or death with a firearm may result in an additional 25 years to life.
These enhancements apply even if the underlying felony charge would not normally carry such lengthy penalties. Judges in many cases have limited discretion to reduce or dismiss firearm enhancements once charged.
Mission Viejo Weapons Charges Lawyer Near Me (310) 896-2723
Restrictions on Certain Individuals
California imposes lifetime or time-limited firearm bans on individuals in specific categories. You may not legally possess a firearm if you:
- Have been convicted of a felony
- Have been convicted of certain violent misdemeanors, such as domestic violence
- Are the subject of a restraining order or protective order
- Are addicted to narcotics
- Have a diagnosed mental illness that makes you a danger to yourself or others
In addition, federal law also restricts firearm ownership in many of the same scenarios, meaning violations can result in charges in both state and federal court.
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Prohibited Weapons Under California Law
Beyond firearms, California law bans many weapons entirely. Possession of these items is illegal regardless of how or where they are stored.
These are examples of prohibited weapons in the state of California:
- Switchblades with blades over two inches
- Brass knuckles
- Short-barreled shotguns and rifles
- Cane guns, undetectable firearms, and zip guns
- Explosive devices and destructive weapons
Possession of these weapons is often charged as a felony. You can also receive prison time and permanent firearm bans as a result of being caught with any of these weapons.
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Concealed Carry and Open Carry Laws
Mission Viejo falls under Orange County jurisdiction, where concealed carry weapon (CCW) permits are issued at the discretion of the county sheriff’s department. Even with a permit, strict rules apply regarding the storage, transportation, and usage of these weapons.
Violating any terms of a CCW permit can lead to the revocation of your weapons as well as subsequent criminal charges. Open carry of firearms is generally prohibited in California, though there are very limited exceptions in rural areas and regarding certain licensed activities.
Carrying a loaded firearm in public without a legal exemption is almost always illegal, and you will likely be subject to immediate arrest.
Federal Weapons Offenses
In some situations, weapons charges may fall under federal jurisdiction. Common triggers for federal charges include:
- Possession of firearms by felons
- Firearms trafficking across state lines
- Use of a firearm during a drug trafficking offense
- Illegal firearm modifications, such as silencers or automatic weapons
Federal charges are prosecuted in U.S. District Court, and they often carry mandatory minimum sentences. These cases frequently involve agencies like the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) as well as the FBI.
Sentencing and Penalties
Penalties for weapons charges in California vary widely, though these are examples of common consequences:
- Misdemeanor offenses: Up to one year in county jail, fines, and probation
- Felony offenses: 16 months to several years in state prison
- Enhanced penalties: For repeat offenders or gang-related activity
- Firearm bans: Durations lasting a lifetime
- Immigration consequences: For non-citizens, including deportation
When determining your sentence, judges consider factors like prior convictions, the weapon in question, where the weapon was found, and whether it was used in connection with another crime.
Your weapons charges lawyers in Mission Viejo can help you understand what you might be facing in terms of consequences.
Contact Our Weapons Charges Law Firm in Mission Viejo Today for Legal Advice in Your Case
If you’re facing weapons charges in Mission Viejo, it’s normal to feel confused or overwhelmed by the legal process. These cases can move fast, and the penalties can be severe, but you don’t have to figure it all out on your own.
Instead, contact the Mission Viejo weapons charges attorneys at Simmrin Law Group today. We are prepared to defend your rights, explain your options, and help you pursue a favorable outcome in your case to the extent allowed under California law.
The sooner you reach out, the sooner we can begin working on your defense and helping you take back control of your future. We’re here to help.
Call or text (310) 896-2723 or complete a Free Case Evaluation form