San Diego Firearms Defense Attorney

San Diego Firearms Defense Attorney: Protecting Your Rights

California has some of the strictest firearm laws in the nation, and even law-abiding citizens can find themselves facing firearm charges due to the state’s complex regulations. If you’re facing a weapons charge, it’s critical to act quickly and secure an experienced San Diego firearms defense attorney who can protect your rights and help you navigate this challenging situation.

At the Law Office of Marc S. Kohnen, we specialize in defending firearm-related charges in San Diego. With over a decade of experience, Marc Kohnen has built a reputation for successfully handling complex criminal defense cases, including firearm offenses.

San Diego Firearms Defense Attorney

Which Items Are Considered as Weapons?

Often, weapon charges are included as additional charges along with other criminal charges. In turn, it can lead to enhanced punishments and increased penalties.

It can be confusing to realize what constitutes a weapon under California state law. But some major items can make the police take immediate action if you’re found carrying them. For example, knives, guns, clubs, sticks, explosives, heavy sports equipment used as weapons, etc., all come under deadly weapons.

Besides determining the type of weapon used, the jurisdiction also evaluates other factors such as the severity of the charges, the damage caused, and the potential penalties to be applied.

The level of harm you may have caused to the victim also becomes a determinant in convicting you. Furthermore, if you have caused severe bodily injury, it can increase your prison time along with heavy fines.

Considering the graveness of the situation, it’s best to have the best legal counsel on your side. Not only can a professional criminal defense attorney defend your case skillfully, but he can also provide a listening ear to understand your side of the story.

San Diego

Understanding California’s Firearm Laws

California law restricts not only who can own or possess firearms but also where and how they can be carried. Violations of these laws often lead to severe penalties, including hefty fines, imprisonment, and long-term consequences like losing your right to own a firearm.

Who Is Prohibited from Owning Firearms?

California law bans certain individuals from owning or possessing firearms, including:

  • Convicted felons.
  • Individuals with certain misdemeanor convictions.
  • Minors under 18 years old.
  • Individuals subject to restraining orders.
  • Those suffering from drug addiction.

If you fall into any of these categories and are found in possession of a firearm, you could face both state and federal charges.

Common Firearm Charges in San Diego

Firearm charges in California can range from misdemeanors to felonies, depending on the specifics of the case. Some of the most common charges include:

  • Illegal possession of a firearm: Carrying a gun without proper permits or violating restrictions on ownership.
  • Carrying a concealed weapon: Without a valid concealed carry permit, this offense can lead to jail time and fines.
  • Possession in prohibited locations: Schools, government buildings, airports, and public transit facilities are just some of the places where carrying a firearm is illegal, even with a permit.
  • Use of a firearm in a crime: Enhances penalties for other criminal offenses, potentially leading to longer prison sentences.
False Accusations
White-Collar Crime

Penalties for Firearm Offenses in California

The consequences for firearm-related offenses in California can be life-altering. Penalties may include:

  • Misdemeanor charges: Up to 1 year in jail and fines up to $1,000 for non-violent concealed carry offenses.
  • Felony charges: Prison sentences ranging from 3 to 10 years and fines between $1,000 and $10,000.
  • Wobbler offenses: Depending on the circumstances, some charges may be prosecuted as either misdemeanors or felonies, based on your criminal history and the specifics of the case.

How Marc Kohnen Can Help You

Facing a firearm charge can be overwhelming, but having an experienced defense attorney on your side makes all the difference. Marc Kohnen is a seasoned San Diego firearms defense attorney who understands the nuances of California gun laws and how prosecutors build their cases.

Here’s how Marc can help:

  1. Comprehensive Case Analysis: Marc examines every detail of your case to identify weaknesses in the prosecution’s argument.
  2. Personalized Defense Strategy: He tailors a defense strategy that aligns with your circumstances and legal goals.
  3. Aggressive Representation: With over 10 years of courtroom experience, Marc has a track record of securing favorable outcomes for his clients.
Criminal Defense

Who Is Prohibited from Possessing Firearms?

According to Californian law, several people are not eligible to possess a gun at all costs.

For example, anyone who has previously been convicted of a felony or misdemeanor is prohibited from keeping a firearm.

Besides that, minors and anyone who has a restraining order or is a drug addict can be charged with a weapon crime if found in possession. Simultaneously, this list of people is also prohibited from owning any ammunition.

Since the federal law also bans certain people from owning a gun, you may have to face a federal weapon offense with California state law offense, too.

Another critical thing to remember: even if the law allows you to carry a gun, it does not mean you can possess a concealed firearm. Doing so requires a special permit, provided which you won’t be charged for any crime.

Prohibited Places for Carrying Firearms

Simply having a permit and license is not enough to carry your firearm anywhere. In reality, California law bans several places where it’s illegal to carry a gun. So, taking your firearm to places like school grounds, government buildings, airports, and public transit facilities can cause a severe weapon charge to ensue.

Hire the Best San Diego Firearms Defense Attorney

Californian law strictly looks down upon firearm offenses. That’s why it’s not uncommon to see severe punishments handed out after conviction.

But sometimes, you can commit a crime without realizing you were violating a law. Often, not knowing what to do can cause considerable damage along with risking your reputation in front of your loved ones.

Once convicted, you can’t eliminate the criminal history and also have to bear the harsh consequences. That’s why it’s necessary to consult with the best legal counsel who can defend you professionally in court.

Marc Kohnen has previously helped many clients get back to a productive life. As a regular attendant of San Diego courtrooms, Marc has gained excellent courtroom skills over the past ten years. Not only that, but Marc is also well aware of the way the prosecution takes a case. Using all his prowess, Marc builds up a strategy that works in your favor.

So, if you are looking for a competent firearms attorney in California, we’re one call away at The Law Office of Marc S. Kohnen to assist you.

Penalties for Weapon Charges

According to California state laws, firearm offenses and weapon charges come under felony. The penalties can include three to ten years in prison along with a fine between $1000 and $10,000.

If you are found carrying a concealed firearm, the conviction can lead to a penalty of up to one year in jail. Besides that, you can also be charged with a fine of up to $1000.

Another thing to keep under consideration is that as long as concealed weapon carrying does not involve violent offenses, you will be charged with a misdemeanor.

On the other hand, some weapon charges are considered wobbler offenses. Wobbler offenses mean that it’s up to the jury to charge the crime as a misdemeanor or felony. The charge depends upon the specifications of your case and your past criminal record. Either way, a conviction can lead to losing your credibility and certain life benefits, such as applying for a military job or owning a firearm in the future.