I Was Just Arrested On A Weapons Charge In Van Nuys, CA. Is It A Felony Or A Misdemeanor?
Any weapons related offense is called a wobbler in California, which means that prosecutors have discretion as to whether they charge the case as a misdemeanor or a felony.
There are a number of factors that prosecutors will consider when making this determination, including the defendant’s prior criminal record. If they have a clean criminal record, they will be in a much better position for receiving a less serious charge.
Misdemeanor cases are usually charged for first offenses, simple possession, and brandishing a weapon. These cases are taken very seriously and the city attorney’s office has a special gun unit that is dedicated to prosecuting gun crimes. Anyone who is facing a weapons-related offense in California should hire a criminal defense attorney who has experience dealing with these types of cases.
I Was Pulled Over For Speeding In San Fernando Valley, California And The Officer Found A Gun. I Have a Permit To Carry But I Still Received A Charge Of Improper Handling Of A Firearm In A Motor Vehicle. How Is This Possible?
If a person is going to transport a gun and bullets, then both the gun and the bullets have to be locked in different compartments in the car. For example, the gun could be locked in the glove box, and the bullets could be locked in the trunk. The point is to ensure that the passenger is not able to access and load the gun.
If the police pull over an individual whom they suspect has a weapon in the car, they are going to figure out some way to search the car. If they find the weapon, then the driver will be charged with a weapon-related offense.
It is hard to shake weapon-related offenses, especially in today’s society. The police will aim to punish the defendant, give them a criminal record, and take away their gun rights.
Can I be charged with assault with a deadly weapon If officer discovered a hidden handgun, but I didn’t pull it out? An individual would have to show the weapon, or another person would have to know that they have a weapon in their possession in order for there to be a charge of assault with a deadly weapon.
The individual would, however, be charged with possession of a handgun, and could face more serious charges if the handgun was loaded and if the party who is making the accusation of assault with a deadly weapon saw the weapon or claimed that they were threatened with it.
I Was Pulled Over For Speeding In California And I Have A Handgun In My Trunk. Do I Have To Let The Officer Search My Car?
If the police ask to search a person’s car and the person does not give them consent to do so, then the police would need probable cause in order to search the car. If they searched the car without probable cause, then the search would be considered illegal, and anything they would find could not be used against the person in court.
If the police believe that someone has a gun in their vehicle, oftentimes they will find it, and at that point, it would be up to the defense attorney to assert that search and seizure laws were violated.
In order to support the argument that an illegal search and seizure occurred, dash cam, body cam, and any other form of video footage would be helpful, as well as witness testimony. The defendant would also have the option of testifying.
Ultimately, it would be up to a judge to determine whether or not a search and seizure violation occurred. The bottom line is this: a person should never give the police consent to search their vehicle.
What Constitutes An Illegal Search And Seizure Pertaining To Weapons In California?
When it comes to searching for weapons, the police violate a lot of laws because they think it’s very important to capture weapons for the safety of the public. The police are not allowed to enter a person’s home without that person’s consent or a warrant.
In order to get a warrant, the police would need to have probable cause. An individual is allowed to possess registered weapons. If the police were to illegally enter someone’s home, that person’s attorney could file a motion for an illegal search and seizure and violation of the individual’s Fourth Amendment right. The weapons seized as the result of an illegal search could not be used to press charges, and they would have to be returned to the individual from whom they were taken.
If an individual forgot that their handgun was in the trunk of their vehicle when they were stopped by the police while in a school zone, there would be no problem as long as there were no bullets in the gun. If the police found a loaded gun while conducting a legal search of the vehicle, then the driver could be charged with illegal possession of a weapon.
Having a weapon in a school zone in Los Angeles would be an additional charge that could be levelled against the individual, and it would likely result in a harsher punishment. However, if the defense attorney could show that having the gun in the vehicle was truly an accident, then the defendant would be in a much stronger position to have the matter resolved in the best possible way.
If A Weapon Was Used In The Commission Of A Crime, How Does That Impact A Weapons Charge?
For many years now, Los Angeles County has limited the right to possess and use weapons. If someone used a weapon during the commission of a crime, they will face very stiff penalties, including a 10-year weapon enhancement.
For example, if someone used a weapon to commit a robbery, then they would face five years in prison for the robbery, and an additional 10 years for the use of the weapon. Since robbery and use of a weapon are violent crimes, they count as strikes, and a convicted individual would have to serve 85 percent of the 15-year sentence.
Los Angeles prosecutors and judges treat these crimes very seriously, as there is a greater risk of death whenever a weapon is involved in the commission of a crime. If someone fires a weapon during the commission of a crime and it hits another person, they will receive a 25-year enhancement of the charge.
This means that the individual will have to serve an additional 25 years in prison, and serve 85 percent of that sentence. These are some of the harshest laws in the world related to weapons. If you or a loved one is facing a weapon-related offense, you need to immediately obtain an attorney.
If I Am Stopped By Police, Do I Have To Inform The Officer That I Have A Weapon And A Permit To Carry?
If someone has been stopped by police in Los Angeles County and they have a weapon in the vehicle which they lawfully possess, they should absolutely tell the police. Telling the police about a lawfully-possessed weapon in the vehicle is important for the driver and the officer’s safety.
If the police see that someone has a weapon in the car, then they are obviously going to be on high alert, and they may be more likely to use their own weapons against the individual. In other cases, I do not advise people to share with the police information that could ultimately be used against them or lead to an arrest.
If The Police Found Weapons Not Registered To Me During The Execution Of A Search Warrant That Was Not Related To Weapons, Will I Still Face A Weapons Charge?
It is common for the police to execute a search warrant and find things which they did not intend to find. If the police were looking for drugs when they found unregistered weapons, they could use that against the individual as long as the search was legal. With that said, the police are not allowed to go beyond the scope of the search warrant.
In other words, if a search warrant says that they can search certain areas and they decide to search areas that are not listed in the search warrant and they find illegal contraband, then the defense attorney could argue that anything that was found outside the scope of the search warrant should not be used against the defendant.
For more information on Weapons Charges In Los Angeles, California, an initial consultation is your next best step. Get the information from the Hedding Law Firm and legal answers you are seeking by calling (213) 542-0940 today.