California Gun Crime Penalties
The penalties you can face vary widely depending on the type of gun charge you’re facing. Many gun crimes are wobbler offenses, so they can be charged as misdemeanors or felonies depending on the circumstances and severity of the alleged offense.
Here are some possible criminal penalties associated with gun charges in Folsom:
- Assault with a deadly weapon – Felony offense carrying up to four years in state prison; fines of up to $10,000.
- Brandishing a weapon – Misdemeanor: up to one year in county jail; fines as high as $1000. Felony: up to three years in prison; fines as high as $10,000.
- Assault with a firearm — Up to 12 years in state prison; max fine of $10,000.
- Possessing a deadly weapon with intent to commit assault – Up to one year of jail time; fines of up to $1000.
- Unlawful sale of a firearm – up to six months jail time; fines of up to $1000.
- Carrying a concealed weapon– Misdemeanor: up to one year in county jail; fines up to $1000. Felony: up to three years in county jail; max fine of $10,000.
Collateral Consequences of a Gun Crime Conviction
In addition to criminal penalties, being convicted of a gun crime can come with other types of fallout, such as:
- Loss of firearm rights
- Child custody issues
- Difficulty finding housing or employment
- Loss of professional license
- Citizenship or immigration issues
- Restrictions of parole or probation
Possible Defenses to Gun Crimes
Being convicted of a felony gun crime could cost you your gun privileges for life, not to mention the possibility of serving time in jail and being ordered to pay hefty fines.
To avoid a conviction and clear your name, you need the help of a Folsom gun lawyer. Your attorney will investigate the charges you’re facing and tailor your defense to the circumstances with strategies such as:
- Invalid search and seizure: If your rights were violated and the firearm was discovered unlawfully, the evidence can’t be used against you.
- Accidental firing: We may be able to argue that the gun was faulty or discharged accidentally
- Lack of knowledge: We may argue that you were unaware the gun was illegal
California’s Self-Defense Law
California also recognizes the right to self-defense under Penal Code Section 198.5. Under this law, you have the right to use deadly force if you reasonably fear great bodily injury or death. You have no duty to retreat from a fight — so, for example, if an intruder breaks into your home, you have the right to defend yourself on your property.
Proving self-defense can be tough, which is why it’s crucial to work with an experienced gun lawyer in Folsom who understands the intricacies of the law and how to successfully argue that you were within your rights to use deadly force.
The state attorney general’s website covers many frequently asked questions about California’s gun laws, such as:
Can you carry a concealed weapon in California?
Yes, you can carry a concealed weapon with the proper license. The minimum age to receive a concealed carry license is 21 years old, and applicants must complete 16 hours of training. California does not honor any other states’ concealed carry permits, and you may not carry a concealed weapon in places such as schools, courts, government buildings, hospitals, and airports.
How many handguns can I own?
There is no limit to the number of handguns that you may own, but you are generally limited to purchasing no more than one handgun every 30 days. However, there are some exceptions to the 30 day rule, such as private party transfers, returns to owners, and handgun transactions between law enforcement officers.
How do guns have to be stored in California?
Your guns must be secured in a state-approved locked container if you know or should know that a minor is likely to gain access to it. If a child gains access to a firearm that should have been locked up and causes harm or death to someone else or themselves, you can face felony charges.
Call A Folsom Gun Lawyer Today
We understand how frightening and uncertain it can feel if you’re charged with a gun crime, especially if you’ve never been in legal trouble before. Attorney Chris Walsh knows how to fight these charges because he began his career as a prosecutor. Now, he defends people like you and will work hard to reach a favorable outcome in your case.
Call 916-237-8270 or contact us to schedule a free initial consultation.