Los Angeles Weapons Charges
Defense Against Crimes Involving Firearms
Any offense involving a firearm should not be taken lightly. Title 18 U.S.C. § 921 defines a firearm as either (1) any weapon which can expel a projectile by means of an explosive or (2) a destructive device consisting of any explosive, incendiary or poison gas, which can include bombs, grenades or other similar devices.
There are several distinct federal firearm laws that vary according to situation, weapon used, prior convictions or any other additional crimes committed.
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Our firm is experienced with these offenses and can assist you with any of the various weapons charges:
- Possession of a firearm by a prohibited person (felons, drug users and others).
- Selling or supplying a firearm or ammunition to a prohibited person.
- Use or possession of a firearm in relation to a drug felony or violent federal crime.
- Stolen firearm, ammunition or explosive.
- Possession or use of a firearm in a school zone.
- Possession, use or manufacturing any of the following: Fully automatic weapons, silencers, sawed- off shotguns or rifles, destructive devises, assault weapons and any firearm with missing, altered or removed serial numbers.
- Selling or supplying a firearm to a juvenile.
Federal prosecutors commonly push for enhancements when dealing with firearm charges, especially if weapons can be linked to federal drug offenses, property crimes or gang affiliations. Without proper legal counsel you can greatly increase the risk of suffering great penalties.
Illegal Gun Possession in California
California allows certain people to legally own and possess firearms and enforces a number of regulations, laws, and restrictions. For example, California firearm laws prohibit gun possession by certain people and in certain places. Examples of people who are generally prohibited from owning a gun include:
- Convicted felons and individuals convicted of certain misdemeanors
- Minors under the age of 18
- Individuals addicted to illegal narcotics
- Individuals who suffer from certain mental illnesses
In addition, California enforces laws that prohibit the possession of illegal firearms and the illegal possession or carrying of an otherwise legal gun. Examples of this may include carrying a loaded firearm in public, possessing an automatic weapon without proper license, and concealing a weapon without a valid permit. Our lawyers know when it is illegal to possess a gun and can help defend individuals facing these charges.
PC 417 – Brandishing a Weapon
California penal Code § 417 makes "brandishing a weapon" a criminal offense. Under the law, "brandishing a weapon" may include drawing, exhibiting, or using a firearm or deadly weapon in a rude, angry, or threatening manner. Depending on the factors involved, brandishing a weapon may be prosecuted as a misdemeanor or felony offense. Misdemeanor brandishing charges are punishable by up to one year in jail, while felony charges may result in 16 months, two, or three years in state prison.
Tough Defense for Firearm Charges in L.A.
At Lessem, Newstat & Tooson, LLP, we understand the severity of weapons charges and are capable of defending clients charged with a firearm-related crime. Whether this is your first, second or third weapons offense, or if your crime involves additional charges, our weapon offense lawyers can provide you with the representation you need.
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