California Criminal Defense Lawyer – Gun Laws | Weapons Charges – Although it is a Constitutional right in the United States to own and carry guns, there are laws that regulate when and how we can use those firearms. California law covering weapons is complex. Most weapon charges carry the possibility of jail time, large fines and a felony charge in California. You should be represented by a California Criminal Defense Attorney even if you mistakenly used a weapon in a manner that is considered illegal. Possession of a firearm without a permit is the most common California gun offense.
A deadly weapon is defined as anything that has the potential to cause death if used in a violent manner by California law. Therefore, almost anything could be considered a deadly weapon in California-your car and even your fist! Brandishing a deadly weapon (other than a firearm) carries a sentence of at least 30 days in jail and up to one year in jail.
If you brandish or show a firearm in a threatening manner or during a fight in California you may be charged with a misdemeanor and may face 30 days to one year in jail. If done so in a public place, you may serve a minimum of 3 months in jail. A weapon brandished while in a vehicle is considered a felony and potential sentence of 16 months to 3 years in prison. Almost all weapon charges in California are considered felonies, especially if you are found to be committing other crimes while in the possession of a firearm.
If you have been charged with a crime in California, you should contact a California Criminal Defense Lawyer, you will want to know the possible penalties you face. Below is a brief list of crimes and penalties you could face.
DUI – Similar to many other DUI laws across the US, California drunk driving laws prohibit a person from driving when they have a concentration of .08 percent or more alcohol in their blood system. Once convicted of a DUI in California, any future DUI will result in harsher penalties for 10 years. A first DUI can result in up to 6 months in jail, up to $1,000 in fines, 3-10 months of license suspension and in some counties placement of an Interlock Ignition Device. A second or third DUI in California has possible penalties of up to 1 year in jail, fines of up to $1,800 and automatic placement of Interlock Ignition Device. License suspension for a second DUI is up to 2 years and for a third DUI 3 years. These penalties also apply if you are convicted of driving under the influence of marijuana in California. You should contact a California Criminal Defense Lawyer immediately if you have been charged with a DUI, to help facilitate and negotiate for the best possible outcome.
Marijuana/Drug Crimes -The possession, sale and distribution of marijuana is regulated by both state and federal law. In California, marijuana is classified as a “Schedule 1” controlled substance. There are a few exceptions to these laws for medical marijuana. Possession of marijuana and other Schedule drugs in small amounts is no longer considered a felony with the passage of Proposition 47. Although, penalties have become less severe for drug possession crimes overall, you will want to hire an attorney prior to going to court to ensure that you receive proper representation.
The cultivation, sale, delivery, or distribution of marijuana and other drugs is a felony in California (except for medicinal marijuana purposes). California imposes a range of penalties depending upon the offense. Convictions will result in a prison sentence in California. If convicted a fine may be imposed of up to $20,000.
If convicted of the transportation of marijuana, of more than 28.5 grams, in California you may face up to 4 years in state prison and up to $20,000 in fines. A person transporting less than 28.5 grams may be found guilty of a misdemeanor and face up to $100 in fines.
Domestic Violence and Battery – Battery is any willful and unlawful use of force or violence upon any other person. An incident of battery involving people in the specified domestic violence relationships are punished more severely than ordinary battery offenses. In California a domestic violence charge can be added to a charge of battery when it involves a current or former spouse, a current or former roommate, someone with whom the person has a romantic relationship and/or a child. A conviction for domestic violence carries the possibility of incarceration along with a fine. In addition to criminal penalties for offenders, California law also provides protective orders for persons claiming to be victims of domestic violence. More people get falsely accused of domestic violence more than any other crime in California. You should never go to court alone if you have been charged with battery and/or domestic violence, as these are cases in which jail time can be avoided and probation served instead.
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