Why You Need an Oakland Gun Charge Lawyer
You could face severe penalties when you’re arrested on firearm charges in Oakland, CA. A gun charge lawyer benefits you in several ways.
They’ll Defend Your Rights
You have rights as a US citizen. You deserve to have someone stand up for those rights and ensure you’re treated fairly in court. Whether guns were recovered during an unlawful search, or you were acting well within your rights to bear arms, Seth Morris will examine the facts of your case and present a compelling defense.
They’ll Fight to Reduce or Dismiss Charges
Your case may not be as cut-and-dry as it seems. Weak evidence can be challenged, and plea negotiations can be made to either reduce or dismiss your charges. Your attorney will assess your case and determine the best course of action.
They Have Access to Expert Witness Testimony
To create reasonable doubt in your case, your gun charge lawyer can recruit the help of expert witnesses. These valuable assets can provide compelling evidence that discredits the prosecution’s claims.
Morris Law Defends Against All Gun Charges
No matter what you’re charged with, Seth Morris will provide unmatched representation.
Assault with a Deadly Weapon
This involves someone who attacks or attempts to attack another person with the intent to cause great bodily injury through the use of a deadly weapon.
Felon In Possession of a Firearm
Anyone who has previously been convicted of a felony of any kind across California or the country is prohibited from possessing a firearm in the state of California.
Unlawful Gun Possession
California has some of the strictest gun laws in place and unlawful possession could even be a federal offense.
Carrying a Concealed Weapon
Under California Penal Code § 25400, this involves carrying a concealed firearm on your person or vehicle
Brandishing a Weapon
Under California Penal Code § 417, brandishing a weapon involves drawing a firearm in a threatening manner in the presence of another person in any scenario other than self defense.
Carrying a Loaded Firearm in Public
Under California Penal Code § 25850, it is illegal to carry a loaded firearm on your person or in your vehicle in a public place or street or in a prohibited area.
Use of a Firearm in the Commission of a Crime
Under California Penal Code § 245 (a)(2), this involves the act of assaulting another person with a firearm.
Unlawful Sale of a Firearm
California Penal Code § 26500 makes it a crime to sell, lease, or transfer firearms unless the person has a license to do so.
Shooting at an Inhabited House or Occupied Motor Vehicle
California Penal Code § 246 makes it a felony to discharge a firearm at a house, occupied building, occupied motor vehicle, occupied aircraft, house car, or camper.
Assault with a Stun Gun or Taser Weapon
Under California Penal Code § 244.5, it is illegal to commit assault on someone with a stun gun or less-lethal weapon.
Possessing a Deadly Weapon with Intent to Commit an Assault
Any person in possession of a deadly weapon with the intent to assault another is guilty of a misdemeanor under California Penal Code § 17500.
Supplying, Selling, or Giving Firearms to a Person for Participation in a Criminal Street Gang
Under California Penal Code § 186.28, it’s illegal to knowingly supply, sell, or give possession or control of a firearm to another for participation in a street gang.
California Gun Laws You Need to Know
California has strict gun laws. The specific details of your case impact your charges. For example, there are locations in which individuals cannot be in possession of firearms or other weapons; such as being within a certain proximity to a school.
When is a Gun Crime Charged as a Felony?
Most gun charges are taken seriously in the state of California. Although there may be some instances in which you could face misdemeanor charges, you can expect felony gun charges to apply in the following circumstances:
- If the gun in question was stolen
- If you knew the gun in question was stolen
- If you have prior felony convictions
- If you are not legally allowed to own a gun
- If you have prior California firearms convictions on your record
- You are a gang member
Who is Prohibited from Possessing a Weapon in CA?
