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    Know and Protect Your Rights in a Criminal Defense Matter




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      Know and Protect Your Rights in a Criminal Defense Matter







          Hayward Gun Crimes Lawyer

          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.

          Penalties for Gun Crimes in Hayward

          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:

          Felon in Possession of a Firearm (PC 29800)

          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.

          Carrying a Concealed Weapon (PC 25400)

          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.

          Brandishing a Weapon (PC 417(a)(2))

          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.

          Possession of a Loaded Firearm (PC 25850)

          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.

          Carrying a Loaded Firearm in a Vehicle (PC 26100)

          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.

          Assault with a Firearm (PC 245(a)(2))

          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 of a Firearm to Commit a Felony (PC 12022.5)

          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.

          Contact an Experienced Hayward Gun Crime Attorney

          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.

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