Firearms Defense Attorney
Walnut Creek, California has strict laws to protect its citizens from weapons, and getting charged with a weapons offense can have serious consequences. The court system may punish those convicted of this crime severely, which could result in hefty penalties. That’s why it’s crucial to have an experienced Walnut Creek weapons charges lawyer by your side to represent you. With the right legal guidance, you can navigate the legal system and work towards a favorable outcome.
California has some of the toughest gun laws.
Violating weapons laws in Walnut Creek, CA can lead to serious criminal charges and arrests. Some of the more frequent offenses include:
- Engaging in the purchase of firearms from unlicensed sellers, as only authorized gun dealers with a valid permit are permitted to conduct firearm transactions in California.
- Buying a gun without passing the mandatory written exam required by the state.
- Failing to obtain California’s compulsory certification in firearm safety.
- Breaching California’s gun laws by purchasing more than one handgun per month.
- Breaking state gun laws by purchasing a gun without undergoing a background check.
- Disregarding the mandated 10-day waiting period when selling or transferring firearms.
Being in violation of California’s ban on .50 caliber rifles and assault weapons.
Call us for representation in your weapon crime case: 866-713-2159
Common Gun Crime Cases He Handles
He has provided legal representation to clients facing various types of weapons charges. Cyrus has significant expertise in dealing with the following cases in particular:
- Aggravated assault with a deadly weapon – California Penal Code 245(a)(1)
- Assault with a weapon – California Penal Code 245(a)(2)
- Brandishing a firearm – California Penal Code 417
- Carrying a concealed and/or loaded handgun – California Penal Code 25400
- Dealing in assault weapons without a license – California Penal Code 26500
- Illegal discharge of firearms – California Penal Code 246.3.
- Improper handling of a firearm in a motor vehicle – California Penal Code 25850
- Making false statements to obtain firearms – California Penal Code 115
- Manufacture or possession of destructive devices – California Penal Code 18720
- Transfer of large-capacity magazines – California Penal Code 32310
- Use of firearms in a restricted area or for self-defense – California Penal Code 171.7
- Possession of grenade launchers, grenades, machine guns, multi-burst trigger activators, shotguns and short-barreled rifles, silencers, etc.– California Penal Code 18710
- Possession of prohibited weapons such as billy clubs, switchblade knives, and brass knuckles – California Penal Code 16590
- Possession of unregistered firearms or assault weapons – California Penal Code 12031 and 25850
- Possession of a weapon by a convicted felon – California Penal Code 29800
- Drive-by shooting ─ California Penal Code 26100
If someone commits a crime while in possession of a firearm in California, they will receive a more severe punishment compared to those who commit the same crime without a firearm.
California Penal Code 12022 and 12022.5 allow for an additional prison sentence of 1 to 10 years to be imposed on offenders who use a firearm to commit a crime.
Let’s say someone in California is convicted of robbery while in possession of a firearm. If the offender used the gun to threaten the victim during the robbery, they could face an additional 5 years in prison under California Penal Code 12022. If the offender actually fired the gun during the robbery, they could face an additional 20 years in prison under California Penal Code 12022.5.
However, if the bullet from the gun struck and seriously injured the victim, the offender could face an additional 25 years in prison, making their total sentence significantly longer than if they had committed the same crime without using a firearm.
Possible Penalties You Could Face if Charged with a Weapons Crime
When arrested for a weapons offense, you could face various charges. If you are convicted, here are some possible outcomes.
- Assault with a weapon: A prison sentence of up to 4 years and a fine not exceeding $10,000
- Brandishing a firearm: A maximum 1-year jail sentence and a fine of up $1,000
- Carrying a concealed and/or loaded handgun: Up to 3 years in prison if charged as a felony.
- Manufacture or possession of destructive devices: A maximum 4-year prison sentence.
- Transfer of large-capacity magazines: A maximum 1-year jail sentence for a misdemeanor and a maximum 3-year prison sentence for a felony.
