For anyone looking to legally own, carry, transport, and possess a firearm in California, it is vital to understand the state laws—as well as the potential charges and penalties for a violation. This is especially true with regards to firearms considered to be dangerous and illegal.
If you are looking to understand which guns are prohibited—or if you were charged with a firearm infraction—consider reaching out to an Oakland possession of prohibited dangerous weapons lawyer for help. A well-versed attorney could help to explain your rights and advise you on how to best proceed.
The ways in which an individual could be charged due to prohibited weapons in Oakland depends on the underlying scenario. If, for example, the person was improperly transporting the firearm or concealing the weapon on their person, they might be charged with a misdemeanor for an illegal concealed carry. If, on the other hand, the weapon was being used in the commission of a crime—such as a robbery, which is a felony offense—the person could be charged with both the underlying offense, as well as the enhancement for the use of a weapon.
Similarly, if somebody simply had the weapon in their possession and used it as a means of force or fear, it would be a ten-year enhancement to their charges. Furthermore, if somebody discharged the firearm, they are looking at an additional 20 years to whatever other charge was committed. Lastly, if somebody got hurt or killed because of the use of a firearm, the accused individual will face 25 years to life in prison.
Simply put, there are various ways that the presence of a weapon could enhance a charge. Usually, people are charged with other offenses alongside a firearms charge. Along with robbery, mentioned above, crimes such as carjacking, rape, and kidnapping often include the use of a prohibited weapon. Because of the potential escalation of charges for the presence or use of a dangerous prohibited weapon, any facing an accusation may benefit from the counsel of an Oakland lawyer.
Many firearms are characterized as prohibited, dangerous weapons in Oakland. For example, assault rifles—such as AK-47’s or M16’s—are prohibited and, therefore, cannot be legally possessed or transported within California. However—depending on the circumstances—handguns, as well as certain rifles and shotguns, may be excepted from this rule. A knowledgeable lawyer could help explain which firearms and weapons may or may not be possessed or transported within Oakland.
For a person to be convicted for possessing a dangerous weapon, one of the main things the prosecution has to prove is knowledge. Essentially, they must be able to demonstrate, beyond a reasonable doubt, that the person had knowledge that a firearm was in their possession.
This means that a prosecutor does not have to prove that there was any intent to hurt or harm anyone, but simply that the defendant knew of its presence. However, this may be difficult to prove if, for example, a friend accidentally left a gun in their car, but the accused individual had no idea of its presence. Under these circumstances, they would most likely not be guilty of possession.
However, a person does not have to have the weapon on their physical person in order to be charged. This is because there are two sub-categories of possession: actual possession and constructive possession. Actual possession refers to the individual having the firearm on their person or within their belonings—and knowing of its presence. Constructive possession, on the other hand, means that the person knew of the weapon’s presence and was accepting of it. For example, if a convicted felon was not supposed to have any firearms on their person, but they keep one in their bedroom, this would be grounds for a charge on the basis of constructive possession because they have access to the firearm.
Due to the serious consequences of a charge for the possession of a prohibited dangerous weapon—including county jail time, state prison time, fines, penalties, probation, parole, and a loss of the right to possess a firearm in the future—anyone facing an offense may wish to reach out to a skilled attorney as soon as possible. Navigating the complex legal process alone is often difficult, especially when a person is overwhelmed with criminal accusations or by the arrest process.
By working with an Oakland possession of prohibited dangerous weapons lawyer, you could have a seasoned ally on your side to help you through each step. A legal professional may help by delving into the essential elements of a case, consider the facts, and work tirelessly to achieve the best possible outcome under the circumstances. To discuss your legal rights further, call 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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