While most citizens can own firearms in California, the state has enacted very strict laws on displaying, carrying, and using them. If you are accused of violating these laws, you stand to lose your gun rights. You could also be sentenced to years in jail or prison and pay hefty fines.

Your best bet when the stakes are this high is a strategic defense. Get a Los Angeles criminal defense attorney who is conversant with various defense strategies specific to gun crimes. The end goal is to get the best possible conclusion to your case.

Do I Have a Defense if the Gun Wasn’t Mine?

If you were with a group of other people when the police found the gun, you could argue that the firearm wasn’t yours. You can establish that the gun belonged to someone else and that you were unaware that the firearm was present in your car or house.

The gun evidence might also be excluded from your case if you prove that it was gotten the wrong way. Anything recovered from an illegal search and seizure, including a firearm, might not be inadmissible in court. A Los Angeles weapon crimes attorney can guide you on using this defense if it applies to your case.

How Can a Convicted Felon Defend Themselves if Charged with a Gun Crime?

People with outstanding felony warrants, narcotic addicts, and convicted felons can be jailed for three years for gun crimes. You need a good defense if you are found in possession of a shotgun, carrying a handgun in your car, or buying a rifle. Some of the defenses to use in such situations include:

  • Illegal search and seizure
  • Justifiable possession, e.g., taking it from someone committing a crime
  • Momentary possession with an intention to get rid of it

Allowing another felony in your record without a fight would be an injustice to yourself. Speak to a Los Angeles criminal defense attorney to see how you can skillfully avoid a ‘felon with a firearm’ conviction.

How Can I Defend Myself for Carrying a Loaded Firearm in California?

Something as simple as having a loaded firearm in a motor vehicle, public street, or public place can lead to a misdemeanor charge – and possibly a year in jail. It is critical to defend yourself if you’re arrested strolling with a loaded gun in your pocket, walking in a pack with a loaded shotgun in your backpack, or driving in the streets with a loaded revolver in your glovebox.

The best way to escape the punishment of Penal Code 25850 PC is to argue that:

  • The police used illegal search and seizure procedures
  • You are exempt from the law
  • The firearm was not loaded
  • You were not aware that you were carrying a gun

Note that loaded means:

  • A shell or cartridge in a magazine or clip attached to the gun
  • A shell or cartridge in the firing chamber

A weapon crimes lawyer in Los Angeles can easily notice mistakes in the charge sheet and use them to get you better outcomes.

Can I Defend Myself if I Had Legal Rights to Carry a Gun?

You might be acquitted from gun charges if you had legal rights to carry the firearm.

The only people that can carry loaded firearms in public include:

  • Persons with a concealed carry permit
  • Recreational shooters
  • Members of the United States military
  • Agents of any federal law enforcement agencies
  • Honorably retired or actively serving police officers

The arresting officers might have been unaware that you had every legal right to possess a firearm. They could have arrested you and brought charges against you. A California weapon crimes attorney can provide evidence of your status and convince the prosecution to drop the criminal charges.

What are the Defenses Against Assault with Firearm Charges?

Attempting to commit a violent crime using a firearm can land you four years in prison. But you can defend yourself with the following arguments:

  • The alleged victim is accusing you falsely
  • You acted in defense of others or in self-defense
  • The alleged injuries did not result from the firearm in your possession
  • The incident was an accident

Remember that you don’t need to have injured someone with a firearm to be convicted of the crime. So, it is essential to fight the charges entirely and keep your record clean.

How Can One Defend Themselves if Found With an Outlawed Firearm?

California recently made it illegal to possess or own certain firearms. However, you might still have a defense if you are found with an assault rifle, contrary to Penal Code Section 12020. Many Californians legally purchased them before the ban, and might have a defense.

A Los Angeles weapon crimes attorney can adequately formulate a defense appropriate to your situation. Many defendants have had their firearms returned to them. Speak to a California gun crimes attorney for guidance on the best possible approach.

How is Self-Defense Best Used as a Defense in a Gun Crime?

You could use the self-defense argument if you had sufficient reasons to believe that you or another person was facing an imminent risk of physical harm. If using your firearm was reasonably necessary for those circumstances, you might have a defense.

For example, if someone was about to rape you or kill you, you might have justification to use deadly force. The ideal circumstance would be when a person has harmed you or threatened you in the past, and you had every reason to believe that they would do the same or worse.

Attorneys Protecting the Rights of Accused Persons

Gun crimes are split into several categories, and different defenses are applicable in each situation. Using the same defense for all cases is risky and might not give great outcomes. But an experienced attorney knows what might work best for each client.

A successful defense begins when you contact a legal expert and explain what happened. We can ensure that your rights are not violated and that you get an ideal outcome; an acquittal or dismissal. Schedule a FREE consultation with us to discuss your situation in detail.