What Happens if a Felon is Caught with a Gun in California?

If you’ve been convicted of a felony in California, getting caught with a firearm can lead to serious legal consequences. Whether the gun works or not, whether it’s assembled or not, and regardless of your original felony conviction – possession of a firearm as a felon is a serious offense under California law.

Let’s break down what you need to know about felon in possession charges and what to expect if you’re facing these allegations.

Felon in Possession Charges in California

The law is straightforward: if you have a felony conviction on your record, you cannot possess a firearm. Period. It doesn’t matter if:

• The gun doesn’t work
• The gun isn’t fully assembled
• Your felony wasn’t violent
• You never served prison time
• You didn’t know you couldn’t possess a firearm

What matters is that the firearm was “immediately available for offensive or defensive use.” This means it was within your reach or control.

What Counts as “Possession” Under California Law?

You might think possession only means having a gun in your hand or pocket. However, California courts interpret possession more broadly. You could face charges if:

• The firearm is in your car
• It’s in your home
• You have access to it through shared spaces
• You’re temporarily holding it for someone else

Even living in a house where someone else legally owns a firearm could put you at risk of charges. This is because California recognizes both actual and constructive possession.

Actual vs. Constructive Possession

Actual possession means the firearm is physically on your person. Constructive possession means you have control over the area where the firearm is located. For example, if a gun is found in your bedroom drawer, prosecutors may argue you had constructive possession – even if you weren’t home at the time.

What Makes These Cases Complicated?

Felon in possession cases often involve nuanced legal issues:

• Multiple people might have access to where the firearm was found
• The firearm might belong to someone else living in the home
• You might not have known about the presence of the firearm
• Questions about search and seizure rights might come into play

Penalties for Felon in Possession of a Firearm

Getting caught with a firearm as a felon in California typically results in felony charges. You could face:

• Up to 3 years in county jail
• Substantial fines
• Formal probation for 3 to 5 years
• Additional penalties if there are aggravating factors
• Violation of probation or parole, if applicable

Plus, a new felony conviction could impact:

• Your employment prospects
• Housing opportunities
• Professional licenses
• Immigration status

Enhanced Penalties

Your sentence might increase if:

• The firearm was loaded
• You had ammunition accessible
• You have prior weapon-related convictions
• The firearm was stolen

The consequences of a felon in possession charge can ripple through every aspect of your life. But understanding these penalties is just the first step – what matters most is how you respond to the charges.

Working with a criminal defense attorney who knows how to challenge these charges can make the difference between facing maximum penalties and protecting your future. Here’s how we approach building a strong defense in these cases.

Common Defense Strategies for Felon in Possession Charges

When handling felon in possession cases, we look at several potential defense angles:

• Was the search that found the firearm legal?
• Did you actually possess or control the weapon?
• Were you aware of the firearm’s presence?
• Did someone else have access to where the gun was found?
• Were your Fourth Amendment rights violated during the search?

Constitutional Issues

Many felon in possession cases hinge on Fourth Amendment search and seizure issues. We carefully examine:

• Whether police had probable cause
• If the search warrant was valid
• Whether the search exceeded its legal scope
• Whether any statements were coerced

Steps to Take if You’re Charged

If you’re facing felon in possession charges:

1. Don’t talk to law enforcement without an attorney
2. Document everything about your arrest
3. Note who else had access to the area where the gun was found
4. Preserve any evidence that might help your case
5. Contact a criminal defense attorney immediately

Early intervention by a weapons crime defense attorney can make a significant difference in your case. Our team can spring into action, investigating while the evidence is fresh and interviewing witnesses before memories fade. We’ll review whether your rights were violated and file motions to suppress evidence if needed.

Plus, having an attorney involved early means negotiations with prosecutors can begin right away, potentially preventing additional charges from being filed. The sooner you have legal representation, the more options you might have for your defense.

Take Control of Your Future with The Nieves Law Firm

A felon in possession charge doesn’t have to define your future. We’ve helped many clients overcome these charges and move forward. Our Oakland-based team knows that good people sometimes make mistakes – that’s why we take the criminal out of criminal defense.

At The Nieves Law Firm, we’re not just another defense firm. We’re one of the largest criminal defense teams in the Bay Area, with dedicated attorneys, an in-house investigator, and bilingual staff ready to handle every aspect of your case. When you work with us, you’re not just getting a lawyer – you’re getting an entire team focused on your goals and future.

We understand you’re worried about your reputation, your career, and your freedom. That’s why we take the time during your consultation to learn about what matters most to you. Our team will handle everything, from investigating your case to negotiating with prosecutors, so you can focus on what’s important in your life.

Don’t let a firearm possession charge derail your future. If you’re facing charges or under investigation in California, contact our team at The Nieves Law Firm.