Guns and Firearms Lawyer in Riverside

If you are facing charges related to guns and firearms in California, you should consider hiring a skilled and experienced defense attorney in Riverside.

The state has strict penalties for offenses such as illegal possession of firearms or ammunition, carrying a concealed weapon, brandishing a firearm, and transporting a firearm in a vehicle. Additionally, a gun enhancement can increase the penalties for other charges. Our firm defends individuals against these types of charges, including “wobblers,” which can be charged as either misdemeanors or felonies.

A conviction for a felony weapons charge can result in a permanent criminal record, imprisonment, a lifetime ban on owning firearms, and limitations on housing and employment opportunities. Choosing the right legal representation can greatly impact the outcome of your case.

Guns and firearms charges in California

California regulates who may own a firearm, how it may be carried and transported, and which firearms and accessories are lawful at all. Most of these rules are found in Part 6 of the California Penal Code. The types of charges we defend include:

• Illegally possessing a firearm or ammunition as a convicted felon or other prohibited person (Penal Code 29800 and 30305)
• Carrying a concealed firearm without a license (Penal Code 25400)
• Carrying a loaded firearm in public (Penal Code 25850)
• Unlawfully displaying or waving a firearm, known as brandishing (Penal Code 417)
• Carelessly or negligently discharging a weapon (Penal Code 246.3)
• Having a firearm on school property or in a gun-free school zone (Penal Code 626.9)
• Holding a firearm while under the influence of drugs or alcohol
• Possessing an assault weapon (Penal Code 30605)
• Possessing a magazine capable of holding more than ten rounds
• Not safely storing a firearm, resulting in access by a child
• Making unauthorized changes to a firearm, or possessing a firearm with an altered serial number
• Being in possession of a firearm that is not registered
• Using a firearm during the commission of another offense (Penal Code 12022.5 and 12022.53 enhancements)

Penalties for weapons offenses

If convicted of a misdemeanor firearms offense, an individual may face a maximum penalty of one year in a county jail as well as standard court costs and fines. Additionally, a period of probation lasting up to five years may also be imposed. In contrast, if the charge is filed as a felony, the maximum possible penalty could be a prison sentence in a state correctional facility, generally 16 months, two years or three years for most possession offenses.

Firearm enhancements

The most serious consequences usually come not from the weapons charge itself but from an enhancement attached to another felony. Personally using a firearm during a felony can add three, four or ten years to a sentence under Penal Code 12022.5, and the “10-20-life” law in Penal Code 12022.53 adds ten years for using a gun, twenty for firing it and 25 years to life if someone is seriously injured or killed. Since 2018, judges have had discretion to strike these enhancements in the interest of justice, and persuading the court to do so is a central part of our work in these cases.

Losing the right to own a firearm

Beyond jail or prison, a conviction can end your right to own a gun. A felony conviction carries a lifetime ban under California and federal law. Certain misdemeanors, including domestic violence offenses and brandishing, carry a ten-year ban, and a domestic violence restraining order requires you to surrender your firearms while the order is in effect.

Defending a firearms charge

Most weapons cases begin with a search: of a car during a traffic stop, of a home, or of a person on the street. Whether that search was lawful is often the whole case. If the officer lacked a valid reason for the stop or the search, the firearm can be suppressed and the charge dismissed. Other defenses include:

• You did not know the firearm was present, or it belonged to someone else with access to the car or home
• The firearm was lawfully transported, unloaded and in a locked container
• You were exempt, for example as a licensed carrier, at your own residence or place of business, or at a shooting range
• The weapon does not meet the legal definition of an assault weapon, or the magazine capacity was measured incorrectly
• The prior conviction that makes you a prohibited person can be reduced or expunged

Many firearms offenses are wobblers. Where the case cannot be dismissed, we work to have it filed or reduced as a misdemeanor, to keep a felony off your record and preserve your rights.

Reasonable, flat fees with payment plans available

While processing these cases, Fontes Law Group, PC offers skilled legal services to clients across the United States and around the world. We quote reasonable fees for our criminal law matters. They are accepted on a flat-fee basis, and payment plans are available. Our sophisticated, efficient, affordable, and client-centered services separate us from other firms as we help our clients achieve their goals.

Helpful resources

• California Department of Justice: Bureau of Firearms (ownership, transport and prohibition rules)
• California Penal Code (Part 6: Control of Deadly Weapons)
• Superior Court of California, County of Riverside: Criminal Division