Criminal Defense
/
Firearms Crimes

Criminal Defense

What a Firearms Defense Attorney Can Do?​

Los Angeles criminal attorney Stephen Sitkoff has specialized in defending a wide range of Los Angeles firearm crimes for over 3 decades. As a former senior LA prosecutors with over 39 years of criminal law expertise and a demonstrable track record of success, Mr. Sitkoff is recognized among the most experienced gun offense defense lawyers in Los Angeles. Call our LA criminal attorneys now at (888) 579-4844 for a free no-obligation case analysis.

What are California gun control laws?​

Although the Constitution affords us the right to keep and bear arms, there are State and Federal statutes that regulate the possession of a firearm and ammunition. These “gun control” laws govern not only who can own or possess a firearm but also which firearms are considered legal or illegal to own or possess and how to transport a firearm legally. Criminal charges involving firearms are subject to stricter penalties in Los Angeles. Offenses related to firearms often result in mandatory jail time or, in severe cases, extended state prison sentences. The sentencing range for these charges typically includes a minimum sentence of several months or years, with maximum sentences potentially reaching decades, depending on the nature of the crime and any aggravating factors involved. If you have been arrested for a Los Angeles firearm crime, contact us immediately at (888) 579-4844 for a free consultation with a firearm crimes defense attorney to learn more about what to expect next and how we can help you obtain the best possible case resolution.

Los Angeles Juvenile Gun Possession Crimes

It is a constitutional right to own guns. There are many laws, however, that restrict when you are allowed to carry a gun and when you are allowed to use a gun. With regard to minors, weapon offenses are serious crimes. All weapons-related charges must be fought in court with the assistance of a reputed juvenile crime defense attorney.

Juvenile Gun Possession And Gang Enhancements

When a minor is found with a weapon, he or she may also face gang-related charges if there is some indication of gang affiliation. Police and judges are often quick to assume that a criminal street gang is involved whenever there are illegal firearms. This is a serious allegation, as gang enhancements significantly increase criminal sentencing exposure. This is why it is crucial for all juveniles charged with a weapons offense to get an experienced Los Angeles juvenile gang crime defense lawyer on their side right away.

Common Juvenile Firearm Crimes Defense Violations

Since juveniles are not legally allowed to possess handguns or ammunition, there are many gun laws that may come into play when a juvenile is found in possession of a firearm. A couple examples of common juvenile gun crimes include:

  • Possession without a Permit (Penal Code Section 12031): “A person is guilty of carrying a loaded firearm when he or she carries a loaded firearm on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.” Possession without a permit is the most common California firearm offense. This is typically a misdemeanor criminal charge that could result in jail time.
  • Brandishing a Firearm (Penal Code 417): “Every person who, except in self-defense, in the presence of any other person, draws or exhibits any firearm, whether loaded or unloaded, in a rude, angry, or threatening manner or who in any manner, unlawfully uses a firearm in any fight or quarrel is punishable.” Penal Code 417 also covers brandishing a deadly weapon that is not a firearm.

Contact Our Los Angeles Firearm Defense Lawyers Today For A Free Case Review

The consequences and punishments for a California firearms crime can be severe and permanent. Therefore, a top notch criminal firearm crimes defense lawyer with expertise in firearms defense in Los Angeles is the most critical factor in obtaining the best outcome for you. If you have been arrested for a weapons offense involving a gun or rifle, do not delay and contact one of our experienced Los Angeles firearm crimes defense and firearm attorneys today for a free consultation at(888) 579-4844. We have successfully defended weapons offenses in Los Angeles since 1987, and for our client’s convenience, we maintain satellite office locations in the following Southern California cities:

Torrance, Encino, Glendale, Long Beach, Pasadena, Woodland Hills, West Covina, Burbank, Cerritos, Whittier, Norwalk, Santa Clarita, Oxnard, Westlake Village, Orange, Newport Beach, and Huntington Beach

Brandishing A Firearm | PC 417(a)(2)

Elements Of Brandishing A Firearm | PC 417(a)(2)

Los Angeles prosecutors and law enforcement agencies take all crimes seriously. However, there are certain criminal offenses that tend to trigger more aggressive responses from police and prosecutors such as violent crimes involving guns and other firearms. Consequently, firearms related crimes often carry more punitive punishments for those convicted, often involving jail time even for 1st time misdemeanor offenders. While it is legal to carry a concealed weapon (firearm), provided you possess a valid concealed weapon permit, exposing your legally owned and carried gun is considered a misdemeanor firearm crime if you did so in the following manner, described under California Penal Code statute 417(2):

  • You drew or exposed either an unloaded or loaded firearm in the presence of another in a rude, threatening, or angry manner
  • You used a firearm in a fight or quarrel, not in self-defense

What does California define a firearm as?

California defines a firearm as “a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion.” Under this definition, the following weapons are firearms:

  • Handguns
  • Machine guns
  • Pistols
  • Rifles
  • Revolvers
  • Rockets and rocket launchers
  • Shotguns

The law also says that a frame or receiver that holds the parts of a gun that allow it to fire is a firearm. Even if a gun isn’t fully assembled, you could face weapon charges for brandishing this section of the weapon. An unloaded antique firearm isn’t considered a firearm in California.

There are three main defenses that an attorney can use to try and prevent a felony conviction or misdemeanor conviction for someone charged with violating PC 417(a)(2):

  • Self-defense: Establishing that you were defending yourself from imminent harm<
  • Non-threatening demeanor: Showing that you brandished a firearm without threatening to cause anyone bodily injury. For instance, you seek to prove that you produced a firearm to show it to a friend.
  • Not possessing a deadly weapon: Demonstrating that you didn’t have a deadly weapon or firearm. For example, you prove you were holding a realistic-looking water pistol.<

Under what circumstances of self-defense can I use a firearm?

