Unlawful Possession of Firearms: CA PC 12020

Home » Violent Offenses » Unlawful Possession of Firearms

Unlawful Possession of a Firearm: Navigating California’s Complex Gun Laws

Picture this: you’re going about your day, minding your own business, when suddenly you find yourself in handcuffs, accused of unlawfully possessing a firearm. It’s a nightmare scenario that can leave you feeling overwhelmed, confused, and downright terrified. But here’s the thing – you don’t have to face this ordeal alone. The Law Offices of David S. Chesley is here to be your beacon of hope in these trying times.

As your fierce legal advocates, we’ll guide you through the labyrinth of California’s gun laws with the finesse of a maestro conducting a symphony. We know that the legal landscape surrounding firearm possession can be as confusing as a maze designed by M.C. Escher, but fear not – we’ve got the expertise to navigate even the most convoluted of legal puzzles.

Relevant Criminal Codes

First things first, let’s break down the legal jargon into plain English. California has a smorgasbord of laws that govern firearm possession, each with its own unique flavor of penalties and exceptions. Here are the heavy hitters:

• Penal Code 29800 PC: This bad boy makes it a big no-no for convicted felons to own, buy, receive, or possess a firearm. It’s like the bouncer at the club – if you’ve got a felony on your record, you’re not getting in.
• Penal Code 25400 PC: Imagine you’re a spy trying to conceal a weapon on your person or in your vehicle. Well, this code section says that’s a mission impossible. Concealed carry is a privilege, not a right, in California.
• Penal Code 25850 PC: You know how some people think it’s cool to walk around with a loaded gun like they’re in a Wild West movie? Yeah, that’s not gonna fly under this law. Loaded firearms in public or in vehicles are strictly verboten.

Penalties

Now, let’s talk consequences. Getting caught with an illegal firearm is like playing Russian roulette with your freedom – it’s a gamble you don’t want to take. Here’s what you could be facing:

• Misdemeanor Penalties: If the stars align and the prosecutor is feeling generous, you might get off with a misdemeanor. That’s like getting detention instead of being expelled. Still, you could be looking at up to a year in county jail and/or a $1,000 fine.
• Felony Penalties: This is where things get serious. If you’re convicted of a felony, you could be trading in your street clothes for a fashionable orange jumpsuit. We’re talking 16 months, 2 years, or even 3 years in the big house, plus a hefty $10,000 fine.
• Sentence Enhancements: But wait, there’s more! If you’ve got prior convictions or gang ties, the powers that be might decide to tack on some extra time to your sentence, like adding sprinkles to an already unappetizing sundae.

Common Defenses

But don’t start measuring yourself for a prison uniform just yet! The legal eagles at the Law Offices of David S. Chesley have a few tricks up their sleeves to fight back against these charges. We’ll leave no stone unturned in our quest to clear your name. Some common defenses we might employ:

• Lack of Knowledge or Intent: “I didn’t know it was there, officer!” If you truly had no idea that the firearm was in your possession, or you had no intention of breaking the law, we can argue that the charges should be dropped faster than a hot potato.
• Illegal Search and Seizure: The Fourth Amendment isn’t just a suggestion – it’s the law of the land. If the cops trampled on your constitutional rights to find that gun, we’ll fight tooth and nail to get that evidence tossed out of court.
• Momentary Possession: Let’s say you were just holding the gun for a friend, or you found it and were on your way to turn it in to the authorities. That’s what we call “momentary possession,” and it could be your get-out-of-jail-free card.
• False Allegations: In the immortal words of Shaggy, “It wasn’t me.” If you’ve been falsely accused or mistakenly identified, we’ll channel our inner Sherlock Holmes to prove your innocence beyond a shadow of a doubt.

Why Choose the Law Offices of David S. Chesley?

When you’re staring down the barrel of a gun charge, you want the best legal minds in your corner. That’s where the Law Offices of David S. Chesley comes in. We’re not just lawyers – we’re your partners in justice.

Experience and Expertise

We’ve been around the block a time or two when it comes to California’s gun laws. Our team has the knowledge, skills, and moxie to take on even the toughest cases. We’ll dissect the evidence, interview witnesses, and construct an airtight defense that even the most zealous prosecutor couldn’t penetrate.

Trustworthy Legal Representation

At the Law Offices of David S. Chesley, we don’t just talk the talk – we walk the walk. We pride ourselves on building relationships based on trust, honesty, and open communication. When you work with us, you’re not just a case number – you’re part of the family.

Aggressive Defense Strategies

We didn’t become one of the premier criminal defense firms in California by playing nice. We’re not afraid to go to battle for our clients, even if it means ruffling a few feathers along the way. We’ll hit the prosecution with a barrage of motions, objections, and cross-examinations that will leave them reeling. And if push comes to shove, we’ll take your case to trial and fight for your acquittal like our lives depend on it.

