San Diego Weapon Crime Lawyer

Weapon crimes are taken seriously under California law, and being charged with one can lead to significant consequences, including long prison sentences and permanent criminal records. If you're facing weapon charges in San Diego, it is crucial to have skilled legal representation to protect your rights and freedom. Whether you're charged with illegal possession of a firearm, carrying a concealed weapon, or using a weapon during a crime, a knowledgeable attorney can make all the difference.

Kenney Legal Defense helps you through the complex legal landscape of weapon crime charges in San Diego. Our experienced criminal defense lawyers understand the nuances of California's weapon laws and are committed to providing you with the best possible defense. We take the time to evaluate your case, explore all available defenses, and work toward a favorable resolution. With our assistance, you can confidently face your charges and move forward with your life.

Charged With a Weapons Crime? Contact a Skilled Criminal Defense Attorney

Weapon crimes in California are treated seriously and can result in severe penalties, including long prison sentences and a permanent criminal record. If you're facing such charges, it's important to get experienced legal counsel. At Kenney Legal Defense, our San Diego weapon crime lawyer has the knowledge and experience to handle your case. We are here to help you understand the legal process and build a defense strategy tailored to your situation.

What Are Weapon Crimes in California?

Weapon crimes involve the illegal use, possession, or sale of firearms or other dangerous weapons. California law regulates weapons offenses to keep the public safe. If you are caught possessing or using a weapon illegally, you could face serious consequences. These crimes can include carrying concealed firearms, brandishing a weapon, or using a weapon during a crime.

Illegal Possession of a Firearm (Penal Code § 29800)

Under California Penal Code § 29800, it is illegal for certain individuals, like convicted felons, to possess firearms. Possession of a firearm by a convicted felon or someone with a restraining order can lead to significant penalties. Even possessing a firearm in one's home or vehicle under these circumstances can result in a felony conviction.

A conviction can lead to years in prison, heavy fines, and a permanent criminal record that impacts future opportunities.

Carrying a Concealed Weapon (Penal Code § 25400)

Carrying a concealed weapon, such as a hidden firearm, without a permit is illegal in California. Under Penal Code § 25400, you can face felony or misdemeanor charges depending on the circumstances. The penalties can vary, but a conviction for carrying a concealed weapon may result in jail time, fines, and a criminal record.

If the weapon is loaded or if it's carried in a prohibited area, such as a government building or school zone, the penalties can be more severe. In addition, having a prior criminal history can further escalate the charges and the consequences.

Brandishing a Weapon (Penal Code § 417)

Brandishing a weapon means showing it in a way that scares people. This could be pointing a gun or swinging a knife at someone. Even if you don't use the weapon, just showing it in a threatening way can lead to criminal charges. These charges can carry heavy penalties, including time in jail or prison.

In some cases, the penalties can be more serious if the weapon is used during a crime. The law treats any action that puts others in fear very seriously.

Weapon Use During a Crime (Penal Code § 12022)

Using a weapon during the commission of a crime can enhance the penalties you face. Under Penal Code § 12022, this crime includes possessing firearms during robberies, assaults, or other offenses, leading to more severe consequences.

Possession of an Unregistered Firearm

Possessing an unregistered firearm means having a gun that isn't legally recorded with the state. If the firearm doesn't meet the legal requirements, it can lead to serious legal consequences. You could face a felony charge, which can result in years in prison. Also, fines and a permanent criminal record can severely affect your future opportunities.

Penalties for Weapon Crimes

Weapon crimes in San Diego carry serious consequences, with penalties varying based on the nature of the crime. Whether you are charged with a misdemeanor or a felony, the penalties can include prison time, hefty fines, and a permanent criminal record.

Understanding these penalties is important for preparing your defense strategy.

Misdemeanor Charges

• Up to one year in county jail.
• Fines up to $1,000.
• Probation instead of jail time in some cases.
• Possible restrictions on firearm ownership.

Felony Charges

• Several years in state prison, depending on the crime.
• Fines up to $10,000 or more.
• A permanent criminal record, impacting future job opportunities and rights.
• Possible enhanced penalties if a weapon was used during a crime or if the defendant has prior convictions.

Defenses Against Weapon Crime Charges

There are several defenses that can be used to fight weapon crime charges. An experienced San Diego criminal defense attorney will examine all aspects of your case to determine the best possible defense strategy.

A few common defenses against weapon charges that may lead to a reduction or dismissal of charges include:

Lack of Knowledge or Ownership

• If you didn't know about the weapon or didn't own it, this can be used as a defense.
• The weapon could have been left in your vehicle or home by someone else without your knowledge.
• In these cases, proving that you weren't aware of the weapon can lead to the charges being reduced or dropped.

Self-Defense or Defense of Others

• Using a weapon in self-defense or to protect someone else can be a valid defense against weapon crime charges.
• If you were in danger and used a deadly weapon to protect yourself or others, it may be justified under California law.
• A skilled criminal defense lawyer can help prove that you were acting in self-defense or defense of others, which may lead to the charges being reduced or dismissed.