- Bringing firearms in a prohibited area: A jail sentence ranging from 6 months to 7 years.
When dealing with such severe allegations, it is imperative to have the guidance of a skilled and experienced gun crime defense attorney to help you evade the severe repercussions that may follow.
Life After a Conviction
Being found guilty of a weapon offense can result in imprisonment, hefty fines, and significant disruptions to various aspects of your life. The consequences of a conviction can be particularly challenging to endure when they affect personal aspects of your life.
Some of the difficulties that you might face are:
- Difficulty in finding housing due to landlords conducting background checks and feeling uneasy about renting to someone with a weapons offense.
- Missed job opportunities as your employer may not be able to hold your position while you serve your sentence.
- Rejection from potential employers as some companies may not want to hire someone who has been convicted of a serious crime like a firearms offense.
- Your eligibility for federal student aid programs could be affected, making it harder to pursue higher education.
- Your freedom might be limited with specific penalties, such as a curfew or the need to meet with a probation officer regularly, which can restrict your daily life.
The Long-Term Effects of a Loss of Reputation
Losing reputation is one of the most difficult consequences for someone who is facing a weapons offense charge. The impact of this loss can extend far beyond just their public image, including:
- Professional reputation may be at risk, potentially causing setbacks in one’s career.
- Personal relationships may suffer due to the loss of trust that comes with a serious criminal conviction.
- If the accused is a parent, their relationship with their child or children could be in jeopardy. Child custody and visitation arrangements may need to be modified to ensure the safety of the children.
When facing a weapons offense charge, a significant portion of one’s life is at stake. It is crucial to seek the assistance of a skilled gun crime defense lawyer who can protect your rights and guide you towards a sense of normalcy. With the help of an attorney from Tabibnia Law Group, you can manage the challenges you are encountering. You can rely on his expertise to provide a strong defense and protect your interests.
If you are facing a charge for a weapon crime, contact our defense lawyer. He is available to help Walnut Creek residents 24/7. Call: 866-713-2159
Common Defenses to Gun Crime Charges
An experienced Walnut Creek gun defense lawyer may employ a variety of strategies to challenge the prosecution’s case, including:
- Denying ownership: If the gun charges hinge on proving the weapon belongs to you, your lawyer may argue that it actually belongs to someone else, such as a previous passenger in your car.
- Fourth Amendment protection: The Fourth Amendment protects us from unlawful searches and seizures. If the gun was discovered during an illegal search or seizure, your attorney may be able to get certain evidence or the entire case dismissed.
- Self-defense: If the use of the gun was justified due to a reasonable fear of death or bodily harm, your lawyer may argue that it was an act of self-defense.
- Police entrapment: The police are not allowed to force or coerce someone into committing a crime, which is called entrapment. If entrapment can be proven, it may lead to the dismissal of the case.
- Accidental discharge: Some gun crimes require the intent to discharge the weapon. Your attorney may argue that the discharge was accidental and not intentional.
After an arrest, the sooner you speak with an attorney, the better. There are many opportunities early on to begin building a strong defense.
Walnut Creek Gun Crime Attorney Can Help
California has strict gun laws that can be challenging to navigate, and it’s possible to face serious charges even if you were unaware you were violating the law. Convictions for these charges can result in severe consequences, including significant fines and even imprisonment.
If you’re facing gun charges in California, it’s crucial to seek the help of an experienced Los Angeles Gun crime lawyer as soon as possible. He can analyze the facts of your case and develop a legal strategy to help you achieve the best possible outcome.
At the Law Office of Cyrus Tabibnia, he believes that everyone deserves a robust defense. With years of experience representing clients in cases involving gun charges, such as illegal firearm possession, assault with a deadly weapon, and illegal firearm sales, he is here to help. Contact our Walnut Creek gun crimes attorney today for a free case evaluation.