Firearm Offenses Attorney in San Diego
Have you been charged with a firearm offense in San Diego? This could be, for example, a violation of California Penal Code 12031, which involves carrying a loaded firearm into a public place, a street, or an otherwise prohibited area. It is important that you understand the elements of a law like this in order for you to fight it. To satisfy Penal Code 12031, for example, you need to possess a (1) loaded (2) firearm in a (3) public place, which is a (4) prohibited area.
Although the Second Amendment of the United States Constitution guarantees Americans the right to keep and bear arms, each state imposes different laws. California, in particular, is known for its strict gun and weapon laws and as a result, breaking any can end in harsh penalties. If you find yourself facing firearm or gun charges, you need an experienced San Diego firearms lawyer to defend you. The law firm of Marc S. Kohnen practices firearm and weapon offenses in San Diego as part of a large range of criminal defense.
Fighting Firearm Offenses in San Diego
There multiple defenses that your attorney can use to help you battle against your firearm offense. For instance, the firearm must be loaded at the time you were arrested for possessing the firearm, so if the firearm was not loaded at the time, you have a defense. In California, firearms are defined as devices used as weapons, such as pistols, rifles, tasers, shotguns and BB guns. If you had no knowledge that you possessed the firearm, you may have a defense. Another common defense that might be available to you is that the area where you possessed the firearm was not a public place in a forbidden area.
You can work with an attorney to determine what defenses are available to you and whether or not you can, or should, pursue these defenses in your criminal case. It is generally not a good idea to pursue a criminal defense case pro se, or, in other words, going through the process alone. Instead, it is vital that you go through the process with the help of an attorney who is licensed, trained and educated in the process of criminal defense and who can help you navigate the ins and outs of firearm offenses in San Diego.
Next Steps in the Firearm Offense Defense Process
Are you ready to hire an attorney to help you with your firearms offense defense in San Diego, but don’t know what steps to take next? The first step is to figure out what type of attorney you need to best achieve the result you seek. Whether you’re looking to dispose of your case entirely or reduce your charges, the right attorney can be a tremendous help.
The Most Common Gun or Weapon Offenses
- Possession of a Deadly Weapon under Penal Code § 16590
- Possession of an Assault Weapon under Penal Code § 30600
- Felon in Possession of a Firearm under Penal Code § 29800
- Carrying a Concealed Weapon under Penal Code § 25400
- Unlawful Sale or Distribution of a Weapon under Penal Code § 26500
- Brandishing a Firearm under Penal Code § 417
- Unlawful Discharge of a Firearm under Penal Code § 246; Penal Code § 246.3; Penal Code § 247; and Penal Code § 12022.53
Factors Considered Whether if It’s Charged as a Felony
- Type of weapon
- Number of weapons
- If the weapon was loaded or not
- What was committed with the weapon
- If the weapon was stolen
- If a minor was involved
- If the offender was under the influence of drugs or alcohol
- The offender’s criminal record
Maximum punishment of up to one year in county jail.
Maximum punishment of up to three years in a state prison.
Who Can Own a Gun in California?
California has several limitations on which citizens can legally own and carry handguns. Most citizens have the right to own and bear arms with the exception of the following:
- A person convicted of a felony
- A person with a mental condition
- A person convicted of certain misdemeanors
- A person addicted to narcotics
- A person who has been involuntarily held because they are a danger to themselves or another
- A person on probation
- A person with a restraining/protective order against them
Hire an Attorney to Assist in Your Firearm Offenses Case Today
Disposing of firearms offenses in San Diego can seem daunting, but it’s not impossible when you have the right attorney advocating for you. If you’re not sure what the next step in the process is, consider giving our law office a call. Pick up the phone today and dial The Law Office of Marc S. Kohnen at (619) 398-2500 to learn more about our areas of practice and the unique qualifications and skills that our attorney can offer you.
“When I met Marc, I was immediately relieved. His calm and professional demeanor was exactly what I needed. He handled my case without a hiccup.”
Heather M. | Rosemead, CA
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
Our Law office
Contact The Law Office of Marc S. Kohnen if you have been arrested and charged with a crime and need a skilled San Diego criminal defense lawyer. The firm represents clients throughout the community, and you can learn about their services by visiting the Areas We Serve page.Office of Marc S. Kohnen
1350 Columbia Street, #700
San Diego, CA 92101