In California, where gun laws are among the strictest in the nation, a firearm possession charge can feel like a direct assault on your constitutional rights and personal freedom. In Chula Vista, where law enforcement takes a hard stance on gun offenses, the consequences of a firearm possession charge can be severe and far-reaching.
But a firearm possession charge is not the end of the road. With battle-tested legal representation and strategic defense, you can fight these charges and protect your rights.
At David P. Shapiro Criminal Defense Attorneys, we’ve successfully defended numerous clients against firearm possession charges in Chula Vista and throughout San Diego County. We understand the tactics local prosecutors use, and the most effective strategies to challenge these serious allegations.
Firearm Possession Laws in California
California has a web of firearm laws that regulate who can possess firearms, what types of firearms are legal, and where and how they can be carried.
These laws can be incredibly nuanced, with numerous exceptions and qualifications. What might be legal possession in one context could be illegal in another.
Potential Penalties for Firearm Possession in Chula Vista
The consequences of a firearm possession conviction can vary widely depending on the specific charge and circumstances.
Potential penalties may include:
Felony charges carrying state prison sentences of 16 months to 3 years
Fines up to $10,000
Loss of firearm rights
Probation or parole
Immigration consequences for non-citizens
A criminal record that can impact employment, housing, and education opportunities
Building a Defense Against Firearm Possession Charges
At David P. Shapiro Criminal Defense Attorneys, we approach each case with a comprehensive strategy tailored to the unique circumstances. Some potential defense strategies we may explore include:
Challenging the Search and Seizure
If law enforcement violated your Fourth Amendment rights during the search that led to the discovery of the firearm, we may be able to have the evidence suppressed.
Asserting Lack of Knowledge or Possession
We may argue that you were unaware of the firearm’s presence or that it didn’t belong to you, especially in cases involving shared spaces or vehicles.
Exploring Exceptions and Exemptions
California firearm laws include numerous exceptions. We’ll examine whether any of these apply to your situation.
Questioning the Firearm’s Classification
In cases involving alleged assault weapons or other restricted firearms, we may challenge whether the firearm actually meets the legal definition.
Arguing Justifiable Possession
In some cases, temporary possession of a firearm for self-defense or other lawful purposes may be justifiable.
Negotiating Plea Deals
When appropriate, we may negotiate with prosecutors for reduced charges or alternative sentencing options.
Why Choose David P. Shapiro Criminal Defense Attorneys for Your Chula Vista Firearm Possession Case?
When you’re facing firearm possession charges in Chula Vista, you need a defense team that combines legal acumen, local court experience and a commitment to protecting your rights.
Here’s why David P. Shapiro Criminal Defense Attorneys stands out:
★ Deep Understanding of California Gun Laws: We stay up-to-date on California’s ever-changing firearm regulations to provide you with the most current and effective defense.
★ Extensive Local Experience: We have a deep familiarity with Chula Vista courts, giving us valuable insights into local legal procedures and tendencies of judges and prosecutors.
★ Comprehensive Case Analysis: We examine every aspect of your case, from the initial stop or search to the arrest and charging process, to build the strongest possible defense.
★ Personalized Attention: We believe in building strong attorney-client relationships. You’ll work directly with your attorney throughout your case, receiving regular updates and having your questions answered promptly.
★ Proven Track Record: Our firm has successfully defended numerous clients against firearm possession charges, often achieving case dismissals, charge reductions, or favorable plea agreements.
★ Focus on Protecting Your Rights: We understand the importance of Second Amendment rights and will fight to protect your firearm rights and your freedom.
Contact a Chula Vista Firearm Possession Defense Attorney Today
If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.
Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.
The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.
Here’s What You Need to Know to Regain Control of Your Future
Charged with a crime in San Diego? Wondering how the case will affect your reputation, career, and freedom? Trying to figure out what comes next? Look no further! David’s book addresses common misconceptions and mistakes made by those charged with a crime in San Diego. Some of the chapters include topics such as:
What Our Clients Say About Their Experiences With Us
—ANTONIO G.
“I came to David Shapiro to end my probation early and expunge my case. I had a very positive and very informative experience with him. David and his assistant Maria were excellent and always kept in the loop of what was going on.”
—ERIN T.
“Helping good people get their lives back is not just a catch phrase. They mean what they say and are serious about taking care of the client. Ally Keegan and the team at Law Office of David Shapiro are AMAZING! My charges for a 25 plus year old case were dismissed, it was not easy but I truly believe that if I had went with any other Law Firm that the outcome would have been very different. Thank you Ally for helping me get my life back!”
—STEPHANIE.
“I called many lawyers after I got my DUI. Stefano was the only lawyer who put my mind at ease and gave me a sense of relief. He constantly communicated with me about my case and laid out all my options. He was willing and able to do whatever he could to help me. He went above and beyond what was expected.”
—JASON
“I have used David 2 times in the past and he has by far exceeded my expectations. He has great knowledge and knows the system. He is straight forward and honest and somebody you can trust without doubt. I would recommend him to friends, family, and anybody that needs help. Best attorney I’ve ever come across.”
—Nancy
“Stefano Molea was extremely professional and consistently timely with responses to my questions. Most of all, Stefano was reliable. Stefano was diligent with discovery and always prepared and tenacious when relevant to the situation. Stefano is an attorney that you can count on for the best outcome. Thank you Stefano for all you did in my case. You’re so awesome!!!!”
—Ryan
“Ally was an absolute pleasure to work with. Her calm and reassuring demeanor was matched with her excellent knowledge, dedication, thoroughness. We unfortunately found ourselves in need of a criminal lawyer and we can without a doubt say that having Ally and her firm represent us from the beginning was the best choice we could have made.”
You have questions. We have answers. Check out our answers to some of the more frequently asked questions (FAQs) below. Want more information or have a question not answered here about how you can regain control of your future if charged with a crime? Give us a call at (619) 295-3555.
Can I possess a firearm if I have a felony conviction?
No. Under both California and federal law, individuals with felony convictions are prohibited from possessing firearms. However, there may be ways to restore your firearm rights in certain circumstances.
What's the difference between open carry and concealed carry in California?
Open carry of firearms is generally prohibited in California, with very limited exceptions. Concealed carry requires a permit, which can be difficult to obtain in many counties.
Can I transport a firearm in my vehicle?
Unloaded firearms can be transported in a vehicle, but they must be locked in the trunk or in a locked container. Loaded firearms in vehicles are generally illegal unless you have a valid concealed carry permit.
What constitutes an "assault weapon" in California?
California has a complex definition of “assault weapons” that includes specific makes and models as well as firearms with certain features. It’s crucial to understand these definitions to ensure compliance with the law.
Can a firearm possession charge be expunged from my record?
In many cases, yes. After completing your sentence, you may be eligible to petition for expungement. This can help mitigate the long-term consequences of a conviction.
How can a firearm possession conviction affect my immigration status?
Firearm offenses can have serious immigration consequences, potentially leading to deportation or inadmissibility. If you’re not a U.S. citizen, it’s crucial to work with an attorney who understands the immigration implications of these charges.
What should I do if I find a firearm that doesn't belong to me?
If you find a firearm that isn’t yours, do not handle it. It may be appropriate to contact t local law enforcement for guidance on how to proceed. Because of concerns for criminal liability, it’s best to first speak to an attorney prior to any statements to law enforcement.