The California Penal Code contains the majority of provisions which specifically deal with gun crimes. In addition, there are federal statutes that deal with gun crimes, particularly dealing with the manufacturing of weapons, sales, and distribution of weapons. We need to ensure a local case does not become a federal case.
Types of Gun Crimes
Some examples of gun crimes include possession of an unregistered weapon, or being pulled over with a loaded weapon that has either never been registered or is stolen, possession or sales of machines guns, or possession of an assault weapon. Obviously, these crimes will be charged according to severity.
There are other crimes that are enhanced with the use of a weapon. If there is an allegation that there was a gun used during a robbery, there is an additional enhancement. Also, prior convictions involving weapons are treated very seriously.
In California, there are a number of counties which have increased the issuance of concealed carry permits. This has revealed that many people are simply not aware that even though they are permitted to carry weapons, there are certain places where weapons are prohibited. Therefore, there are violations of the law even though a person is lawfully carrying a weapon.
Need for an Attorney when Charged with Gun Crime
Charges for gun crimes range from probation to severe state prison commitments. Gun laws have become so complex as to which type of weapon or modification is legal or not legal that even law enforcement personnel, at times, have trouble determining the difference. This type of complexity requires an experienced attorney with an understanding of all the relative laws and one who has accessibility to a qualified expert in firearms, if needed to assist in the defense of the client. You want an attorney with good relationships with the prosecutors, and one who will represent your interests when faced with such serious charges.
The Legal Process
The legal process is similar to most criminal cases where the initial analysis is whether the constitutional rights of a client have been violated.
Weapons charges indicate that a gun was found and seized by the government, whether it was in someone’s home, their car, or on their person. A thorough analysis must be made regarding whether the police conducted the stop, the search, the arrest, or interrogation properly. In addition, with guns as well as with drugs, there is the matter of possession. It is not necessarily a question of the ownership of the weapon, but who was in possession of the weapon and under what circumstances. So, when we talk about possession, the question is whether the accused had dominion or control of that weapon.
Firearm Purchase or Possession Following Imprisonment
Former felons cannot legally possess a firearm. Such possession can lead to significant terms of state prison. It is imperative to be represented by an experienced attorney in this type of situation.
Choosing Gurovich, Berk & Associates for Assistance with Gun Crimes
Our firm has many years of experience defending clients in gun-related cases. Our attorneys have had the opportunity to represent clients with simple and complex violations, especially dealing with unregistered or stolen weapons or their possession.
Recently, we had a case involving the sale of machine guns and assault weapons. In that case, our client sold a fully automatic Uzi to an undercover police officer. Upon searching our client’s home, law enforcement discovered numerous other illegal weapons. We took over the case from another attorney. The offer was 12 years in State Prison. This was a very difficult case to defend because our client did do what he was being accused of doing and because the prosecutor already had extended an offer of 12 years to the previous defense attorney. As such, the prosecutor did not want to lower the proposed time in prison. Despite these hurdles, we were able to reduce the time in custody to four years. With credits for time in custody as well as for good behavior, our client was facing a little over three years. Given the circumstances, the outcome was extremely positive.
These cases require in-depth knowledge of the laws and, at times, the use of experts to properly represent our clients’ interests.
We have formed strong relationships with other experts in this field, and, coupled with our own extensive knowledge and experience, we have had much success for our clients.
Choosing Gurovich, Berk & Associates as your gun crime defense attorney is a wise choice. We will be with you through each step. Call our office today for help!
Contact our experienced gun crime attorneys at (213) 385-1555 for a free consultation.