Los Angeles Criminal Lawyers Blog

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.

Certain series of Penal Code Sections in California add an enhanced charge to already existing charges. California Penal Code §12022 is one such enhancement.

The relevant code section states that "any person who is armed with a firearm firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment". This code section does not stand by itself, it is added upon another charge.

For example, David steals a television from a next door neighbor that is worth $1,000. During the theft, the neighbor was home and David took out his firearm, threatened the neighbor and took the television. There is plenty of evidence and David is not only charged but also convicted of a felony under the theft statute. However, when the sentence is given, David is not only charged with grand theft, he is also charged under California Penal Code §12022, because he used a firearm to commit an offense.

In comparison, let's say that David went to the store and used his father's firearm to steal a $50 video game. This is a misdemeanor charge and does not rise to the level of a felony because of the monetary value of the item stolen. It is petty theft. Section 12022 will only be applicable when a firearm is used in the commission of a felony, because there was no felony, this section will not be triggered. That is not to say that the person won't be charged with a different firearm charge, it just won't be under this section as an enhancement.

Furthermore, if a person is caught with a firearm, not during the commission of a crime, they will not be charged under 12022. They will likely be charged with a possession of a firearm, but not as an enhanced sentence.

If a person is convicted under this section, their sentence will be added by up to an additional year in State prison. This additional term is on top of the sentence they are already serving for the commission of the crime.

A person who is convicted of a robbery will serve anywhere between 3 to 9 years in state prison. If a person uses a firearm in the commission of a robbery and are sentenced to 6 years, they may serve an additional 7 if there is an additional charge of California Penal Code §12022.

This is a serious charge and is in addition to a felony. The felony itself is extremely serious and will warrant a severe punishment. An experienced Los Angeles criminal defense attorney can fight to have the additional enhancement dismissed, so that the only time a person is serving, if they serve time for the felony, is what the legislative sentence is for the felony alone.

California Penal code §417 makes it unlawful for any person to draw or exhibit a deadly weapon, including a firearm, in an angry, threatening or rude manner. Additionally, under the relevant statute it is illegal for a person to unlawfully use a weapon, or firearm, in a fight or a quarrel.

The legislators have established a range of possible penalties for a person who is convicted under the Penal Code. It is a range because each case is unique and certain facts will warrant a simple sentence, and others will warrant a much more severe penalty. How the final sentence is determined will be established by the Judge at the suggestion of the Prosecutor. The Prosecutor will consider the person's criminal history as well as the specific facts of the case.

The cases in which there is severe injury, or the potential of injury that is great, the sentence will be higher. For example, lets compare two different scenarios. David and his friends are hanging out at Sally's house. David and his friend get into a discussion about sports and David playfully takes his knife out of his pocket, and waves it around. His friend jokingly plays along and eventually the two sit back down to watch the game.
In comparison, David and his friends go to a local bar. David has previously been convicted of Assault. Victor hits on David's girlfriend and he gets mad. He takes his knife out of his pocket and waves it around as if he is going to stab Victor.

In the first situation, the setting is harmless. There is no threat, or rude or quarrelsome manner in which the weapon was drawn. In the second scenario, David meant for it to be a threat, and he meant it in a rude manner. His taking the weapon out in a public place, almost stabbing a person could have caused severe injury, even if David did not mean to. Coupled with the facts and David's prior history of assault, the penalty in the second scenario will be much more severe and at the harsher end of the spectrum.
In cases where the weapon drawn is other than a firearm, the person shall be punishable by not less than 30 days in county jail. Where the weapon drawn is a firearm that can be concealed on a person such as a pistol or revolver, and is drawn in a public place, the person will be punished anywhere between 3 months to a year in county jail, and a fine of up to $1,000, or both.

With a range of possibilities, there is plenty of room for negotiation. The arguments and facts that are presented in Court, will help persuade the Judge's opinion regarding a conviction and the final sentence. An experienced Los Angeles Criminal Defense lawyer has the experience and knowledge necessary to present the best possible argument and give you the best chances of getting the case reduced or dismissed.

When a person is charged under California Penal Code §417, they are being charged with brandishing a weapon, gun or firearm.

The statute is divided into several different elements that must be met in order for a person who is charged to be convicted. Each element must be proven beyond a reasonable doubt. The person being charged must draw or exhibit a deadly weapon, or a firearm. This not only means that a person could have the weapon in plain sight for others to see, but also that they take it out.

The exhibition or drawing of the weapon or firearm must be in the presence of another person. The actions of the person being charged must be done in a rude, angry or threatening manner.

Additionally, under California Penal Code §417, those that are found unlawfully using a weapon or firearm in a fight or quarrel may also be charged as brandishing a weapon, gun or firearm.

The prosecutor must demonstrate to the Court that the person being charged has met each element and is guilty beyond a reasonable doubt. For example, lets say David goes out to a bar with friends. He has just bought a new hunting knife and wants to show his friends. He takes it out of his pocket and opens it up showing his friend the blade and the handle.