Contact the Law Offices of David S. Chesley

If you’re facing charges for unlawful possession of a firearm in California, don’t face this battle alone. The Law Offices of David S. Chesley is ready to swoop in and save the day. All you have to do is pick up the phone and call (800) 755-5174 for a confidential consultation. We’re here for you 24/7, because we know that legal emergencies don’t keep regular business hours.

With strategically positioned offices throughout Southern, Central, and Northern California, we’re always in your corner, no matter where you are in the Golden State. From the bright lights of the big city to the quiet streets of the suburbs, the Law Offices of David S. Chesley has got you covered.

Remember – when life hands you a gun charge, choose the Law Offices of David S. Chesley as your weapon of choice. With us by your side, you can face even the most daunting legal challenges with confidence and swagger. So what are you waiting for? Let’s lock and load and take on this case together.

What is considered unlawful possession of a firearm in California?

In California, unlawful possession of a firearm includes situations where a convicted felon owns, buys, receives, or possesses a gun (Penal Code 29800 PC), when someone carries a concealed firearm without a proper permit (Penal Code 25400 PC), or when a person carries a loaded firearm in public or in a vehicle (Penal Code 25850 PC).

What are the penalties for unlawful possession of a firearm in California?

The penalties for unlawful possession of a firearm in California can vary depending on the specific offense and the individual’s criminal history. Misdemeanor convictions can result in up to one year in county jail and/or a $1,000 fine, while felony convictions can lead to 16 months, 2 years, or even 3 years in state prison, plus a $10,000 fine. Sentence enhancements may also apply for prior convictions or gang ties.

What should I do if I am accused of unlawfully possessing a firearm?

If you find yourself accused of unlawfully possessing a firearm, the first thing you should do is contact an experienced criminal defense attorney. Do not make any statements to law enforcement or anyone else about the situation before consulting with a lawyer. Your attorney can protect your rights, investigate the allegations, and build a strong defense strategy on your behalf.

Can I be charged with unlawful possession of a firearm if I didn’t know the gun was there?

Lack of knowledge or intent can be a viable defense against charges of unlawful possession of a firearm. If you truly had no idea that the firearm was in your possession and had no intention of breaking the law, your attorney may be able to argue for the charges to be dismissed. However, it’s crucial to have strong evidence to support this defense.

What if the police found the gun during an illegal search?

If law enforcement discovered the firearm during a search that violated your Fourth Amendment rights against unreasonable search and seizure, your attorney can file a motion to suppress the evidence. If successful, this could lead to the charges being dropped, as the prosecution would not be able to use the illegally obtained evidence against you in court.

Is it possible to defend against unlawful possession charges based on momentary possession?

In some cases, momentary possession of a firearm may serve as a defense against unlawful possession charges. For example, if you were merely holding the gun for a brief period, such as when handing it over to law enforcement or while in the process of disposing of it, your attorney might argue that this does not constitute unlawful possession.

What if I am falsely accused of unlawful possession of a firearm?

If you have been falsely accused or mistakenly identified in an unlawful possession case, it is essential to work with a skilled criminal defense attorney who can investigate the allegations and gather evidence to support your innocence. Your lawyer will work tirelessly to expose any inconsistencies or falsehoods in the accusations against you.

Why should I choose the Law Offices of David S. Chesley to handle my unlawful possession of a firearm case?

The Law Offices of David S. Chesley has a team of experienced criminal defense attorneys who have extensive knowledge of California’s complex gun laws. We provide aggressive defense strategies, trustworthy legal representation, and personalized attention to each client’s unique needs. Our goal is to build a strong attorney-client relationship founded on open communication and a shared commitment to fighting for the best possible outcome.

What can I expect when working with the attorneys at the Law Offices of David S. Chesley?

When you choose the Law Offices of David S. Chesley, you can expect a dedicated legal team that will thoroughly investigate your case, carefully examine the evidence, and develop a tailored defense strategy. We will keep you informed at every stage of the process, explaining your options and working tirelessly to protect your rights and freedom. Our attorneys are not afraid to take on tough cases and will aggressively advocate for you in negotiations with prosecutors and, if necessary, at trial.

How can I contact the Law Offices of David S. Chesley for help with my unlawful possession of a firearm case?

If you or a loved one is facing charges of unlawful possession of a firearm in California, don’t hesitate to contact the Law Offices of David S. Chesley for help. We offer confidential consultations and can be reached 24/7 at (800) 755-5174. With strategically positioned offices throughout Southern, Central, and Northern California, we are always ready to fight for your rights and protect your future, no matter where you are in the state. Don’t wait – call us today to schedule your consultation and take the first step towards mounting a powerful defense.