California firearm charges vary in range and penalties. Weapon charges can cause you loss of liberty and also require you to forfeit your firearm to the government. Our gun lawyers are here to help you navigate the complicated criminal justice system to protect your rights.
There are many types of charges you can face that involves possession of firearms. These include, but are not limited to:
Loaded Firearm in Motor Vehicle (PC 26100)/ Drive by Shooting (PC 26100(c)). This offense in California is described as the possession or allowing the possession of a firearm in a vehicle. This section of the penal code also covers “drive by shootings,” which involve shooting a firearm from a vehicle at another person, other than the occupant of the vehicle.
The penalty for loaded firearm in a vehicle is a misdemeanor, which carries up to 6 months in jail or a fine of $1,000 or both. If on the other hand, you knowingly allow the passenger of the vehicle to shoot the firearm from your vehicle, the case can be filed either as a misdemeanor or felony. If charged as a felony, penalties range from 16 months to 3 years in prison and a maximum fine of $10,000.
Brandishing a Weapon (PC 417) - This offense in California is described as exhibiting any deadly weapon, not in self-defense, in the presence of people, in a rude, angry or threatening manner, or using the deadly weapon in a fight.
The penalties for this offence vary depending on the facts surrounding the crime. Brandishing a weapon, other than a firearm, is a misdemeanor that carries a penalty of 30 days in jail. However, the crime of brandishing a firearm in a public place carries a penalty of 3 months to 1 year in jail and a fine of $1,000. Other circumstances can result in a felony conviction. Contact an experienced firearm attorney to help you with your given circumstance to ensure you get the best result possible on your case.
Carrying a Concealed Weapon (PC 25400). In California, you are allowed to carry a concealed firearm, if you have a permit. If not, you could face an array of charges. You may be charged with carrying a concealed weapon if you carry a firearm concealed on your person, or you carry a firearm concealed in any vehicle that is under your control and cause a firearm to be carried concealed in any vehicle where you are an occupant.
Carrying a concealed weapon in California is a misdemeanor, but it can be charged as a felony, depending on the circumstance surrounding your case, such as if you have a previous felony conviction, are in a gang or other circumstances.
The penalties for this offense is up to 1 year in jail and a fine of up to $1,000. If convicted of a felony under this penal code section, you could face up to 3 years in county jail, and a fine up to $10,000.
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