Posted By OKABE & HAUSHALTER 14-Jun-2018
Facing weapon charges is not exactly the most fun experience. Even though most people in San Francisco and all across California are legally allowed to own firearms, the U.S. government has imposed very strict gun laws.
Even if you own a gun lawfully, there are quite a few restrictions that seem to be getting more and more severe each year due to the ever-growing gun control debate.
These strict gun laws and restrictions in California and all across the nation lead to more arrests and gun charges. If you have been arrested by an armed police officer, you have been through a very stressful and traumatizing experience. We, here at the Okabe & Haushalter law firm, understand it better than anyone else. But the most distressing part is yet to come: defending yourself against the weapon charges.
Since the penalties and legal consequences of weapon charges are rather severe, it is highly advised to be represented by a San Francisco weapon charge defense attorney to protect your rights, best interests, and freedom.
Types of weapon charges in California
Most weapon charges in San Francisco and elsewhere in California fall into the bucket of felonies. Let’s review some of the most common weapon charges:
- Carrying a concealed weapon
- Possession of an assault weapon
- Selling guns illegally
- Shooting into an occupied building
- Improper and illegal handling of a gun in a motor vehicle
- Possession of a firearm by a convicted felon
- Aggravated assault with a deadly weapon
Our best weapon charge defense lawyers in California explain that in order to determine whether your particular charges will be classified as a misdemeanor or felony depends on the circumstances and facts surrounding your particular case.
Will your weapon charges be classified as a felony or misdemeanor?
What many convicted felons do not realize is that you have a right to a preliminary hearing if your weapon charge has been classified as a felony. It is not the end of the world. In fact, during the hearing, a judge will review the facts of your particular case and decide whether classifying your offense as a misdemeanor would be more appropriate.
When determining how your offense should be classified, a judge will look into the following factors:
- The specific crime you are accused of
- The type of weapon you possess or own
- Whether or not that firearm was used
- Whether or not the gun was loaded at the time of the arrest
- Your past criminal record
Penalties and consequences of weapon charges in California
Depending on the exact circumstances in your particular case, penalties and consequences of weapon charges may vary greatly. However, the following penalties usually apply for weapon charges in San Francisco and elsewhere in California:
- Misdemeanor. If your weapon charge has been classified as a misdemeanor, you may face up to $1,000 and/or 12 months in county jail. Additional legal fees usually cost more than the fine.
- Felony. If you have been convicted of a gun-related felony offense, you may face up to three years in county jail or up to 20 years in a state prison in San Francisco or elsewhere in California. Additional charges and sentence enhancements may be filed by the prosecutor.
It is not uncommon for people convicted of a felony to be subject to sentencing enhancement for their weapon offenses. Protect your freedom, reduce your prison sentence and penalties, and fight for your rights with the help of a San Francisco weapon charge attorney at the Okabe & Haushalter law firm. Call our offices at 310-430-7799 or complete this contact form to get a free evaluation.
Category: San Francisco