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Weapons Charges: a Felony or Misdemeanor? (And What Penalties Can You Expect?)

Okabe & Haushalter Mar 17, 2018 Weapons Charge

In recent weeks, one of the worst school shootings in U.S. history triggered a heated debate on gun control all across the nation. Owning a weapon has become much more troublesome now that tens of millions of Americans are up against the current laws regulating the possession of weapons.

This means getting arrested on weapons charges is more likely now than ever before. That’s why we brought our Los Angeles weapons charges defense attorney to explain what punishment and penalties to expect if you’re charged with any of weapons violations.

If you currently own a gun, you should definitely read this information to know that use and even mere possession of a weapon or firearm can be extremely dangerous, not only because it can harm you, your family and other individuals, but also because it’s not uncommon for Americans to be arrested on bizarre and exaggerated weapons charges.

Types of weapons charges

But before we get started, it’s crucial to understand what types of weapons charges exist in Los Angeles and elsewhere in California. Here are some of the most common types of weapons charges:

  • Weapons distribution and/or sale
  • Possession of guns
  • Assault with a firearm or deadly weapon
  • Use of a firearm while committing a crime
  • Discharge of a firearm while committing a crime
  • Brandishing a firearm.

Is a weapons charge felony or misdemeanor?

Whether a judge will consider your weapons charge as a misdemeanor or felony depends on the circumstances of your case. However, it’s highly advised to be represented by a Los Angeles weapons charges defense lawyer to be legally prepared and mount an aggressive and believable defense.

With an attorney by your side, you can either reduce the severity of charges and penalties or avoid punishment and charges altogether. Here at Okabe & Haushalter law firm, our lawyers have handled cases involving a great variety of weapons, including but not limited to knives, swords, shotguns, rifles, AK47s, handguns, and many others.

Felony and misdemeanor penalties for weapons charges

Under the California Penal Code, you may face either a misdemeanor or felony charge for illegally carrying a weapon, using it, or in any other way violating state gun laws in Los Angeles.

If you’re charged with a misdemeanor, you’re facing up to 1 year in county jail and/or a fine of up to $1,000. Felony weapons charges, meanwhile, can result in up to 20 years in state prison, and an even bigger fine. Other penalties may apply depending on the severity of charges and circumstances of your case as well as the existence of prior criminal records.

Do note, however, that your case could be subject to a California sentencing enhancement, which can hold you in jail for even longer than initially expected. It’s highly advised to hire a Los Angeles criminal defense attorney to prevent the judge from throwing one, three, 10 or even 20 more years on top of your sentence for gun possession, firing a weapon or injuring a person with a gun.

Here at Okabe & Haushalter law firm, our best criminal defense attorneys understand the severity of weapons charges and what consequences they can have. That’s why we’ll fight tooth and nail to defend your rights and your freedom.

Contact our Los Angeles offices to get a free consultation today. Call at 310-430-7799 or complete this contact form for a free case evaluation. Remember: you can’t trust anybody but your lawyer.