The Catastrophic Repercussions of California Weapons Charges

Some media platforms portray California as a lawless frontier where crime runs rampant and the rules don’t apply. It’s no wonder so many people choose to arm themselves – even when doing so could result in serious legal consequences. If you’ve been arrested for any firearms crime, you should know the legal strategies for handling weapons charges in Southern California.

Once you learn the potential consequences of firearms-related crimes, it becomes clear why these strategies are critical. Even seemingly minor charges can result in more than a decade in prison, and when charged alongside other crimes, the potential penalties can be even more severe. If you’re facing weapons charges in Southern California, knowledge is power.

More importantly, knowledge of the best legal defense strategies may keep you out of prison.

Challenge the Legality of the Search and Seizure

Imagine a situation where an individual clearly committed a crime related to firearms. Envision evidence that’s both convincing and indisputable. In fact, think of the evidence as so powerful that any jury would return a guilty verdict at trial. Did you know that – even in such a situation – it’s possible to avoid a conviction by challenging the legality of the search and seizure?

You have Fourth Amendment rights against illegal searches and seizures. If you can successfully challenge law enforcement’s search, then any evidence they collected in the process of their unlawful search can likely be suppressed. This means the prosecution will not have the option of presenting this evidence – even if it’s the firearm in question – to a jury.

This is one of the most critical legal strategies for handling weapons charges in Southern California. Put simply, a successful challenge to the legality of the search and seizure could stop a prosecution in its tracks. You may not have to worry about arguing your case to a jury – because charges are often dropped in these circumstances.

Argue Lack of Knowledge or Possession

Even when evidence cannot be suppressed, it’s still possible to avoid a conviction. One of the most common strategies for doing so is to argue a lack of knowledge or possession. For instance, your attorney may argue that you didn’t know the firearm was in your possession.

Knowledge of such possession must be proven by the prosecution, so this can be a critical defense strategy.

Your lawyer may also argue that you did not have actual control over the weapon or constructive possession. The latter of these terms means that a person has both the ability and intent to control the weapon in question. While “possession” might seem like a straightforward issue, the fact remains that the law is nuanced. Even if police found a gun during your arrest, there’s no guarantee that you’ll be convicted.

Self-Defense or Defense of Others

California has strict gun laws, but this doesn’t mean citizens can’t defend themselves. However, it’s important to keep in mind that self-defense won’t always be an effective legal strategy — particularly if you were illegally carrying a firearm when a random attack occurred. Still, your attorney may be able to argue that you possessed a firearm out of necessity.

For instance, envision a scenario where an individual with the legal right to own a firearm is attacked and drops their weapon. Even if you’re not legally allowed to own a gun, you may be within your legal rights to pick up the gun and use reasonable force to defend the other person. This can clearly become a complex issue, so make sure you seek legal guidance.

Challenge the Evidence

There are many complex legal strategies for fighting California weapons charges. However, the best strategy may be as straightforward as challenging the evidence against you. Rather than dealing with issues of constitutionality, self-defense, or other complex legal matters – you could simply challenge the evidence.

There are various ways of doing this. For instance, a defense team may investigate whether the prosecution is able to establish a clear and unbroken chain of custody. If a firearm was mishandled, lost, or tampered with in any way, the evidence against you may be seen as unreliable.

Defense attorneys are also increasingly using forensic analyses — such as fingerprints, DNS, and ballistics — to challenge the strength of the prosecution’s evidence. Even something as simple as an alibi can prove invaluable to avoiding a criminal record.

Plea Bargaining

When people think of defense strategies for weapons charges in Southern California, their primary concern typically focuses on a not-guilty verdict. However, it’s important to recognize the reality of any given situation. The fact is that the overwhelming majority of criminal charges in America are resolved with plea deals rather than going to court.

In some instances, the best defense strategy may be to minimize the potential penalties you’re facing. However, this doesn’t mean you should immediately accept a plea deal from the prosecutor – even if it seems like they’re going excessively easy on you. The fact is that the state will often overcharge an individual to gain more leverage during plea negotiations.

If a plea deal is right in your situation, it’s important that you have a legal professional handle these negotiations on your behalf. The prosecution is hoping that you’ll choose to handle your Southern California weapons charges on your own. Don’t allow them to have this advantage. A lawyer may be able to negotiate a better deal and help avoid severe penalties.

Do You Need an Attorney?

Perhaps the most important legal strategy when arrested for any criminal allegation is hiring an attorney. While this may not seem like a strategy in and of itself, having a legal professional on your side can prove invaluable. That’s because they can review your case and identify the best potential strategy for helping you avoid severe penalties.

The simple fact is that the prosecution is often more concerned with attaining convictions rather than true justice. Unfortunately, this is often done by using shortcuts – such as overcharging defendants in order to scare them into accepting plea bargains. Before you make any decision related to your case, you should at least speak with a criminal defense attorney.

At The Socal Law Network, our dedicated team of legal professionals can help you choose the appropriate legal strategy for handling weapons charges in Southern California in your case. Contact us at 949-779-3799 for a free consultation today.