Are you Facing A Weapons or Gun Criminal Charge in California?

Tully & Weiss Experienced Gun Crimes Lawyers are Here to Help.

Most California citizens can legally own or possess guns. But with some of the most extensive gun laws in the nation, even those who lawfully own guns in California are subject to numerous restrictions. The California weapons charge defense attorneys at Tully & Weiss Law Firm know California gun laws.

We help people who are arrested for gun-related offenses defend their case, protect their rights and preserve their future.

Weapons Charges in California

A weapons charge in the State of California is a serious offense, the majority of weapons charges being felonies. Numerous California gun laws prohibit possessing or carrying firearms under specific circumstances. You may face criminal penalties if you possess or carry an illegal firearm or illegally carry or possess an otherwise legal firearm.

There are a number of weapons charges in California, including:

  • Carrying a concealed weapon (25400 PC)
  • Improper handling of a firearm in a motor vehicle (26100 PC)
  • Aggravated assault with a deadly weapon (245(a)(2) PC)
  • Possession of a weapon by a convicted felon (29800 PC)
  • Firing or shooting an object into an occupied building (246 PC)
  • Illegal sale of a firearm (26500PC)
  • Possession of an assault weapon (30600 PC)

Arrest can be a frightening situation and the legal penalties for gun-related charges can be harsh. Our Alameda County and Contra Costa County California weapons charge defense attorneys are fearless and meticulous advocates for individual rights and liberty.

If you have been arrested for a gun-related offense, contact Tully & Weiss Law Firm today to confidentially discuss your case and learn your best defense.
Contra Costa 925.229.9700 | Alameda 510.269.9227 | North Cal 530.776.0840

What are the Penalties for a Weapons Charge in California?

Depending on the circumstances surrounding your specific case, a weapons charge can be considered either a misdemeanor or felony. A judge determines whether a weapons charge is a felony or misdemeanor charge depending on the kind of weapon involved, the defendant’s intent with the weapon and the presence on your record of any prior criminal offenses.  

In addition, a number of sentence enhancements (these make your potential sentence longer) may apply. The following are guidelines to the penalties that could apply to weapons charges under the California Penal Code (PC).

Misdemeanor Charges

Misdemeanor weapons charges are punishable by up to 1 year in county jail and/or a fine of up to $1,000.

Felony Charges

Felony weapons charges are punishable by 1 to 20 years in California prison. The circumstances surrounding the activity, the type of offense and prior criminal records are factored to determine the sentence length.

Gun Enhancements

Weapons offenses may also be subject to a California sentencing enhancement which can add years to a sentence. California’s “use a gun and you’re done” law attaches years to sentences for offenses involving any of nineteen serious felonies, including sex crimes and murder. For example, the law can attach up to 10 years in prison for gun possession, 20 years for firing a weapon, and 25 years to life for gun use resulting in serious injury or death - in addition to the sentence assigned for the serious felony charge.

The nuances and specifics of California gun laws demonstrate the critical role an experienced weapons charge defense lawyer plays in protecting your rights and defending your freedom. Our meticulous preparation and thorough investigation  and aggressive proactive defense strategies are often the difference between a non-guilty verdict, or dismissal or a horrific outcome involving substantial prison time .

Connect with the leading California weapons offense criminal lawyers at Tully & Weiss Law Firm today to discuss your case and defense options.
Contra Costa 925.229.9700 | Alameda 510.269.9227 | North Cal 530.776.0840

What are the Strategies for Defending a Weapons Charge?

A guilty finding for a weapons charge can impact an individual for the rest of their life. Some charges count in California’s Three Strikes Law. Most convictions will end up on your criminal record, resurfacing in criminal background checks required for employment, loan and residence applications.

If you’ve been arrested for a weapons offense in the state of California, a number of defenses may be available to you. Some of the available defenses your attorney may consider include:

  • Self-defense or the defense of others: If you reasonably believe that you or another person are in imminent danger of being killed, suffering great bodily injury, or being the victim of some other forcible crime, you may take reasonably necessary measures to defend yourself or others, including the use of deadly force.
  • Accidental Firing of a Weapon: If you had no criminal intent to fire the weapon, were not acting negligently and were otherwise engaged in lawful activity at the time of the weapon firing, accidental firing can serve as a valid legal defense.
  • Non-Ownership of a Weapon in Possession: If you had no knowledge of the weapon’s presence on your person or in your vehicle, you do not have actual possession.
  • Illegal search and seizure: If the police gathered evidence during the search of your person, vehicle, or other property in an unconstitutional manner, or if police used an improperly created search warrant or searched areas outside the scope of the search warrant, the evidence may be suppressed and will not be eligible for use against you in court.
  • Police misconduct or entrapment: If the police engage in inappropriate or illegal actions or use false arrest, intimidation, brutality, racial profiling or other abuses of power, or if a police officer induces a person to commit a criminal offense that the person would have otherwise been unlikely to commit, charges may be dismissed, convictions reversed, or sentences reduced.
  • Prosecutorial misconduct: If the prosecutor attempts to sway the jury to wrongly convict a defendant or to impose a harsher than appropriate punishment, charges may be dismissed, convictions reversed, or sentences reduced.

California criminal defense attorneys at Tully & Weiss Law Firm will examine the details of your case and the prosecution’s case against you in order to build a customized, comprehensive defense strategy. We then aggressively and proactively pursue your best defense.

Ensure your rights and future opportunities are protected from the penalties that come with a weapons-related conviction. Contact Tully & Weiss Law Firm today to learn your best defense.
Contra Costa 925.229.9700 | Alameda 510.269.9227 | North Cal 530.776.0840

Where in the Process Should I Contact an Attorney?

If you or someone you know is arrested for a weapons-related offense, the first thing you need to do is contact an experienced weapons charge defense attorney. You have a limited amount of time to prepare your case, and police, prosecutors and investigators are already deeply involved in preparing a case against you.

Located in Contra Costa, California, Tully & Weiss weapons charge defense attorneys provide counsel in Alameda County, Santa Clara, and throughout the state. If you have been arrested for a gun-related offense, contact Tully & Weiss Law Firm today.
Contra Costa 925.229.9700 | Alameda 510.269.9227 | North Cal 530.776.0840

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