San Diego citizens are allowed to have a weapon, but it comes with an extensive list of gun laws adopted by California. If you are facing a weapons charge, we have legal professionals at the Simmrin Law Group ready to help you get back to normalcy quickly.
Our San Diego weapons charges attorneys have the knowledge and experience to strategize a defense, examine offered pleas, and fight for you in court. We understand the seriousness and urgency that a charge like this brings. Trust a top-rated law firm to handle your case.
Penalties for Carrying Concealed Weapons in San Diego
In San Diego, it is illegal to carry a concealed weapon in most instances. Charges for a concealed weapon apply to various weapons like knives, tasers and nunchucks as well. You can face criminal charges if you conceal a weapon on your person or in your vehicle.
Punishment for carrying a concealed weapon can result in incarceration for up to three years, along with fines of up to $10,000. Note that there are several exceptions to California’s regulations on concealed weapons. For example, you should not face this charge if you have a valid carry concealed weapon (CCW) permit.
For a free legal consultation with a weapons charges lawyer serving San Diego, call (310) 928-9347
Winning Defense Strategies for Weapons Charges
It is the primary goal of your weapons charges attorney in San Diego is to present a defense that boosts your chance of a cleared or reduced sentence. While there is no one-size-fits-all defense strategy, an experienced legal team can demonstrate facts such as:
Possession
The prosecution has the responsibility of proving that you were in possession of the illegal weapon during the arrest. If this detail can’t be proven for whatever reason, your attorney will fight to convince the court of your innocence in the matter.
Illegal Search and Seizure
Thanks to the United States Constitution, there are defenses for almost any criminal charge. The Fourth Amendment discusses police protocol for obtaining property. They are required to obtain a search warrant that specifies what they are looking for. If violated, this can be used.
Self-Defense
This common strategy involves using the weapon with the believed reasonable force necessary to protect one’s self or others. If there is a way to prove reasonable belief that in the moment using a firearm was necessary, this may be used for justification.
Lack of Evidence
Often, possession of an illegal firearm come with additional charges such as aggravated assault. If the weapon is not part of evidence or is in question, we can use lack of evidence as justification of dropping or lessening a charge.
Failure to Prove Beyond a Reasonable Doubt
This happens to be the most effective strategy for most criminal charges. The attorney will use their skill and tacticle technique to plant a seed of doubt with the facts of your case. It requires a lawyer with extensive criminal law knowledge to argue failure of proof.
Accidental Discharge of a Weapon
This defense is only valuable if you are facing a way more serious offense. Since reckless discharge can end in misdemeanor charges or a felony conviction, this is used as a sentence reduction method.
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Can You Be Prosecuted for Carrying a Weapon in San Diego?
You can face criminal charges for carrying a gun openly in public, even if it is not loaded. You may be exempted from this regulation if you have a CCW permit, if you are a member of a gun club, or if you are employed in certain fields, like law enforcement.
A conviction for carrying a loaded firearm in public can result in thousands of dollars in fines and jail time of up to three years. Make sure you reach out to a criminal defense lawyer as soon as you get arrested for carrying a weapon while in public.
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What Is the Penalty for Brandishing a Deadly Weapon?
You can face criminal charges if you are accused of drawing a deadly weapon in public in a way that is angry or threatening. If you draw a weapon during a fight and you are not trying to defend yourself or someone else, you can be charged. Weapons include:
- Firearms
- Knives and other bladed weapons
- Baseball bats and other clubs
- Makeshift weapons like broken glass
- Animals such as attack dogs
You could be sentenced to three years in prison if convicted of brandishing a deadly weapon in San Diego. If you’re charged with this crime, speak to a San Diego weapons charges attorney.
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What Are the Penalties for Negligent Discharge of a Firearm in San Diego?
Negligent discharge under California Penal Code 246.3 occurs if someone shoots a weapon in a way that grossly disregards the safety of others, resulting in a situation where someone could be hurt or killed. In San Diego, there are sentencing enhancements for this charge.
Negligent discharge of a BB gun is a misdemeanor. It’s punishable by probation, one year in jail, and a fine of $1,000.00. If convicted of a felony negligent discharge, you face probation, up to three years in county jail, and a $10,000.00 fine. A lawyer can explain your legal options.
California’s Felon With a Firearm Law Regulates Gun Ownership
While the U.S. Constitution gives citizens the right to bear arms, this right may be revoked in San Diego if you are:
- Convicted of a felony
- Convicted of certain misdemeanors
- Addicted to some controlled substances
- Mentally ill
For this circumstance, the prosecution must prove possession of the firearm, involvement with the firearm, a previous offense that restricts you having a weapon and that you were knowledgable or aware that a firearm was under your custody.
Individuals found in possession of a firearm after their gun rights have been revoked could face criminal charges based on the “felon with a firearm” law (PC 29800). This charge can result in fines of up to $10,000 and up to three years of prison time.
San Diego Regulates the Sale of Firearms
California’s gun laws are meant to encourage gun use for safe, legal activity. While recent legislation is focused on holding the gun industry accountable, the sale of weapons have become regulated for the same purpose.
This serious crime has penalties that include six months of jail time and fines of up to $1,000. These penalties apply to each weapon sold without a license. If you have been charged for selling weapons without a license, a San Diego weapons charges lawyer can defend your rights.
Assault Weapons and Magazine Capacity Limitations
California has some pretty strict gun laws, making it difficult for citizens to keep up with legislation at times. Currently, the type of firearm and magazine size has the following qualification updates:
Assault Weapons & Bullet Buttons
The definition of assault weapon is vague for California law. Shotguns, semi-automatic rifles and center-fire rifles are now included. Also, bullet button weapons are now required to be registered as an assault weapon.
Magazine Limitations
California legislation has also limited the magazine size that a resident can possess or sell. If it’s over 10 rounds, it’s illegal. But there are circumstances in which exceptions are given.
Do Weapons Offenses Count as Strikes Under California’s Three Strikes Law?
Any felony involving a firearm can result in a strike under California’s Three Strikes Law. Offenders who commit three violent or “serious” felonies can find themselves looking at a sentence of 25 years to life under the Three Strikes Law.
Avoiding a strike on your record is always desirable. A weapons charges lawyer in San Diego can help you fight a weapons charge that could potentially result in a third strike and work to keep you from spending the rest of your life behind bars.
Plea Bargaining to Lessen a Weapons Charge
When facing a weapons charge that carries a potential strike on your record, a plea bargain could help by reducing a felony charge to a lesser charge that does not count as a strike. A plea may be offered by the prosecution but is rarely the best deal available.
If you don’t want to risk the consequences of a conviction at trial or if you feel the evidence against you is too strong to beat, consult with your attorney. Plea bargaining can be useful if it is fair.
Build a Defense With a San Diego Weapons Charges Lawyer
Get the help you need to face weapons charges by contacting the Simmrin Law Group today. Just complete our online contact form or call us to speak with a member of our legal team. Our San Diego weapons charges lawyers can start building your defense today, starting with a free consultation.
Call or text (310) 928-9347 or complete a Free Case Evaluation form