Riverside Weapons Charges Attorney
Laws and regulations regarding the possession and use of weapons in the state of California can be complex. Often, you may not even realize you are breaking a rule until it is too late.
At the Law Offices of Graham D. Donath, APC, our Riverside weapons charges lawyers know a simple mistake can lead to steep fines, community service, and even loss of custodial rights. That is why we work hard to clear your name and minimize any charges.
Here are some of the areas we practice as criminal defense lawyers in Riverside:
- Possession of a deadly weapon. In the state of California, it is unlawful to possess a deadly weapon, which may include unregistered firearms, knives, or brass knuckles.
- Possession of brass knuckles. It is illegal to possess or brandish metal or wooden knuckles.
- Possession of a firearm by a felon or other prohibited person. All California residents who wish to possess a firearm must pass a Department of Justice background check. You may be charged with this crime if you are found in possession of a firearm after failing this background check.
- Possession of a concealed firearm. All concealed weapons carriers must have applicable licensing.
- Possession of a loaded firearm. It is illegal in California to carry a loaded weapon in a public or prohibited place.
- Possession of a switchblade. Carrying a switchblade on your person in excess of two inches is unlawful in California.
- Threatening with a weapon. Even if you are licensed to carry a weapon, you may not brandish it or use it to threaten someone else’s life. Threatening someone with a weapon, even if you do not actually use the weapon, can be a charged as a violent crime and you would need to consult with a Riverside violent crimes attorney.
- Assault with a firearm. Defined as attacking someone with a handgun, rifle, or shotgun.
Depending on the number of prior offenses you have or the circumstances surrounding the crime, you may be charged with a misdemeanor or felony. Unfortunately, many weapons charges in California are classified as felonies. If it is your first offense, you may only be charged with a misdemeanor. The state of California charges these crimes differently.
- Misdemeanor. These kinds of weapons charges carry a maximum sentence of up to one year in jail and up to $1,000 in fines.
- Felony. Weapons charges classified as felonies often carry the threat of jail time. These time frames vary greatly, from 1-20 years. Additionally, these types of offenses are subject to fines.
As mentioned, punishments can vary from case to case. However, below are some general California guidelines for certain assaults with a deadly weapon. Consult with a Riverside assault with a deadly weapon lawyer as soon as possible to prepare a diligent defense.
Creating a Defense
If you are charged with a weapons-related crime, the defense we craft for you depends on your individual circumstances. However, there are a few general defenses our Riverside weapons charges attorneys can take to the prosecution:
- Improper search and seizure. Our Riverside weapons charges attorneys will take a look at the police report and make sure the authorities followed proper protocol. If they did not have a valid warrant or establish probable cause, your case may be dismissed.
- False allegations. Sometimes parties accuse another of false allegations out of worry for their own involvement, jealousy or a variety of reasons. Each case is different, and false allegations can often be attacked through conflicting evidence and proper cross-examination of the witness.
- Self-defense. If you felt another person posed an imminent threat on your life or the life of a loved one, you may be able to claim you carried, brandished, or discharged a firearm in self-defense.
- Accidental discharge. Depending on your individual circumstances, we may be able to defend your case by establishing that your firearm was discharged unintentionally. It’s important to recognize that the accident has to be reasonable and believable to a jury. The accident is limited as a defense also to those actions that were not intended at all.
Related: Outline of California’s Gun Laws
Choose the Best Riverside Weapons Charges Attorney
When you are charged with a weapons-related crime, it is essential that you obtain expert legal counsel as soon as possible. Be polite and courteous to the arresting officer, but do not offer him or her any information or sign any documents before your representation arrives. Our Riverside weapons charges attorney are committed to providing aggressive legal representation to secure you the best outcome possible. If you have any questions or would like to schedule an initial consultation, contact us for more information.