The United States Constitution guarantees the right to own and carry guns, firearms and weapons (keep and bear arms). However, there are laws that regulate when and how we can use those firearms. California law covering weapons is complex should not be taken lightly. If you have been arrested on a gun related charge you should take it very seriously. THE LAW OFFICES OF CASTILLO is well versed and experienced in gun charges. He consistently obtains favorable results for his clients who have been charged with gun charges and enhancements.
Even if you made a mistake and used a weapon in a way you know was unlawful you still deserve to be represented by an experienced attorney such as Mr. Archer who has experience with cases just like yours.
THE LAW OFFICES OF CASTILLO & ASSOCIATES wants to hear about your case and help you get the results you want when it’s time for your day in court. When the legal system seems out to get you, a trusted and experienced attorney such as Mr. Archer can make all the difference in the world. We will be your advocate in a system that can be overwhelming when you are facing serious charges such as these. There are multiple defenses that are possible when facing weapons charges and THE LAW OFFICES OF CASTILLO & ASSOCIATES uses them consistently and effectively .
MOST WEAPONS CHARGES WILL CALL FOR JAIL/PRISON INCARCERATION
Most weapons charges carry the possibility of jail time. They also carry the potential for large fines and a felony charge on your permanent record.
The Most Common Gun Charges in California
Possession of a firearm without a permit, is the most common California gun/firearms offense. It is a misdemeanor criminal charge. All misdemeanors carry a potential sentence of up to one year in jail.
What is a Deadly Weapon?
California law defines a deadly weapon as anything that has the potential to cause death if used in a violent manner. This means that your fist and even your car could be considered a deadly weapon, depending on how it is used.
Brandishing a Deadly Weapon – Laws & Penalties
If you draw or show a deadly weapon (other than a firearm) in an angry or rude manner, or during a fight, you may be charged with this misdemeanor. Brandishing a deadly weapon, other than a firearm carries a sentence of at least 30 days in jail and up to one year in jail.
Ref: CA Brandishing a Deadly Weapon laws (California Penal Code Section 417)
Brandishing a Firearm – Laws & Penalties
If you draw or show a firearm, loaded or unloaded, in an angry or threatening manner or during a fight, you may be charged with this offense that is typically classified as a misdemeanor.
If the offense took place on public property and the firearm is a pistol or some other firearm easily concealed, you will serve a minimum of 3 months in jail and up to one year. However, if not committed in a public place, you face 30 days to one year in jail.
Ref: CA Brandishing a Firearm California Laws – Penal Code Section 417
Additional California Gun Charges – Laws and Penalties
If you brandish a firearm in a threatening manner while in a vehicle, you could be facing felony charges and a potential sentence of 16 months to 3 years in prison.
Most other weapons offenses in the state of California are felonies. In particular, if you are found to be in commission of another crime and are also in possession of a firearm, your sentence will be exacerbated.
Your sentence in these felony weapons charges depends on several things including:
- What the weapon was
- How it was used
- Your criminal history
- If the weapon was concealed
A judge will take all of the specifics of your case into consideration when determining a sentence.
For instance, felony assault with a deadly weapon carries a potential sentence of 2-4 years in prison. If that firearm is semi-automatic the sentence is increased to 3-6 years in prison. Where within the sentencing range the judge decides to sentence you depends on the circumstances of your offense and any criminal history.
If you or a loved one has been arrested for a gun charge, you are facing an uphill battle and could be looking at a significant jail/prison term. THE LAW OFFICES OF CASTILLO & ASSOCIATES will provide you or your loved one with an aggressive and effective defense. Contact our office and let Mr. Castillo use his experience, skill and his legal ability to provide you a top notch legal defense.