The state of California strictly regulates the usage of weapons. The legal codes surrounding the use of firearms and other weapons can be difficult to understand. Individuals convicted on weapons charges can face fines and incarceration.
Getting help on your side right away can increase the odds of beating a weapons charge. Here at the Simmrin Law Group we know how important it is to move quickly. Our weapons charges lawyers in Santa Ana can start building your defense today.
The Basics of Weapons Charges in Santa Ana
Understanding weapons charges in Santa Ana requires an understanding of what weapons are under the law. California defines weapons as any implement that can cause severe bodily harm. This includes:
- Bladed Weapons. Swords, knives, and even scissors are bladed weapons.
- Pointed Weapons. Sharp pencils and pens are examples.
- Club Weapons. Baseball bats and sticks can be used as clubs.
- Improvised Weapons. Rocks, beer bottles, broken glass, and power tools can all hurt other people.
In addition, incendiary devices and even animals can be considered weapons in court. Firearms of all kinds are also weapons. This includes:
- Shotguns and Rifles
- Handguns and Revolvers
- Tasers and Antique Guns
Some weapons charges are handled at the state level. However, you could end up facing harsher penalties for federal gun crimes.
Both federal and state charges are surrounded by legal codes that are difficult to understand, including the “felon with a firearm” law that makes it illegal for certain people to even own a gun. You can get help understanding where you stand and your legal options from a criminal defense lawyer in Santa Ana.
Weapons Charges: Carrying a Weapon
There are harsh penalties for carrying a weapon in public in California. You could be charged with:
Carrying a Concealed Weapon
It is illegal to hide a firearm on your person or in your vehicle in Santa Ana. You can end up facing fines and jail time if you are convicted of carrying a concealed weapon. Note that you can avoid these charges if you have a valid concealed carry permit (CCP).
Carrying a Loaded Firearm
Some individuals try to get around concealed carry laws by openly carrying a firearm. This action can also get you in legal trouble. Carrying a loaded firearm is against the law, even if the gun does not actually function. You can end up in jail and left with high fines if convicted of carrying a loaded firearm.
Weapons Charges: Selling a Weapon
California requires individuals to have a permit before selling, trading, or changing the ownership of a firearm. The unlicensed sale of firearms comes with severe penalties for each gun sold without a permit.
Note that there are several exceptions to the laws surrounding the unlicensed sale of firearms, but they can be difficult to understand and sometimes seem contradictory. A weapons charges lawyer can help you if you are facing charges because of a misunderstanding of California’s legal codes.
Weapons Charges: Using a Weapon
Individuals can face harsh penalties for utilizing a weapon in Santa Ana, including:
You can be charged with negligent discharge if you intentionally fire a gun in a way that is negligent. The gun must have the chance of injuring or killing another person for a negligent discharge accusation to apply. Acts of self-defense are not considered negligent discharge in Santa Ana.
Brandishing a Weapon
Many of California’s weapons charges deal solely with firearms. Brandishing a weapon does not. You can be charged with brandishing a weapon for the use of any implement that could harm another person.
Brandishing a weapon involves drawing, displaying, or taking out a weapon:
- In a way that is threatening, angry, or rude while other people are around, OR
- During an argument or fight without intending to use it defensively
You can face misdemeanor or felony charges for brandishing a weapon and a conviction can lead to fines and jail time.
Get Help from a Santa Ana Weapons Charges Lawyer
You don’t have to fight through the court system in Santa Ana on your own. The Simmrin Law Group can take on your case today. We have a team of skilled weapons charges lawyers in Santa Ana who can fight for you. Make sure you’re prepared for your legal battle by contacting us today for a FREE consultation.
Start building your defense by calling (310) 997-4688 or by completing our online contact form.