The laws around gun ownership in California are complex and constantly evolving. Although the Second Amendment gives you the right to bear arms, there are strict state rules about when, where, and how firearms can be owned or used. One simple misstep can lead to criminal charges, even for otherwise law-abiding gun owners.
At Silver Law Firm, our San Jose criminal defense lawyers understand that a weapons charge doesn’t make you a criminal. Whether your case involves carrying a gun in the wrong place or firing a weapon, a San Jose weapon charge lawyer will take your case seriously.
Our team has over 37 years of combined experience defending clients throughout Santa Clara County.
Charges a San Jose Weapon Charge Lawyer Will Fight
You may legally own a gun in California if you meet certain conditions. Generally, individuals over 18 who are not otherwise restricted can have a firearm in their home, temporary residence, or place of business. But once a weapon is carried or transported outside of those areas, additional laws apply.
Some firearm-related charges we handle include:
Felon in Possession of a Firearm (PC 29800)
If you have a prior felony conviction, it is illegal to own or possess a gun. This applies regardless of how the firearm came into your possession, and violating this law can lead to new felony charges. Reach out to our San Jose weapons charge lawyers if you’ve been accused of this offense.
Unlawful Discharge of a Firearm (PC 246.3)
This charge can apply if you are accused of willfully firing a gun or BB device in a reckless manner. Depending on the circumstances and type of weapon, it can be filed as a felony or misdemeanor.
Even law-abiding citizens can find themselves facing criminal allegations. Maybe you forgot a legally owned gun was left in your glove box, or you didn’t realize you were in a prohibited zone like near a school.
A simple mistake can lead to arrest and prosecution. At Silver Law Firm, we are here to guide you through the legal process and fight for a result that protects your future.
For a free legal consultation with a weapon charge lawyer serving San Jose, call (510) 995-0000
Penalties for Firearm Offenses in San Jose
The consequences of a gun conviction depend on how the offense is charged. Misdemeanor gun crimes may lead to up to one year in jail and fines reaching $1,000. Felony firearm charges carry much higher penalties, including state prison sentences of up to three years and fines up to $10,000.
Some cases are considered “wobblers,” which means they can be charged as either misdemeanors or felonies. In those situations, having a skilled defense lawyer can make a real difference in how your case is resolved.
A San Jose weapon charge attorney from our team will work hard to get a felony reduction, effectively decreasing the severity of your charges.
San Jose Weapon Charge Lawyer Near Me (510) 995-0000
Weapons Can Increase the Severity of Other Charges
Firearms don’t just lead to stand-alone charges. They can also make unrelated cases much more serious. For example, a simple assault could become “assault with a deadly weapon” if a gun was involved. This often results in harsher penalties and a much more difficult legal battle.
If you were arrested while carrying a weapon during another alleged offense, your case needs immediate attention. Silver Law Firm has the experience to address both the weapon charge and any related enhancements.
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Fighting a Weapons Charge in California
Our first step in defending your case will be to closely examine the facts and how law enforcement handled the investigation. We will look for any errors in police procedure or violations of your rights.
Possible defenses may include:
- You did not intend to use or carry the weapon unlawfully
- The firearm was not loaded, or you believed it was not operational
- The weapon was used in lawful self-defense
- You were legally transporting the firearm and followed all applicable rules
- The police conducted an illegal search or seizure
- Your arrest or detention was unconstitutional
If the gun was found through an unlawful search or seizure, the evidence may be thrown out. That could lead to reduced charges or even a full dismissal. Schedule a free consultation with a weapon charge lawyer from San Jose to get the help you need to get your charges dismissed.
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Why Choose Silver Law Firm for a Gun Charge?
Our San Jose weapon charge law firm has helped countless individuals fight back against serious accusations. We understand what’s at stake when your rights and freedom are on the line, and we won’t back down from a legal battle.
At our firm, we don’t make assumptions about your case or rush to a plea deal. We dig deep into the details, speak with witnesses, review bodycam footage, and challenge every piece of questionable evidence.
Whether we’re negotiating with prosecutors or preparing for trial, your best interest is always our priority.
Start Your Defense Today
If you have been charged with illegal possession, carrying, or use of a firearm, the time to act is now. A conviction can change your life forever and may even cost you the right to own a weapon in the future. Reach out to Silver Law Firm to get the skilled legal advocacy you deserve.
We offer free phone consultations and are known for being responsive and accessible. We will review your case, explain your legal options, and fight to protect your rights at every step.
Schedule a free consultation with a San Jose weapon charge lawyer today to learn more about your legal rights and options.
Call or text (510) 995-0000 or complete a Free Case Evaluation form