What Are the Best Defenses for a Weapons Charge in California?

The legal system surrounding firearms and prohibited weapons can be complex and intimidating, potentially leading to harsh penalties including jail time, significant fines, and a permanent criminal record. Navigating these charges requires experienced legal guidance. Understanding your legal rights and the most effective defenses available to you is crucial when facing a weapons charge. For more information and to protect yourself during your case, continue reading and contact an experienced Tehama County gun crimes lawyer today.

What Are Common Weapons-Related Offenses in CA?

Common criminal charges in California involving weapons include the following.

• Carrying a concealed firearm without proper licensing
• Carrying a loaded firearm in public
• Being a felon in possession of a firearm
• Brandishing a weapon in a threatening manner
• Possessing prohibited weapons
• Unlawful trafficking of weapons

What Are the Best Defenses for a Weapons Charge in CA?

Criminal cases involving weapons are dependent on the facts, like where the weapon was, who owned it, whether it was loaded, and whether you had legal restrictions, among other things. In order to be convicted of a weapons-related offense, the prosecution must prove all aspects of the case beyond a reasonable doubt. Depending on the type of charges you are facing, relevant points may be that you had knowledge of the weapon, you possessed or controlled the weapon, you had the weapon in a prohibited place, you were carrying the weapon unlawfully, or you were a prohibited person.

The best defenses will counter one or more of these points. Consider the following.

• Illegal search and seizure: If law enforcement obtained the weapon through a violation of your Fourth Amendment rights, the evidence could be suppressed and lead to a dismissal of the charges.
• Lack of possession: The defense can argue that the weapon was not in your actual or constructive possession, meaning you neither physically held it nor had control over it.
• No knowledge: If you were unaware of the weapon’s presence, this defense counters the prosecution’s need to prove you knowingly possessed the item.
• Lawful possession: If your charges are based on illegal possession or being in a prohibited place, the defense can demonstrate that you complied with all state and federal laws regarding the weapon.
• Police misconduct/chain of custody issues: Questioning the proper handling of the evidence or proving that law enforcement violated proper procedure could cast doubt on the reliability of the evidence.
• Mistaken identity: It can be effective to claim that the weapon was recovered from someone else, or that the police wrongly identified you as the person who possessed, used, or controlled the weapon.
• Insufficient evidence: Point out holes in the prosecution’s evidence and establish that they cannot prove all elements of the crime.

If you are facing criminal charges in California, these defenses could be effective in your case. However, it is wise to secure the help of an experienced professional. Contact a skilled lawyer at Cohen Criminal Law for more information today.