Tuesday, November 6, 2007

Defense Against a Weapons Charge:

Many weapons arrests are based on evidence collected during searches, seizures and witness interrogations. If the police illegally searched you, your home or your car; or they illegally obtained testimony against you; a skilled attorney can get the evidence thrown out of court on constitutional grounds.

An experienced California criminal defense attorney also investigates if the gun or other weapon was used in:

  • Self-defense or defending property,
  • Protecting yourself or someone from a life-threatening crime (murder or rape), or
  • An accident (lack of intent)

Stephen G. Rodriguez is an experienced Los Angeles Weapons Attorney. If you are facing Weapons charges in Los Angeles, and need a criminal defense attorney, call Stephen G. Rodriguez at (213) 223-2173.

California Weapons Penalties

With a felony weapons offense and sentenced to prison, the judge will choose from three prison terms—“low-term,” “mid-term,” and “high-term.” For example, for an assault with an assault weapon, the low-term is four years in prison, mid-term is eight years and high-term is twelve years. With no criminal record, the sentence would most likely be four years.

For a misdemeanor (such as carrying a concealed weapon with no prior convictions), the maximum allowable sentence is a fine and up to one year in county jail.

Stephen G. Rodriguez is an experienced Los Angeles Weapons Attorney. If you are facing Weapons charges in Los Angeles, and need a criminal defense attorney, call Stephen G. Rodriguez at (213) 223-2173.

Weapons as Defined by California Law:

California criminal law defines “deadly weapon” very broadly and includes weapons listed above plus many more items, including box cutters and tear gas, or even keys, a car, or your own fist if used to harm someone.

Stephen G. Rodriguez is an experienced Los Angeles Weapons Attorney. If you are facing Weapons charges in Los Angeles, and need a criminal defense attorney, call Stephen G. Rodriguez at (213) 223-2173.

California Gun Law

Gun/weapon charges are aggressively prosecuted in California. Most carry the prospect of jail time (or state prison), expensive fines, and a criminal record that may make it difficult to obtain employment and housing.

In general, a weapons offense is a felony under California law, but possession can be charged as a misdemeanor in some cases. The penalties will vary depending on a number of circumstances:

  • The type of weapon involved
  • What was being done with it
  • If it was loaded and/or concealed
  • The individual’s criminal record, drug record or drug use at the time of arrest
  • Any other factors that might affect the sentence

California uses a “determinate” sentencing system to offer different levels of punishment depending on the nature of the crime.

Stephen G. Rodriguez is an experienced Los Angeles Weapons Attorney. If you are facing Weapons charges in Los Angeles, and need a criminal defense attorney, call Stephen G. Rodriguez at (213) 223-2173.