Firearms Defense Attorney Serving Ventura County
Ventura County Illegal Possession of a Firearm
Guns are always a source of potential criminal charges. Not only can possession of a particular firearm be illegal, but the use of an otherwise legal firearm in the commission of a crime can significantly enhance the penalties a defendant can receive. The law also regulates how firearms may be purchased and sold. Possession, moreover, is illegal for certain categories of people, including those convicted of a felony. Finally, even legal firearms can create problems if they are not transferred correctly or if they are illegally concealed.
If you are charged with a firearm offense in California, or if you are subjected to a penalty enhancement for the use of a firearm in the commission of a crime, it is vital that you secure the help of a passionate, talented, and capable Ventura criminal defense lawyer. Whatever the charge, you have rights. We will help you fight unfair and illegal behavior by the police or the prosecution. We will not let you be railroaded into taking an unfair plea bargain or forced to serve an unjustly enhanced sentence based on flimsy evidence and arguments. You need a strong legal defender in your corner to protect your rights. Ventura firearm offense defense attorney Paul Tyler is here to help.
Common Firearms Offenses in California
California state law strictly regulates what types of guns can be legally owned. The size of the magazine, length of the barrel and whether or not the gun is automatic are just a few examples of what can make a gun illegal. Moreover, the law places restrictions on who may possess a loaded gun and how they must display that weapon.
Possession of a loaded firearm is illegal for specific categories of people. Violation of this prohibition can be charged as a felony or a misdemeanor, depending on the circumstances of the offense. The types of people who may not possess a loaded firearm in California include, but are not limited to, the following:
- Anyone with a felony conviction
- Anyone adjudged to be addicted to narcotic drugs
- Persons subject to a court order or probation forbidding the possession or use of firearms
- Persons adjudged to be mentally incompetent
- Persons adjudged to be a danger to themselves or others due to mental illness
- Anyone served with a temporary restraining order or injunction under the California civil procedure or family codes
- Persons dishonorably discharged from the military
- Undocumented immigrants
- Fugitives from justice
- Anyone under indictment or information for a crime punishable by more than a year in jail (a federal offense)
In addition to categories of people prohibited from owning a weapon, anyone who owns a gun must have a proper license. If the weapon is concealed, they must possess a concealed weapon permit. Unlawful possession of a concealed weapon is one of the most common firearms crimes charged in southern California. While it is typically charged as a misdemeanor, it can be charged as a felony depending on the circumstances of the offense, the nature of the defendant, and any prior criminal history.
If you have been arrested for any firearms offenses, California criminal defense lawyer Paul Tyler can help ensure that you are not unfairly subjected to felony enhancements or other draconian punishments. He will fight unjust and unproven charges on your behalf, keeping government attorneys and officers in check.
Illegal possession of a firearm is not the only legal trouble that a gun owner may find themselves in. The use of a firearm in connection with another criminal act typically subjects the defendant to significant penalty enhancement. Misdemeanors can become felonies, probation can become prison time, and a short prison term can quickly become years longer if the prosecution charges the defendant with a gun enhancement.
There are defenses to firearms enhancements, however. The prosecution must prove that the gun was actually used in connection with the offense, not merely that the defendant committed the crime while in possession of a weapon. Criminal defense attorney Paul Tyler knows how to undermine gun enhancement charges to avoid the worst consequences of firearms enhancements.
Get Help from a Knowledgeable and Dedicated Firearms Offense Defense Lawyer
If you or a loved one are facing firearms charges in southern California, please call firearms defense lawyer Paul Tyler. The Law Office of Paul Tyler prides itself on personal, dedicated service to our clients.
To learn more, please call firearms attorney Paul Tyler at 805-889-9000. He will answer your call personally. You will not be required to go through a secretary, paralegal or associate attorney. Call for a free consultation.