David may be charged with brandishing a knife, but the chances of him being convicted are not likely. While David did have a knife, it is arguable if he "drew" it out, and it was hardly done in a angry, rude or threatening manner. He was merely showing it to his friend and it was not in an unlawful manner done during a fight or quarrel.

Similarly, in another scenario, David goes into a bar and gets into an argument with another patron. In a fit of anger, David takes his knife out of his pocket and waves it around, telling the other patron that he would use the knife if provoked. In this scenario, David will be charged with brandishing a knife and will likely be convicted. He was using the knife unlawfully during a quarrel. It was taken out in anger and was meant to be threatening. Unlike the first scenario, he was not merely showing it to a friend, he was either intending to use it, or threatening to use it.

An experienced Los Angeles Criminal Defense lawyer can help prepare a strong argument against that of the Prosecutor's. Self Defense can be a strong defense to a charge under this statute, and must be proven in order for the charges to be dismissed. Additionally, if an attorney can demonstrate to the Court that each element is not met, there will have to be a reduction in charges, or a dismissal. Preparing the most powerful defense will require experience and knowledge that can only come from handling thousands of similar cases in the past.

California Penal Code Section 12031 outlines potential consequences for a person who is convicted for Possession of a Firearm in a public place.

The code outlines whether a case will be charged as a felony or a misdemeanor based on the specific facts of the case. As with any criminal charge, the Judge has discretion in determining whether a case will be tried as a felony or a misdemeanor. There is no objective formula for determining what the precise sentence will be, only a range is provided by the relevant criminal code. The range outlines a minimum and maximum sentence, it is up to the Judge to make a final ruling. Prosecution will make a suggestion which will be negotiated with the Criminal Defense attorney before it is presented to the Judge.

Under California Penal Code Section 12031 a misdemeanor may be sentenced up to one year in County Jail and/ or a fine not to exceed $1,000. For example, a case in which a retired officer or someone who misuses a firearm they are legally allowed to possess in a public place will probably fall at the lower end of the sentencing spectrum. In comparison, someone who has a firearm that they are not allowed to have in a public park will most likely be given a sentence that is a lot harsher.

All cases charged as felonies will be based upon the Judges discretion as well. Those that have several charges similar and/or related to the possession of a firearm will serve a minimum sentence of three months in County Jail. The intensity of the case will determine where in the scale the sentence will fall.

Regardless of whether the case is a misdemeanor or a felony, a powerful argument from a knowledgeable attorney strives to ensure that the sentence falls at the lower end of the spectrum rather than a maximum punishment. An experienced Los Angeles Criminal Defense attorney is a powerful tool in court when you have been charged with something as serious as Possession with a Firearm in a Public Place because a well prepared defense can make the difference between merely paying a lower fine or serving jail time.

As with all Criminal charges, the specific facts of your case will determine whether the case will be tried as a felony or misdemeanor. California Penal Code Section 12031 outlines specific circumstances under which a Possession of a Firearm in a Public Place will be charged as a felony. If it is not enumerated under the relevant section, it will most likely be filed as a misdemeanor.

A charge under this section is a serious crime. The person will be charged with a Felony under California Penal Code Section 12031 if they;

1.Have a previous felony charge
2.Where the firearm was stolen and the person charged knew that it was or had a reason to believe it was
3.Where the person is an active participant in a street gang
4.Where person is part of a group of persons who are prohibited from possession a firearm
5.Where person has been convicted of a crime against person or property or of a narcotics or other dangerous drug violation; and
6.Where the person is not registered for a firearm with the Department of Justice
It is important to note that the line between a felony and misdemeanor is not black and white. There is a lot of subjectivity in determining the appropriate charge, one that is left up to the discretion of the Judge.

Regardless of whether the case is charged as a misdemeanor or felony, a firearm charge is a serious offense, not taken lightly by any institution or employer. A knowledgeable Los Angeles Criminal Defense attorney can provide a powerful argument so that the judge may understand your side of the story and rule in your favor. Don't underestimate the severity of the situation, the ramifications of a conviction may be affect your life for years to come.

California Penal Code Section 12031 claims that a person found carrying a loaded firearm in a public place will be found guilty.

A person will be found "carrying" when they have a loaded firearm on his or her person, or in a vehicle. Public includes not only a public place, but also a public street of any incorporated city or unincorporated territory.

A firearm shall be considered "loaded" for the purposes of this section when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder, and a bullet or shot, attached in any manner to the firearm. A peace officer has the legal right to check a firearm in a public place to check whether or not the firearm is loaded. A refusal to allow the officer to check your weapon may lead to a lawful arrest.

The "lawful possession" as described in this section of the penal code refers to when a person has either lawfully owns, or has lawfully acquired or otherwise has the authority to carry the firearm.

A violation of this section will be justifiable when the person carrying the firearm reasonably believes that he or she is in grave danger. This section also does not apply to those carrying a firearm by any person engaged in the act of making a lawful arrest.

The section that defines this particular charge is extensive and carries with it a lot of fine print. When charged under this section of the California Penal Code, it is a good idea to consult an experienced Los Angeles Criminal Defense attorney who has not only been practicing Criminal law for over thirty years, but has handled cases similar to yours.