Unlawful Search and Seizure

• If the weapon was found during an unlawful search, any evidence gathered may not be admissible in court.
• A search without a warrant or probable cause may violate your rights and weaken the case against you.
• A skilled criminal defense lawyer can challenge illegal searches and help have the weapon charges thrown out if the evidence was unlawfully seized.

No Intent to Use the Weapon

• If there was no intent to use the weapon in a threatening manner, this can be a valid defense.
• Simply possessing a loaded firearm or assault weapons without any intent to use them for harm may reduce the charges.
• A skilled criminal defense lawyer can argue that there was no intent to commit a crime or cause harm, which may lead to lesser penalties or a dismissal of the charges.

Why Choose a Weapons Crime Lawyer?

Choosing the right lawyer is critical when facing weapon crime charges. A criminal defense attorney with experience in firearm and weapons charges can make all the difference in your case. Understanding California law, including federal law, and the complexities of weapons offenses is essential for building a solid defense strategy.

Here's why you should choose an experienced San Diego weapon crime lawyer:

In-Depth Knowledge of California Gun Laws

An experienced defense attorney will have a deep understanding of California gun laws, including how they relate to firearms charges and federal law. With knowledge of felony offenses, certain misdemeanor convictions, and domestic violence situations, a lawyer can effectively argue your case and protect your rights.

Proven Track Record in Weapon Crime Defense

With a proven track record in defending clients against gun charges, a skilled criminal defense attorney can provide strong representation. Whether facing firearm possession charges or assault weapons charges, they have the experience to tackle even the most complex weapon-related cases, including federal crimes.

Personalized Legal Strategy

Every case is unique, and a personalized defense strategy is key to achieving the best possible outcome. An experienced defense attorney will work closely with you to understand the specifics of your situation, whether it involves a loaded firearm, domestic violence charges, or felony offenses, and develop a strategy that fits your needs.

How Can a Weapons Crime Lawyer Help You?

If you're facing weapon crime charges, a weapon crime lawyer can provide the crucial support you need. They will work tirelessly to ensure that your rights are protected and that you receive a fair chance at a positive outcome.

Here are some of the ways an experienced criminal defense attorney can help you:

• Protect Your Rights: A skilled criminal defense attorney will ensure that your constitutional rights are upheld throughout the legal process. From unlawful searches to improper arrests, they'll make sure the law is followed properly, and any evidence gathered unfairly is challenged.
• Reduce Your Charges: Through legal expertise and negotiation, your lawyer can work to reduce your charges. They may help lower the severity of penalties or even get charges dropped, particularly if there's a lack of evidence or a strong defense like self-defense or lack of intent to use the weapon.
• Navigate the Legal System: The legal system can be complex and overwhelming, especially when dealing with weapons crimes. A skilled criminal defense attorney will guide you through each step of the process, explaining your options and ensuring you understand the potential outcomes of your case.
• Negotiate Plea Deals: If a plea deal is the best option, your lawyer will use their negotiation skills to secure a more favorable outcome. Whether reducing prison time or avoiding certain firearm convictions, they'll fight for a deal that minimizes the impact on your future.

FAQs

1. What are the penalties for firearms offenses?

Firearms offenses carry severe penalties, including state prison sentences and fines. If the weapon is illegal, such as a concealed gun without a permit, the penalties can be even harsher, especially if the defendant has a criminal history.

2. Can I legally carry a concealed gun in San Diego County?

Carrying a concealed gun is generally prohibited in San Diego County unless you have a concealed carry permit. Gun owners must legally carry and ensure their firearm is legally possessed to avoid serious charges.

3. What happens if I'm caught with illegal weapons?

Possessing illegal weapons, such as assault weapons or unregistered firearms, can lead to serious charges. San Diego prosecutors may push for long prison sentences, especially if the weapon is involved in aggravated assault or negligent discharge.

4. How does my criminal history impact my gun crime case?

A defendant's criminal history can significantly affect gun crime cases. If you have prior convictions, especially for violent offenses like aggravated assault, you could face harsher penalties, including a state prison sentence.

5. Can I face charges for owning a legally possessed firearm?

Yes, even if the firearm is legally possessed, you can face charges for violations like illegal sale, negligent discharge, or carrying in prohibited areas, such as government buildings or schools.

Contact Our Weapons Crime Lawyer for a Free Case Evaluation

If you are facing weapon crime charges in Orange County and  San Diego, California, it's important to seek legal help as soon as possible. Kenney Legal Defense offers a free consultation to discuss the details of your case. Our experienced criminal defense attorneys are ready to assist you in understanding your rights and options, whether you are dealing with gun ownership issues, constitutional violations, or any other weapon-related charges.

We will work to the best of our abilities to protect your rights and help you achieve the best possible outcome. Contact us today at (714) 418-4261 to get started on your defense.