CRIMINAL DEFENSE ATTORNEY IN SACRAMENTO CALIFORNIA
The United States Constitution allows individuals the right to possess firearms, but every state has different ways of regulating the use and possession of firearms, and California gun laws are among the toughest. California has complicated codes and potential for severe penalties so make sure if you are charged with violating of statutes, you consult with a criminal defense attorney.
If you are a resident of California and legally purchase a gun, you are already registered in the state’s database. There are many categories where people are not allowed to own a gun in California and that includes:
- anyone who has been convicted of a felony or any violent offense;
- anyone who is ordered to not possess firearms as a condition of probation;
- anyone who has been convicted of a misdemeanor;
- most people who have a restraining order;
- anyone who is found by a court to be a danger to himself, herself or others because of a mental illness;
- anyone who is considered a mentally disordered sex offender;
- anyone who is addicted to the use of narcotics;
- anyone who receives a dishonorable discharge from the military and
- anyone who is not legally residing in the United States.
There are various gun crimes that people can commit but the most common one is selling or possessing an illegal assault weapon. These charges can be either considered a misdemeanor or a felony depending on the circumstances. A misdemeanor can result in imprisonment for up to one year and/or probation fines and if it’s a felony, the sentence is 16 months, two, or three years imprisonment plus a fine.
Other gun crimes include:
- bringing a gun on public or private school property, or even 1,000 feet of the school grounds’
- carrying a concealed weapon without a permit is a misdemeanor with a sentence of up to one year in jail and/or fines;
- assault with a firearm, which carries a more severe sentencing.
If you are charged under any of these statutes, make sure to consult an experienced criminal defense attorney in Sacramento California who can help you immediately.