If you have been charged with Felon in Possession of a Firearm in Orange County
, you should contact the Criminal Defense Attorneys at the Atias Law Firm. The Felon in Possession of a Firearm
laws prevent various types of people from carrying a firearm including people who have been convicted of a felony offense or certain misdemeanors and people who are addicted to any narcotic drug. The full text of the Felon in Possession of a Firearm laws in Orange County can be found in California Penal Code Section 29800. To prove that the defendant is guilty of Felon in Possession of a Firearm
, the Prosecutor must prove that
- the defendant is either a person convicted of a felony offense or certain misdemeanors;
- the defendant owned, purchased, received, or possessed a firearm, and
- the defendant knew of the presence of a firearm
In California, a felon is anyone who has been convicted of a felony offense in any state including convicted under federal law. Possession only requires control of the firearm whether that control was actual or constructive. Also, being addicted to a narcotic drug means that the defendant is both emotionally and physically dependent on the drug. The Felon in Possession of a Firearm laws in Orange County can be confusing to a defendant charged with a crime. The Criminal Defense Attorneys at the Atias Law Firm know the ins and outs of these particular criminal charges and we may be able to help you get your case dismissed or lowered to a lesser offense.
Will I Go To Jail?
Possibilities & Penalties For Felon in Possession of a Firearm Charge in Orange County
Felon in Possession of a Firearm is a felony in California. The charge is punishable by a maximum of three years in jail and a fine of up to $10,000. A defendant will also most likely be required to forfeit his or her weapon. Deportation could also be an issue for legal immigrants or aliens.
Felon in Possession of a Firearm Defenses in Orange County
The Criminal Defense Attorneys at the Atias Law Group knows the defenses that may help get your Felon in Possession of a Firearm charge dismissed. There are a number of defenses to Felon in Possession of a Firearm in Orange County, however the applicability of those defenses depends on the facts of your case. For example, as you can see above, the Prosecutor has a lot to prove. We will work hard to show that any number of the requirements of the law aren’t met. For instance, we may be able to show that the defendant did not legally possess the firearm. Another defense is that the defendant didn’t know about the firearm’s presence such that if one does not know the firearm is where it was, the defendant is not liable for the charge. Another defense may be one of self-defense in that the defendant reasonably believed that he/she or someone else was in imminent danger of suffering great bodily harm. It is also a defense if a defendant only momentarily possessed the firearm such that he/she possessed the firearm for the sole purpose of abandonment, disposal or destruction of the firearm. Other defenses include being in justifiable possession of the firearm or that the defendant was being falsely arrested.
Restoring Rights To Possess Firearms
If convicted of a felony involving a firearm, there is simply no way to restore firearm rights. However, there are several ways to restore California gun rights depending on why the firearm rights were revoked. The most common way to restore firearm possession rights is to reduce any California felony to a misdemeanor. The method only works in the case of crimes that are considered wobblers such that if convicted of a wobbler felony, a defendant can petition the court to reduce the felony to a misdemeanor. If the petition is granted, the defendant’s gun rights automatically restore.
How Can Felon in Possession of a Firearm Charges Be Reduced?
When the prosecution case is strong, sometimes the best tactic is to try to work out a plea deal with the Prosecutor. The Criminal Defense Lawyers at the Atias Law Firm may be able to get your Felon in Possession of a Firearm charge, and the penalties reduced to those penalties associated with Misdemeanor Felon in Possession of a Firearm.
What Happens If I Have a Prior Conviction?
If you have prior convictions for Felon in Possession of a Firearm, then you may face increased penalties in your current Felon in Possession of a Firearm case. The Criminal Defense Lawyers at the Atias Law Firm aggressively challenge any prior convictions. For instance, if your prior Felon in Possession of a Firearm conviction occurred more than 10 years ago, or if it occurred in another state, then we may be able to get those prior convictions stricken. If we can successfully strike your prior convictions, then you will only face 1st time Felon in Possession of a Firearm penalties.
What Should I do about a Felon in Possession of a Firearm charge in Orange County?
Contact the Atias Law Firm today for a free and confidential consultation regarding your case. We will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.