Nevada County Weapons Defense Attorney

Nevada County Gun Crime Penalties

Gun crimes can result in a variety of penalties depending on the type of charge you are facing. Some gun offenses are considered “wobblers,” which means they may be charged as either misdemeanors or felonies depending on the facts of the case.

Some specific penalties for gun crime convictions in Nevada County include:

• Assault with a deadly weapon – This is a felony offense that can result in up to four years in state prison and fines of up to $10,000.
• Brandishing a weapon – If charged as a misdemeanor, this can result in up to one year in county jail and a fine up to $1,000. If a felony, then this can result in up to three years in prison and fines up to $10,000.
• Assault with a firearm – This is a felony that can result in up to 12 years in state prison and a fine of up to $10,000.
• Possessing a deadly weapon with intent to commit an assault – This is a misdemeanor that can result in up to one year in county jail and a fine of up to $1,000.
• Unlawful sale of a firearm – This is a misdemeanor that can result in up to six months in jail and fines of up to $1,000.
• Unlawful carrying of a concealed weapon – As a misdemeanor, this can result in up to one year in jail and a fine of up to $1,000. As a felony, this can result in up to three years of incarceration and a maximum fine of up to $10,000.

Collateral Consequences of a Gun Crime Conviction

Gun crimes can result in consequences other than incarceration and fines, some of which can impact your entire life. Some of the collateral consequences of gun crimes include, but are not limited to:

• Loss of gun and voting rights
• Child custody, divorce, and other family legal issues
• Difficulty finding and maintaining employment
• Difficulty finding safe housing
• Loss of professional license
• Citizenship and immigration issues
• Restrictions on parole or probation
• Community service
• Restitution to alleged victims

Possible Defenses to Gun Crimes in Nevada County

Your Nevada County gun crimes attorney can use a variety of defenses to build you a strategy that will win your case. Some of the most common defenses include, but are not limited to, the following:

• Illegal Search and Seizure: If the gun was obtained through an illegal search or seizure, the evidence may be inadmissible in court. This requires challenging the legality of the police action.
• Mistake of Law: Your Nevada County gun crime lawyer may argue that you mistakenly believed your actions were legal, due to misinformation or misunderstanding of the law.
• Self-Defense: This defense claims the gun was used in a justified use of force to protect oneself or others from imminent threat of harm.
• Entrapment: This defense argues that the police induced you to commit the crime through improper tactics.

California’s Self-Defense Law

Under California Penal Code Section 198.5 PC, you have a right to use deadly force if you reasonably fear great bodily injury or death and you are protecting yourself in self-defense or defense of others.
For example, if someone breaks into your home with a gun, then you have a right to defend yourself on your property. You do not have to run away or retreat.

Can you carry a concealed weapon in California?

In California, you can carry a concealed weapon with a proper permit. You must be at least 21 years old and complete 16 hours of training. California does not honor other states’ concealed carry permits. You also cannot carry a weapon in certain places, such as schools, courts, government buildings, hospitals, and airports.

How many handguns can I own in California?

There is no limit on how many total handguns you can own in California. However, you are restricted to purchasing no more than one handgun every 30 days. There are some exceptions to this rule, including private party transfers, returns to owners, and transactions between law enforcement officers.

How should guns be stored in California?

California does not restrict how guns are stored unless a minor is likely to have access to them. If they are accessible to a minor, guns must be stored in state-approved locked containers. If a minor does gain access to guns when they should have been locked up, and the minor causes death or harm to someone else or themselves, then the gun owner can face felony charges.

Call a Nevada County Gun Lawyer Today

Gun crimes often result in serious penalties because these offenses are typically felonies. You may be facing years in prison or hefty fines. Nevada County gun crime lawyer Chris Walsh understands how California gun laws apply to your case, and he can help you develop a strong defense.