An adult can own or possess a weapon in California. However, even those who have the right to possess such weapons are subjected to numerous restrictions. If you keep a gun at home, you should take reasonable steps to ensure the weapon is out of reach of children or anybody who is prohibited from owning a weapon such as mentally ill persons. Under California gun laws, it’s unlawful if you use a deadly weapon to threaten another person. This is acceptable only if you were doing it for self-defense or defending someone and the sentence of such cases can be severe. If you have been charged with using a weapon in public, you may end up spending your entire life in jail. To avoid this, you can only hire an experienced criminal defense attorney to advise on how to go about this critical legal process. The penalties are too harsh and can leave you physically, emotionally, and financially drained. The sooner a criminal lawyer can start working on your case the better, as this may help you avoid conviction.
Criminal Possession of A Weapon
Unlawful possession of a weapon is where an individual possesses a weapon with the knowledge that such a weapon is inherently dangerous such as to cause harm or death to another person. Most of the weapons offenses always related to firearms. But, an individual can also be charged with possession of deadly weapons. In California, the law about weapons can be very confusing; this is because some weapons are considered to be legal, while others are deemed to be illegal after certain modifications. Yet again, some weapons are “generally prohibited,” meaning their manufacture, possession, or sale in California may warrant you tough offenses. The law may issue a permit for manufacture, sale, or possession of certain weapons only to approved individuals or law enforcement agencies. Some of the deadly weapons that are prohibited in California include:
- Undetected firearms
- Explosives bullets with explosive agents
- Brass knuckles
- Ballistic knives
- Short barrel guns
- Hand grenades
- Writing pen knives
- Unconventional pistols
Some of these weapons are short and easy to conceal, such as to constitute silent weapons that are used for unlawful purposes. Each state has its own laws that should be legally owned or possessed and those that should not. Any individual who owns or is caught in possession of a prohibited weapon can be charged under federal or state law. Some of the illegal acts with weapons may include:
- Carrying brass knuckles in your pants pocket
- Selling short guns to anyone who is less than 18 years of age
- Making unconventional pistols at home. To manufacturer or sell a weapon, you must be a licensed dealer
- Carrying a concealed weapon, whether in a person or vehicle. If you are caught carrying a weapon in such a manner that it is hard for others to view it, you may face the law. Any individual who is convicted of weapon offense or having a deadly weapon in California always face harsh sentences. They may either be charged with a misdemeanor or a felony. Not unless they make it a priority to look for a skilled criminal attorney.
If you are in such a situation, you should hire a criminal attorney in Los Angeles as soon as possible.
What Are The Common Defenses For Possessing A Weapon
- You can be able to obtain innocence or a lesser charge depending on how well your lawyer is knowledgeable. Some of the defense strategies that may be used include:
- Unlawful search and seizure. Your criminal defense lawyer can show that your arrest and interrogation concerning the possession of a weapon were unconstitutional.
- You were acting in self-defense or were trying to defend another person.
- You exhibited the weapon to another in a non-threatening way.
- You had no deadly weapon as defined by the California gun laws.
- You had no knowledge. The prosecutor must prove that indeed you knew you were in possession of a concealed weapon. This is because a passenger may leave a weapon in your car without your knowledge.
A good criminal defense lawyer can raise the above defenses quickly, but it will depend on the facts of an individual’s case.
Get A Criminal Lawyer To Defend Your Case
If you or your loved one has been arrested due to unlawful possession of a weapon, advise them to seek legal help. It’s very difficult to prove criminal intent beyond a reasonable doubt. This is because the prosecutor relies on the witness’s information and circumstantial evidence. It’s only an experienced criminal attorney who can challenge the evidence given, and argue that the evidence provided cannot be used to prove you’re guilty beyond a reasonable doubt. If you want to have an easy time amidst the turmoil of the tough legal process, you should hire a criminal lawyer as soon as you have been charged with unlawful possession of a weapon.