Have you been charged with possessing a weapon or using one unlawfully? The state of California enforces strict laws when it comes to firearms, knives, and everything in between. As such, weapon-related violations can result in serious consequences on a criminal level.
If you’re facing allegations like these, we understand that your charges can make you feel uncertain, stressed, and overwhelmed. However, you don’t have to go through this experience by yourself. Instead of handling it all alone, call a Montebello criminal defense lawyer.
At Simmrin Law Group, our attorneys have decades of legal experience. We’ve represented thousands of clients, and as your Montebello weapons charges lawyer, you can trust us to advocate for you. We’re not afraid to go to trial as we fight for a fair outcome in your case.
Overview of California Weapons Laws in Montebello
California enforces some of the strictest weapons laws in the nation, and offenses involving firearms, as well as other weapons, can result in serious criminal-level penalties. These charges arise under the California Penal Code.
Understanding California’s statutory framework is important if you’re interested in learning how different factual scenarios may be treated or punished. Let’s take a look at examples of weapons charges in the area.
Carrying a Loaded Firearm in Public
Under Penal Code § 25850, carrying a loaded firearm in public without proper authorization—or in a vehicle for purposes other than lawful transportation—can be charged as a misdemeanor or a felony. It all depends on the exact details of the case.
A misdemeanor conviction can result in upwards of one year in county jail. Meanwhile, a felony might carry up to three years in state prison. Local law enforcement often takes this offense very seriously, particularly if a firearm is discovered in a public area or during traffic stops.
Carrying a Concealed Firearm Without a License
California Penal Code § 25400 makes it a crime to carry a loaded firearm concealed on one’s person or in a vehicle without a valid Concealed Carry Weapon (CCW) license.
If your case is charged as a misdemeanor, you might be facing up to one year in jail. For those being charged with a felony, you could be looking at up to three years of incarceration instead. It often depends on whether or not there’s any prior criminal history on your record.
Felon in Possession of a Firearm
Under PC 29800, any person with a prior felony conviction—or certain specified misdemeanors or a defined narcotics addiction—is prohibited from owning and possessing a firearm.
Conviction can lead to up to three years in state prison, and the prohibition applies even if the individual was unaware of possession occurring, like a firearm in a home or a vehicle.
Possession of an Assault Weapon
Penal Code § 30605 addresses the possession or transfer of both assault weapons and .50 BMG rifles. It is a wobbler, meaning a prosecutor may charge it as a misdemeanor or felony. A misdemeanor conviction carries up to one year in county jail and a fine up to $1,000.
On the other hand, a felony conviction may result in anywhere from 16 months to two or three years in state prison, in addition to fines up to $10,000. Weapons defined as assault rifles include AR‑15 variants.
Configuration-based definitions also apply, which refer to pistol grips, flash suppressors, or detachable magazines.
Possession of Prohibited Weapons
Certain weapons remain entirely banned under California law. Penal Code § 16590 prohibits the possession of weapons, including switchblades, brass knuckles, cane guns, zip guns, and other unusual items.
Violations are typically charged as misdemeanors with possible jail time or fines, though the type of weapons involved and any prior convictions can elevate these charges accordingly.
Illegal Sale or Possession of Large-Capacity Magazines
California law prohibits the possession, manufacture, sale, or transfer of magazines capable of holding more than ten rounds. Offenses that go against this law can be charged as misdemeanors or felonies.
Penalties may include up to one year in county jail and expensive fines, if not both. Proposition 63 also created infraction-level penalties for possession by civilians of previously grandfathered magazines.
Brandishing or Assault with a Firearm
Under Penal Code § 417, displaying a firearm or other deadly weapon in a threatening or menacing manner can be charged as brandishing, even without discharging the weapon. Misdemeanor penalties may include up to 30 days in jail, and felony brandishing charges can result in up to three years in state prison instead.
Use of a Firearm in the Commission of Another Crime
When a weapon is used or carried during the commission of another offense, sentencing enhancements may apply. These can increase the length of the accused party’s sentence, often adding years in prison beyond base offense penalties.
For a free legal consultation with a weapons charges lawyer serving Montebello, call (310) 896-2723
Sentencing Factors in Weapons-Related Cases
Under California state laws, the sentencing process will take multiple factors into consideration, such as:
- Prior convictions, especially firearm or violent offenses
- Whether the defendant is prohibited from possessing a weapon
- If the weapon was loaded
- The proximity to schools or public places
- Whether the charge involves firearm use during another crime
Your weapons charges lawyers in Montebello will take on the responsibility of building a strong defense on your behalf and working toward a favorable outcome in your case.
Montebello Weapons Charges Lawyer Near Me (310) 896-2723
Statute of Limitations and Discovery Rule Application
Many California weapons offenses have a three-year statute of limitations. However, if concealment occurred or the offense involved conspiracy, this timeframe might be extended due to the discovery rule.
Federal statutes can extend limits to five or ten years, depending on the offense. Your Montebello weapons charges attorney will make note of all legal deadlines pertaining to your case.
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Contact Our Weapons Charges Lawyers in Montebello For Legal Help With Your Case
If you’ve been arrested and charged with committing a weapons-related offense, it’s important to know that you’re not alone. Charges like these can coincide with very harsh penalties, but our Montebello weapons charges law firm is here to help you understand your rights.
As your Montebello weapons charges attorney, our lawyers will dedicate themselves to protecting your future and defending your freedom. At Simmrin Law Group, we know the impact these accusations can have on your life.
That’s why our Montebello weapons charges attorneys are committed to guiding you through the legal process with care, focus, and determination. Don’t wait to retain the legal counsel you need. Contact us today, and let’s start working to safeguard your future.
Call or text (310) 896-2723 or complete a Free Case Evaluation form