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Possible Defenses To Weapons Charges In California

Okabe & Haushalter Jul 7, 2018 Weapons Charge

Being in the possession of a weapon in California can put you in a difficult legal predicament. It becomes even more challenging when you are in the possession of a weapon during the commission of a crime. Our Los Angeles weapons charge defense attorney would like to share with you the possible defenses to being charged with a weapons crime in today’s post.

What are Some Common Weapons Crimes?

Even though the United States Constitution, in the second amendment of the Bill of Rights, allows citizens to keep and bear arms, there are laws at the federal and state levels that you must follow. The following is a list of the most common weapons crimes committed in California:

  • Violation of a concealed carry law
  • Possessing a gun without the right permit
  • Being in possession of a weapon during the commission of a crime
  • Possessing or using a gun under the age of 18
  • Being in possession of any weapons that have been deemed illegal in your jurisdiction

Defenses to Weapons Charges

Now that you know the kind of weapons crimes you can be charged in, it’s time to look at the available defenses to those weapons charges in California.

Illegal Search and Seizure

Illegal search and seizure is a commonly used defense to weapons charges. The police have to have probable cause before searching your person, your belongings, your vehicle or your residence. If the police illegally conducted a search and subsequent seizure of your weapon then this defense could very well help get the charges against you dropped.

You Were Not in Possession of the Weapon

Another common defense to a weapons charge is that you were not actually in possession of the weapon in question. This can be very difficult to prove but it’s not entirely impossible. You will need a witness or two to testify on your behalf that you did not have a weapon on you during the commission of a crime or when you were stopped by the police.

The Weapon was Locked or Unloaded

When you are charged with a weapons crime in California the charge might not be warranted because of the location of the weapon. It’s quite possible that the weapon was locked in a carrying case or another type of storage unit and the charge was simply tacked on by the officer. Another possibility is that the weapon was not loaded when the suspected crime occurred.

The Weapon was Used in Self-Defense

If you were charged with a weapons offense you might be able to claim self-defense to have the charges either reduced or dropped. Even if the weapon was used, if you can prove it was in self-defense, you could be off the hook when it comes to this crime. You will need eyewitness testimony to help support your defense.

When it comes to facing a weapons charge you should never do it alone. That’s why you need to call our Los Angeles weapons to charge defense attorney at 310-430-7799 today to schedule a consultation.