To make a self-defense claim in California, you must prove that all the following were true:

  • You had a realistic reason to believe that you faced an imminent threat of bodily harm or death
  • You had a realistic reason to believe that you had no choice but to use force to stop the threat
  • You did not use more force than necessary to neutralize the threat

Penalties For PC 417 – Brandishing A Firearm

The punishment for Brandishing A Weapon in Los Angeles can be severe, even if your case does not involve a gun. Under PC 417(a)(1), exhibiting any deadly weapon other than a firearm carries 30 days of mandatory jail time and up $1,000 in fines. However, if you have been arrested or charged with a misdemeanor Brandishing A Firearm under PC 417(a)(2), you face the following enhanced penalties:

  • 90 days of mandatory minimum jail time and up to 1 year
  • Maximum fine of $1,000
  • Up to 5 years of probation
  • Loss of gun ownership rights

Although most Los Angeles Brandishing A Firearm arrests are typically prosecuted as misdemeanor gun charges, certain aggravating circumstances may allow prosecutors to file felony gun charges against you. Drawing gun upon another on the grounds of a day care, educational, or recreational facility where programs are conducted for persons under 18 years old or exposing a firearm upon a peace officer engaged in his or her duties can result in felony Brandishing A Firearm charges, which carry up to 3 years in prison along with harsher mandatory jail sentences.

Contact An Experienced Firearm Defense Lawyer For A Free Case Review

The consequences and punishments for Brandishing A Firearm in Los Angeles can be severe and permanent. Therefore, a top notch criminal defense lawyer with expertise in defending Los Angeles gun charges is the most critical factor in obtaining the best outcome for your case. If you have been arrested for brandishing a weapon or firearm, act now and contact our experienced Los Angeles firearm defense lawyers today for a free consultation at (888) 579-4844. We have successfully defended weapons offenses in Los Angeles since 1987 and for our clients’ convenience, we maintain satellite office locations in the following Southern California cities:

Torrance, Encino, Glendale, Long Beach, Pasadena, Woodland Hills, West Covina, Burbank, Cerritos, Whittier, Norwalk, Santa Clarita, Oxnard, Westlake Village, Orange, Newport Beach, and Huntington Beach

Possession Of A Concealed Weapon – PC 25400(a)

Unlawful possession of a concealed firearm is among the most common gun charges in Los Angeles, and unless you possess a valid concealed weapon permit, it is a criminal offense to possess a concealed weapon in public. Possession of concealed weapon cases often involves otherwise law-abiding individuals mistakenly transporting his or her loaded firearm without removing the magazine or ammunition from the firearm or failing to transport the weapon in a locked container or trunk. Although most PC 25400(a) firearm crimes are charged as misdemeanors in Los Angeles criminal courts, factors such as your prior criminal history, whether you concealed a stolen firearm, or whether you are a member of a criminal street gang can result in felony gun charges. As a misdemeanor, PC 25400(a) carries up to 1 year in county jail, whereas a felony, PC 25400(a), can result in up to 3 years in state prison.

Possession Of A Loaded Firearm – PC 25850(a)

Even though the Second Amendment affords citizens the right to bear arms, California state law places limitations on who can purchase and possess a firearm and ammunition. As a “wobbler” offense, the California firearm crime of PC 25850 can be prosecuted as either a felony charge or a misdemeanor offense. Those found in possession of a loaded gun may face enhanced punishments for crimes involving firearms. Los Angeles felony weapon charges if they fall into one or more of the following categories:

  • Any person with prior felony convictions
  • Any person addicted to narcotic drugs
  • Any person ordered not to possess firearms as a condition of probation or other court order
  • Any person with prior convictions or a record for certain misdemeanor offenses listed in California Penal Code (PC) 29805
  • Any person designated as a ward of the juvenile court due to a criminal offense listed in Welfare and Institutions (W&I) Code  section 707(b), a criminal act described in PC section 1203.073(b), or any crime listed in Penal Code section 29805
  • Any person served with a temporary restraining order (TRO) or an injunction pursuant to California Civil Procedure (CP) Code sections 527.6 or 527.8, a protective order as defined in the California Family Code section 6218, a protective order issued pursuant to PC sections 136.2 or 646.91, or a protective order issued pursuant to California W&I Code section 15657.03
  • Any person who is deemed by a court to be a danger to himself or others due to mental illness
  • Any person who is deemed by a court to be mentally incompetent to stand trial
  • Any person who is deemed by a court to be not guilty by reason of insanity
  • Anyone who is adjudged to be a mentally disordered sex offender
  • Anyone who is placed on a conservatorship as a result of a grave disability due to a mental illness or an impairment by chronic alcoholism
  • Anyone who makes a threat to a psychotherapist against a reasonably identifiable person that has been reported by the psychotherapist to the police
  • Anyone who is taken into custody under California W&I Code section 5150, assessed under California W&I Code section 5151 and admitted to a mental health hospital under W&I Code sections 5151, 5152, or certified under W&I Code sections 5250, 5260, and 5270.15
  • Anyone under indictment or information in any court for a crime punishable by incarceration for a term over one year (federal)
  • Anyone dishonorably discharged from the military
  • Any person who is an illegal alien
  • Anyone who has relinquished his US Citizenship
  • Anyone who is a fugitive from justice

Home

Criminal Defense

Our Firm

Case Results

Contact

Blog