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Under state laws, unlawful possession of a firearm offenses are typically filed as felonies, with the potential for prison time and loss of certain rights if convicted. At the David P. Shapiro Criminal Defense Attorneys, our experienced criminal defense attorneys provide representation to clients who are facing charges related to alleged unlawful possession of firearms, weapons, or ammunition.
If you have been arrested or are under investigation for a firearm offense, it is critical to engage legal counsel as early as possible. An attorney can protect your rights, analyze the evidence, and identify any potential defenses that may apply to your situation. Depending on the circumstances, there may be opportunities to negotiate for reduced charges or alternatives to incarceration. Do not underestimate the gravity of these charges. Contact us today to discuss your options.
Our state has some of the strictest gun laws in the country, and understanding these regulations is not an easy task.
Some of the most common firearm possession offenses in San Diego include:
Under California Penal Code Section 29800, it is a felony for anyone convicted of a felony to own, purchase, receive, or have in their possession or custody any firearm. This is often called being a “felon in possession” of a firearm. Even those with out-of-state or federal felony convictions are prohibited. The penalties can include up to 3 years in state prison.
As outlined in Penal Code Section 25400, carrying a concealed firearm–whether on your person or in a vehicle–is generally a misdemeanor offense. However, it becomes a potential felony if you have prior convictions, are in a criminal street gang, have a stolen firearm, or are otherwise prohibited from possessing firearms. Penalties can range from probation to up to 3 years in prison.
Under Penal Code Section 25850, it is illegal to carry a loaded firearm in a public place or public street. This is a misdemeanor offense punishable by up to 1 year in county jail, but it can be charged as a felony under the same circumstances as carrying a concealed firearm. If charged as a felony, the offense carries potential prison time.
California has strict laws under Penal Code Section 30605 regarding ownership and possession of firearms classified as “assault weapons.” This covers many semi-automatic rifles and firearms with certain features like pistol grips or folding stocks. Simple possession is a “wobbler,” meaning it can be charged as a felony or misdemeanor with potential county jail or state prison time, depending on the circumstances.
These are just some of the most common gun crimes prosecuted aggressively in San Diego County courts. An experienced firearm lawyer is essential to evaluate your specific case and protect your rights if charged with a weapons offense.
Being convicted of a firearm offense can lead to potential jail or prison time. That’s why it’s critical to have an experienced defense lawyer who can thoroughly investigate the circumstances of your case and pursue all viable strategies, such as:
We understand that every client’s situation is unique, with different goals and priorities. That’s why our team takes an individualized approach, evaluating the facts of each case on its own merits. We don’t employ a one-size-fits-all strategy. Instead, we analyze the prosecution’s case and relevant laws to craft a customized defense that is aligned with achieving the best possible resolution for you.
At the David P. Shapiro Criminal Defense Attorneys, we are 100% criminal defense focused and have been from the start. This zeroed-in focus has allowed us to gain unmatched experience in criminal defense strategy and tactics.
Our firm has extensive experience defending clients against the full range of misdemeanor and felony charges in San Diego’s state and federal courts. From drug crimes and DUIs to white-collar offenses, assaults, and homicides, we have represented hundreds of cases and taken numerous matters to trial.
When you hire our firm, you get:
Your future and freedom are at stake when criminal charges are involved. Securing skilled and focused criminal defense representation from the start provides the best pathway to a favorable resolution of your case.
But don’t just take our word for it. Here are a few examples of our success stories:
Don’t take chances–defend your freedom with David P. Shapiro Criminal Defense Attorneys
If you’re facing charges related to firearms possession, concealment, or other weapons offenses in San Diego, contact David P. Shapiro Criminal Defense Attorneys right away.
The sooner our criminal defense team can review your case details, the sooner we can start safeguarding your interests and building a strong defense strategy.
The stakes are high. Don’t take chances–ensure your rights are protected by calling our office now.
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 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
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.
The sentence for illegal gun possession in California depends on the specific charge and circumstances. It can range from probation up to 3 years in prison for offenses like felon in possession (Penal Code Section 29800) or carrying a concealed firearm as a felon (Penal Code Section 25400).
Some gun possession offenses are automatic felonies in California, while others can be charged as felonies or misdemeanors.
Yes, probation is a potential sentence for certain gun possession charges in California, especially for first-time offenders charged with misdemeanors. However, probation may come with conditions like jail time, fines, and firearms restrictions.
“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.”
“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!”
“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.”
“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.”
“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!!!!”
“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.”