California law prohibits specific individuals from possessing, owning, receiving, purchasing, or otherwise controlling firearms. Under California Penal Code § 29800, the following parties are prohibited from weapon or firearm possession:
- People who have prior felony convictions, at either of the state or federal level, across the country
- People who are addicted to narcotics
- People who have been convicted of certain types of misdemeanors, such as domestic violence, stalking, or sexual battery
Penalties For Oakland, CA Gun Charge Convictions
The penalties you can face for these gun charges can vary widely depending on which type of gun crime you have been charged with. Some crimes are considered wobbler offenses and can be charged as either misdemeanors or felonies. The facts of your case ultimately decide your charges. Here are some of the criminal penalties associated with the common gun charges in Oakland, CA:
- Felon in possession of a firearm – Felony offense, punishable by up to three years in state prison and fines as high as $10,000.
- Assault with a deadly weapon – Felony offense, punishable by up to four years in state prison; fines as high as $10,000.
- Carrying a concealed weapon (or ccw) – Misdemeanors result in up to one year in county jail; fines up to $1000. Felonies result in up to three years in county jail; fines as high as $10,000.
- Brandishing a weapon – Misdemeanors result in up to one year in county jail; fines as high as $1000. Felonies result in up to three years in prison; fines as high as $10,000.
- Carrying a loaded firearm in public or vehicle – Misdemeanors result in up to one year in county jail; fines as high as $1000. Felonies result in up to three years in county jail; fines up to $10,000.
- Use of a firearm in the commission of a crime (assault with a firearm) – Up to 12 years in state prison; fines as high as $10,000.
- Unlawful sale of a firearm – up to six months in county jail; fines as high as $1000.
- Unlawful possession of assault weapons – Misdemeanors result in up to one year in county jail; fines as high as $1000. Felonies result in up to three years in state prison; fines as high as $10,000.
- Shooting at an inhabited house or occupied motor vehicle – Up to seven years in state prison; fines as high as $10,000.
- Assault with a stun gun or taser weapon – Up to four years in state prison and fines as high as $10,000.
- Possessing a deadly weapon with intent to commit an assault – Up to one year in county jail; fines as high as $1000.
- Supplying, selling, or giving firearms to a person for participation in a criminal street gang – Misdemeanors result in up to one year in county jail; fines as high as $1000. Felonies result in up to three years in state prison; fines as high as $10,000.
Many of these crimes also come with severe collateral consequences. The fallout of a gun charge conviction includes:
- Child custody issues
- Trouble finding a good job
- Difficulty finding safe housing
- Suspension of your driver's license
- Revocation of professional licenses
- Loss of firearm rights
- Citizenship or immigration issues
- Community service
- Random drug or alcohol testing
- Parole or probation requirements
What Is California’s “Use a Gun and You’re Done” Law?
California Penal Code § 12022.53 is California’s “10-20-life – use a gun and you’re done” law. Here, you could receive 10, 20, or 25 years to life in addition to your initial sentence for certain types of felony offenses that use a gun or weapon in the commission of a crime.
Use of a gun will add 10 years to your sentence. Firing a gun will add 20 years to your sentence. Seriously injuring or killing someone with a gun will add 25 years to life to your sentence. These additional sentence enhancements will be consecutive.
Challenging Gun Charges in Oakland, CA
If you hope to avoid a devastating conviction, you need to prepare a compelling gun charge defense strategy. Depending on the details of your case, your attorney may attempt to negotiate with the state’s prosecutor to get your charges reduced or dismissed entirely.
Illegal Search and Seizure
Police only have the authority to search you, your home, your vehicle, or your property when they have a warrant or your consent to do so. Any evidence obtained during an illegal search and seizure should be dismissed and inadmissible at trial.
To prove self-defense, your gun charge lawyer will need to show that you had reasonable belief that you or someone else was at risk for severe injury or death. Further, the amount of force you used to defend yourself or someone else must be appropriate given the threat in question.
Unaware of Gun Possession
Actual possession means a firearm or gun was physically on your person at the time of your arrest. Constructive possession means you may have had access to a firearm or weapon at the time of your arrest. If you did not know that a gun was in your home, vehicle, or car, and someone else, such as a roommate or a partner had access to these areas, you should not be convicted.