Jo-Anna Nieves
Founding Attorney
Oakland Gun Charges
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Being charged with a gun-related offense in Oakland can be an intimidating situation to overcome. The penalties of this crime could include lengthy jail sentences, which could potentially derail your life should a conviction occur. This is why it is important to have an experienced and aggressive criminal attorney. A lawyer with experience in dealing with firearm offenses could help you build a sold and professional defense against Oakland gun charges.
Oakland gun charges are treated seriously because firearm related crimes have historically been a pervasive problem in the Oakland community. Many of the charges that are heavily prosecuted are for, or either, gun possession charges or crimes being committed with a firearm.
Firearms are an inherently dangerous form of weaponry, meaning that the idea of not just committing a criminal act but committing the act with a firearm involved is something that prosecutors, law enforcement, the legislature, and the community at large takes very seriously.
Some of the common firearm offenses in Oakland are carrying a concealed firearm on one’s person or improperly transporting a firearm in a vehicle. An individual is allowed to transport a firearm so long as it is unloaded and it is in a locked container or locked in the trunk. However, it is illegal to carry a weapon concealed on your person without a permit to carry. It is also illegal to transport a firearm that is not otherwise legal.
Other common offenses relate to individuals who have been previously convicted of a felony and loss of their right to possess a firearm. Being in possession of a firearm under these circumstances is a straight felony.
Some other common gun crimes include carrying a firearm in prohibited places like an airport or a school, brandishing a firearm (displaying your firearm in a threatening manner), and possessing illegal accessories like armor piercing bullets and silencers.
The most serious of offenses include the actual discharge of a firearm in the commission of a serious of violent crime and of course injuring or killing someone else with a firearm during the commission of a crime. Under California’s 10-20-Life law, an individual can face 10 years in prison for using a gun, 20 for firing a gun, and 25 to life for injuring or killing another person with a gun.
Oakland residents do not have many hunting options within the city but there are several places to hunt in the surrounding areas. Oakland residents who travel to another area will likely have to transport their firearms to engage in hunting activities.
The restrictions Penal Code section 25400 do not apply to licensed hunters or fishermen carrying pistols, revolvers, or other firearms capable of being concealed upon the person while engaged in hunting or fishing, or transporting those firearms unloaded when going to or returning from the hunting or fishing expedition.
It is important to have all licenses and permits in order and to comply with the regulations of the California Department of Fish and Wildlife.
Proper transportation first involves a registered firearm as opposed to an unregistered firearm. It needs to be placed in a locked container within the vehicle (other than the glove compartment or center console) or be locked inside of the trunk.
Ammunition should also not be attached to the firearm in any manner – it should be unloaded with no live round in the chamber and the magazine should be detached.
If you are currently facing Oakland gun charges, it is imperative to get in touch with a skilled gun lawyer who can help you with your case. An attorney can act as an advocate on your behalf by speaking with the prosecution and the judge should the situation merit such an action. A lawyer can also walk you through the complex legal process of these cases and make sure that you are prepared for trial. Get in touch with an attorney today.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
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Successful Immigration-Safe Resentencing
Case Dismissed after Completion of Deferred Entry of Judgment
Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
