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Weapons Crimes are a category of criminal charges resulting from the unlawful use or possession of a weapon. If the weapon was used during the commission of a crime, additional charges may be filed as well. The weapons crimes category is very large, covering weapons you might not even consider. Situations which may result in the filing of weapons charges include:
While these are the most common scenarios, virtually any instance in which a weapon was present may be prosecuted as a weapons crime. California takes weapons charges very seriously – conviction may result in prison time, fines, and a strike under California’s Three Strikes Law. If you have been charged with one of the many weapons crimes under California law, you need an experienced attorney familiar with California laws, and the San Diego Court system to present an effective defense on your behalf. Weapons charges are complex – let us guide you through the confusion and help you obtain the best result possible for your weapons case.
Charged with a Weapons Crime?
Weapons charges are far-reaching criminal charges. They have grown to encompass a significant number of potential weapons and their uses. Weapons Charges may be included as additional charges alongside other criminal charges, or have their punishments enhanced due to the specifics of the case.
Some items considered to be weapons under California law include:
In addition to the type of weapon and how it was used, the courts will also consider other factors which may increase the severity of your charges, and the potential penalties if convicted. This is most often due to the level of injury caused when the weapon was used. Causing serious bodily damage will increase your prison exposure, causing “Great Bodily Injury” (GBI), as defined by the law, will do so even more. Examples of injuries which may lead to a GBI enhancement are:
Weapons charges may stem from many other crimes if there was a weapon present, even if no weapon was used. It is common for weapons charges to be included alongside other criminal charges such as: homicide, assault, robbery, battery, kidnapping, and rape. With so many possible weapons crimes charges and sentencing enhancements, it is crucial you have a lawyer on your side who knows the law, and who knows how to present a successful defense in criminal court.
If you have been arrested or charged with a weapons offense in California, the most important thing you can do is to resist the urge to speak with law enforcement and remain silent. The police may attempt to coerce you into sharing “your side of the story”, or try to intimidate you into thinking you must give them a statement. These are tactics used only to build a case against you. You have nothing to gain by sharing any information with the arresting officer. To remain silent after arrest is your constitutional right; Exercise it.
Next, you need to retain the aid of a criminal defense law firm experienced in California weapons law, weapons crime defense, and the local court system. At David P. Shapiro Criminal Defense Attorneys, we know California weapons law and we know how the prosecution will build their case against you. Weapons charges are taken very seriously by the police, the courts, and the community. Even if your innocence seems completely obvious you will need an experienced and knowledgeable lawyer to protect your reputation, and prepare your defense.
At David P. Shapiro Criminal Defense Attorneys our team is:
The seriousness of your charges mean you need high quality legal representation. Call David P. Shapiro Criminal Defense Attorneys 619-295-3555 now to schedule a consultation for your weapons charges. We are ready, willing, and able to fight for your freedom.
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