Weapons Offense Criminal Defense Attorney
If you are charged with a weapons offense, we can help you. Call the Law Office of Jay S. Finnecy IMMEDIATELY for a free initial consultation.
760-522-7006 or 619-855-3003
In California, any person convicted of felony offense is prohibited from owning possessing or using a firearm and/or ammunition. Misdemeanors involving domestic violence, weapons, and even simple battery (Penal Code section 242) may also result in a firearm ban. Penal Code section 29825 makes it illegal for a person who is served with a Temporary Restraining Order to possess a firearm.
Perhaps the most common weapon offense is Felon in Possession of a Firearm. Penal Code section 29800 provides that any person convicted of a felony under the laws of the United States, the State of California, or any other state who owns, purchases, receives, or has in his possession, custody or control any firearm is guilty of a felony. Felon in Possession of a Firearm is punishable by up to 3 years in State Prison.
Other common weapons offenses include: PC25400 (carrying a concealed weapon), PC626.9 (possession of a firearm on school grounds), PC21310 (carrying a concealed dirk or dagger), PC417 (brandishing a weapon or firearm), PC25850 (carrying a loaded firearm in public), PC12022 (armed with a firearm during the commission of a felony), PC12022.5 (personal use of a firearm during commission of a felony), PC12022.53 (personal use of a firearm during the commission of a serious felony), PC12022.55 (discharging a firearm from a vehicle), and HS11370.1 (possession of a loaded firearm with drugs).
Like drug possession cases, the best defense in many weapons cases is a skillfully litigated motion to suppress evidence challenging the legality of the police conduct leading to the weapon being discovered. If the police searched you without a search warrant and without probable cause, Attorney Jay S. Finnecy can file a motion to have the evidence suppressed because the search violated your Fourth Amendment Rights. If the evidence is suppressed, the weapons offense is often dismissed.
Weapons offenses are severely punished and carry jail or prison time, future weapon restrictions, and immigration consequences. If you’ve been arrested or charged with any weapon offense, please call the Law Office of Jay S. Finnecy IMMEDIATELY for a free confidential consultation and case evaluation.