San Jose Weapon/Gun Crime Defense Lawyer
There are few issues as fiercely debated as gun rights. While the U.S. Constitution grants you the right to own a firearm, this right is not absolute. There are numerous lawful limitations on the types of firearms you can own, when you can own them, and when and how you can carry them. Unfortunately, these restrictions mean that a single mistake can result in law-abiding citizens being charged with very serious crimes.
At Silver Law Firm, we understand the significance of protecting your life, liberty, and freedom. As an San Jose criminal defense lawyer, Elliot Silver is a staunch proponent of individual rights. If you are staring down the barrel of a crime related to carrying, displaying, or possessing a firearm, he can analyze your situation and will find a way to avoid the grim consequences of a conviction.
No matter how big or small your gun case may be, attorney Silver will defend you and what’s important to you. Call Silver Law Firm today at (510) 995-0000 to discuss your issue in a free and confidential consultation.
Elliot represented me in a recent firearms-related case, and we couldn’t have asked for a better outcome. His professionalism and behind the scenes work are truly second to none!”
California Weapon Offenses
Under California law, gun possession is legal, given restrictions. Anyone 18 years or older who is not prohibited from owning a firearm can have a loaded or unloaded gun in their home, temporary residence, campsite, or in their lawful place of business. However, there are a number of limitations on gun possession and concealed carry, which can lead to misdemeanor or felony offenses. Specifically, you may be prohibited from carrying a gun for life if convicted of a felony or banned from gun ownership for 10 years for certain misdemeanor convictions. You can also be prohibited from carrying a gun into other lawful places if another relevant law applies, such as the Gun-Free School Zone Act. Under this law, your gun is not allowed on school premises or within 1,000 feet of a school.
At Silver Law Firm, we are here to represent you against all types of weapons-related charges, including:
- Felon in Possession of a Firearm (PC 29800)
California law prohibits any person previously convicted of a felony from owning any type of firearm for the rest of their life. If you are found to be in possession of a gun, whether you bought it, someone gave it to you, or someone in your household owned it, then you could be charged with another crime.
- Unlawful Discharge of a Firearm (PC 246.3)
If there is evidence you willfully discharged a firearm or BB device in a way that could result in injury or death to someone, then you will be charged with a felony or misdemeanor, depending on the weapon.
Furthermore, the laws surrounding gun ownership in the U.S. can be tricky. You might lawfully own a pistol, yet get into trouble for transporting it your vehicle. You may have simply forgotten it was in your glove box after taking it to the shooting range, but because of this oversight, you could now find yourself being arrested, booked into jail, and facing damaging charges. This probably feels very unfair. At Silver Law Firm, we know how frustrating something like this can be, and we don’t think your rights should be compromised. We are here to defend you.
Potential Punishments for California Weapons Crimes
Depending on the particular weapon offense of which you are accused, you may face a misdemeanor or felony charge. For many misdemeanor charges, you can be punished by up to one year in jail and a fine up to $1,000. However, felony convictions for a gun crime can lead to three years in prison and fines reaching $10,000.
Keep in mind, some weapons charges are wobblers, meaning they can be charged or sentenced as either a misdemeanor or felony. When facing a wobbler, you will want an attorney who will go to bat for you and seek the lowest possible charge and punishment.
Weapons May Impact Other Charges
While you can be charged with a crime specifically related to a firearm, you can also be charged with a more serious offense if the police believe you possessed a weapon during a criminal act or used a weapon in the commission of a crime. A clear example is the difference between assault and assault with a deadly weapon. Weapons like guns are always an aggravating factor that raise the level of the charge for a crime.
Have you been charged with a crime? Contact Silver Law Firm today.
Defending Against Weapons Charges
If you have been charged with a gun-related offense or are facing an enhanced charge because a weapon was present during the commission of another crime, contact Silver Law Firm now. Our first step will be to carefully review the evidence in your situation. Once we know what you are up against, we will start working to negotiate with the prosecutor to have the charges dropped or reduced.
Some of the things we will discuss as part of your defense strategy will include:
- Lack of the required intent to commit the offense
- Self-defense with a weapon
- The gun went off by accident
- The gun was unloaded, or you believed it was unloaded
- Unconstitutional stop or arrest
- Unconstitutional search or seizure
If law enforcement discovers an illegal weapon in your possession, things may seem bleak. But by partnering with a knowledgeable gun crimes attorney, you may be able to challenge the search and eventual discovery of the weapon. If your rights were violated by an officer who did not have a warrant to search your property, the evidence should be excluded and the charges lessened or outright dismissed. Your lawyer may even be able to show that your possession was, in fact, lawful.
Contact Our Gun Charge Defense Attorneys Today
From attorney Silver’s first day as an intern in the public defender’s office in 1993, he knew criminal law was where he belonged. Elliot Silver has dedicated his life to helping people accused of running afoul of the criminal law.
If you do not address these charges quickly and efficiently, you could have a difficult time avoiding conviction or the maximum possible punishment upon conviction. If you have been charged with a crime involving the possession or use of a firearm, finding effective representation is incredibly important, but it is equally important to find an attorney who believes in you and knows what it really takes to win. After all, you could be facing jail time, a mark on your record, and the permanent loss of one of your rights. With a proven track record of success and a dedication to give every client his all, contact firearm attorney Elliot Silver right away.
Contact Silver Law Firm online, or call (510) 995-0000 to schedule a free and confidential consultation. Attorney Silver’s promise is to remain accessible to each client he represents. If you call, text, or email, you can expect a response right away.