Weapon Charges

Weapon charges in California carry severe penalties that can permanently alter your life. If you’re facing allegations involving firearms or other deadly weapons, you need immediate legal representation from an experienced Los Angeles criminal defense attorney. The prosecution will aggressively pursue maximum penalties – you deserve equally aggressive defense.

California Weapon Charges: What You’re Facing

Under California law, weapons charges encompass a broad range of offenses. These charges often accompany other criminal allegations, substantially increasing potential penalties. Law enforcement may discover firearms or other weapons during searches, leading to separate weapons charges that can transform a misdemeanor case into a felony with years of prison time at stake.

Assault with a Firearm

Assault with a firearm (Penal Code 245(a)(2)) involves using a gun in a threatening manner that creates reasonable fear of imminent harm. This serious felony carries penalties of 2-12 years in state prison, substantial fines, and counts as a “strike” under California’s Three Strikes Law. Even without firing the weapon, merely pointing a loaded firearm at someone can result in this charge.

Assault with a Deadly Weapon

Assault with a deadly weapon (Penal Code 245(a)(1)) applies when any object capable of causing death or serious injury is used in an assault. This includes knives, broken bottles, blunt objects, or even everyday items used with intent to harm. Penalties range from misdemeanor (up to 1 year in county jail) to felony (up to 4 years in state prison), depending on the circumstances and your criminal history.

The Crime of Assault

Simple assault (Penal Code 240) forms the foundation of weapons assault charges. It’s defined as an unlawful attempt to commit violent injury upon another person, coupled with the present ability to do so. When weapons are involved, simple assault charges escalate dramatically in severity. Even without physical contact, an assault charge can lead to significant legal consequences.

How Weapon Charges Are Prosecuted in California

Prosecutors in Los Angeles County aggressively pursue weapons charges, especially in today’s climate of heightened concern over gun violence. The District Attorney’s office typically assigns specialized prosecutors to handle these cases, who are well-versed in firearms laws and sentencing enhancements.

Criminal cases in Los Angeles County courts involving weapons follow a standard process: arraignment, preliminary hearing, pre-trial motions, and trial. However, the prosecution often seeks to apply sentencing enhancements that can dramatically increase penalties. These include:

• Use of a firearm during a felony (adds 10 years)
• Discharge of a firearm during a felony (adds 20 years)
• Causing great bodily injury with a firearm (adds 25 years to life)
• Prior strike convictions (doubles sentences)
• Gang-related weapon offenses (additional 5-10 years)

Potential Penalties for Weapon Charges

The consequences of weapon charges in California extend far beyond prison time. Depending on the specific charge and your criminal history, you may face:

Immigration Consequences

For non-citizens, weapon charges are particularly devastating. These offenses are typically classified as “aggravated felonies” or “crimes involving moral turpitude” under immigration law, which can trigger deportation proceedings, denial of naturalization, and permanent inadmissibility to the United States – even for legal permanent residents.

Effective Defense Strategies for Weapon Charges

A skilled criminal defense attorney can employ numerous strategies to fight weapon charges, including:

• Fourth Amendment violations – Challenging illegal searches and seizures that led to the discovery of weapons
• Lack of knowledge – Proving you were unaware of the weapon’s presence
• Self-defense – Demonstrating the weapon was used lawfully to protect yourself or others
• Momentary possession – Showing you only briefly possessed the weapon for legal purposes
• Mistaken identity – Proving the weapon belonged to someone else
• Insufficient evidence – Highlighting gaps in the prosecution’s case

Early intervention is crucial. From the moment of arrest, important evidence may be lost, witnesses’ memories may fade, and the prosecution gains time to build their case. Acting quickly allows your attorney to preserve evidence, interview witnesses while events are fresh, and potentially prevent charges from being filed.

Why You Need Specialized Defense for Weapon Charges

Weapon charges demand specialized legal knowledge. California’s firearms laws are complex and constantly evolving. Prosecutors who handle these cases are highly experienced and have extensive resources at their disposal. To effectively counter their efforts, you need an attorney who:

• Specializes in criminal defense with specific experience in weapons cases
• Understands the technical aspects of firearms and weapons classifications
• Has established relationships with expert witnesses
• Knows the local court system and prosecutors’ tendencies
• Can identify and exploit weaknesses in the prosecution’s case
• Has a proven track record of successful outcomes in similar cases

Our criminal defense attorneys have successfully defended hundreds of weapons cases throughout Los Angeles County. We understand the nuances of California weapon laws and how to effectively challenge the prosecution’s case at every stage.

Weapon Charges in Los Angeles County Courts

Criminal cases in Los Angeles County courts involving weapon charges are typically heard in the Clara Shortridge Foltz Criminal Justice Center for felonies, or in various branch courts for misdemeanors. The specific court assignment depends on where the alleged offense occurred.

Los Angeles prosecutors have specialized units dedicated to gun crimes, with experienced deputy district attorneys who focus exclusively on weapons offenses. These specialized prosecutors are intimately familiar with firearms laws and typically seek maximum penalties.

Our defense team has extensive experience in all Los Angeles County criminal courts. We understand the tendencies of local judges and prosecutors, giving us valuable insight into how to approach your case effectively.

Get Immediate Help With Your Weapon Charges Case

When facing weapon charges, every minute counts. Evidence needs to be preserved, witnesses need to be interviewed, and legal motions need to be filed promptly. Don’t delay in securing the experienced legal representation you need to protect your rights and your future.