Jo-Anna Nieves
Founding Attorney
Hayward Gun Crimes Lawyer
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If you are facing criminal charges related to a firearm crime in Hayward, you should understand that the allegations are serious. Criminal offenses involving firearms are prosecuted harshly in California, and the penalties associated with these crimes are often severe. If you’re facing criminal charges for a firearm-related crime in Hayward, contact a firearm attorney as soon as possible.
A Hayward gun crimes lawyer could help build a defense against your charges, and will work to get a favorable outcome in your case. The award-winning attorneys at The Nieves Law Firm have substantial experience representing clients accused of gun-related offenses. We understand the negative impact a conviction could have on your life and will work with you to pursue the best outcome possible. Contact The Nieves Law Firm today to schedule a free 30-minute consultation, and learn more about how we can assist you with your criminal charges. En Español
Penalties for gun crimes are dependent on the exact firearm offense charged. For example, if you are facing a felony then the potential penalties will be more severe than if you were facing a misdemeanor. Our Hayward gun attorneys have defended clients accused of a number of different gun crimes, both felonies and misdemeanors.
Some common gun crimes and their respective penalties include:
Anyone who has been convicted of a felony offense is prohibited from owning, purchasing, receiving, or possessing a firearm. Individuals convicted of this crime can face up to 3 years in prison, and a fine not to exceed $10,000.
It is illegal to knowingly carry a concealed weapon on your person or in a vehicle without the appropriate concealed carry license. A violation of this law can be charged as a misdemeanor or a felony. The maximum penalty for the misdemeanor is one year in county jail and a fine not exceeding $1,000. This can be a felony offense if you are a prohibited person, you are an active street gang member, you’ve previously been convicted of a felony, or you knew the firearm was stolen. A felony violation can result in up to three years in prison and up to a $10,000 fine.
It is illegal to draw or exhibit a firearm in a threatening manner while in the presence of other people in a rude, angry, or threatening way unless acting in self-defense.This crime is punishable by up to one year in jail, and a fine of up to $1,000.
It is illegal for an individual to carry a loaded firearm on their person or vehicle while in any public place or on a public street. This crime is generally a misdemeanor, punishable by up to one year in jail, and a fine not exceeding $1,000. The offense can be a wobble if the person in possession of the loaded firearm is not the registered owner or has previously been convicted of a drug offense resulting in penalties such as up to three years in county jail and a $1,000 fine. This offense can be a felony that does not wobble (“straight felony”) if there are aggravating factors that exist such as being a prohibited person with the loaded firearm, being an active street gang member, having a previous felony conviction, or knowing the loaded firearm was stolen. A straight felony violation can result in up to three years in prison and up to a $10,000 fine.
It is a violation of California law for the driver of any motor vehicle to knowingly permit any person to bring a loaded firearm into the vehicle. Any driver who allows another person to carry a firearm in the vehicle is guilty of a misdemeanor. If the other party discharges a firearm from the vehicle, the driver can be charged with a wobbler under subsection (b) that is punishable by one year in county jail or up to three years in state prison. Any person who discharges a firearm from a vehicle in a malicious way at another person or another occupant of a vehicle is guilty of a straight felony and faces up to seven years in state prison.
Committing an assault with a firearm is a wobbler offense that is punishable as a misdemeanor for 180 days to a year in county jail or as a felony by up to 4 years in a state prison and a fine not exceeding $10,000.
Use a firearm during the commission or attempted commission of a felony can be charged as an enhancement and result in additional penalties. If convicted, an additional and consecutive sentence of 3, 4, or 10 years in prison will be added on to the underlying offense, unless the use of a firearm is an element of the original offense.
Regardless of the exact crime you are being charged with, it is imperative that you speak with a dedicated Hayward gun lawyer as soon as possible. Our office can help you determine the exact penalties you are facing, work to build a defense strategy to your charges, and can even pursue a mitigating outcome like a dismissal or plea.
Don’t let one mistake derail your future. A Hayward gun crimes lawyer could fight your criminal charges and work to secure a favorable outcome in your case. The attorneys at The Nieves Law Firm have experience representing clients facing a variety of gun-related offenses, and we would be happy to talk with you about your case. Call us today and schedule a free thirty minute consultation to learn more.
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
