Los Angeles Criminal Lawyers Blog

California Penal Code §12025 makes it unlawful for any person to do any of the following:
1. Conceal a weapon in a motor vehicle that is in their control
2. Cause a weapon to be concealed in a motor vehicle when they are an occupant
3. Conceal a weapon on their person

Concealed means when a firearm is hidden. If the firearm is in plain sight, then the firearm is not concealed, and the person may not be charged under this section. That, however, does not mean that they will not be charged under another section.
The Prosecutor must prove that a person that was charged is guilty beyond a reasonable doubt of each element of the charge. They must show that the weapon was concealed, and that it was in the vehicle under their control, that they caused the weapon to be concealed in a motor vehicle, or that it was on their person, depending on the subsection of the Code.

If a person is charged, and convicted the potential consequences will fall within a range established by legislation. The sentence varies based on the specific facts of the case and the criminal background of the person. A person who has an extensive background and a criminal history will likely serve a harsher punishment than a person who has committed their first offense. Similarly, a person who actively went above and beyond to conceal a weapon versus a person who inadvertently concealed a weapon will serve the higher penalty.

If a person is convicted of a Concealing a Firearm charge, they will be facing anywhere between three to six months in county jail. Probation is also available, and if the person is granted probation, they can serve up to three months in county jail.

Serving a jail sentence is a significant penalty, and many clients hope to avoid the penalty as much as possible. A powerful defense prepared by a Southern California Criminal defense attorney can help convince the Prosecutor to offer penalties other than jail time. There are many available options outside of jail time, but need to be properly presented to the Judge. Alternatives to jail time include house arrest, formal probation, private jails, work release programs and many other options.

If your case warrants jail time, be sure to consult with a professional. Having an attorney represent you in Court could be the difference between jail time and simple probation

California Penal Code §12025 makes it unlawful for any person to conceal a firearm in a certain situations. One of the biggest and most common circumstances is when a person has concealed a firearm in a vehicle that is within his or her control. The firearm can also be a pistol or revolver along with other firearms.

The vehicle must be in the control of the person. For example, David has rented a car and concealed a weapon in the trunk. David may still be charged under this code section despite the car being a rental. The car is still under his control and therefore, qualifies as a vehicle under the code section.

Under the same code section, anyone who causes a firearm to be concealed in a vehicle and is an occupant will also be charged. For example, if Dan is getting a ride from his friend Frank, and Dan asks Frank to hide his gun in the backseat of Frank's car, Dan and Frank will both be charged.

A person will be charged under the same section if they have concealed a weapon on their person.

A concealed weapon is a serious charge. It can lead to significant consequences which can later affect your job prospects and applications to college and grad school. Concealment is proven by prosecution through the use of the facts of the case and the observations of the arresting officer. A concealed firearm is a firearm that is hidden, therefore the facts can be presented in many different ways.

An experienced Los Angeles Criminal Defense attorney can prepare a powerful argument that will present the facts in a way to create doubt in the facts. The government must prove to the Court that the person being charged is guilty beyond a reasonable doubt. This means, that they must also prove that the weapon was concealed beyond a reasonable doubt, and that it was on the person or within a vehicle under their control beyond a reasonable doubt.

There is a lot of room for interpretation and if you have a strong case, it is worth fighting for. A firearm related offense on your record could result in jail time, extended probation, sometimes formal and a significant amount in fines. A Criminal Defense attorney will gather facts and evidence and present the person being charged in a positive light to the Judge. They will assure you are more than a case number, and that the facts of the case as well as your background need to be extensively considered. This will prepare a good background for the defense the attorney will prepare that will help give you the best fighting chance of having your case dismissed or reduced.