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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





Oakland Possession of Prohibited Dangerous Weapons Lawyer

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.

How Charges Are Elevated in Oakland

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.

What Firearms are Prohibited in Oakland?

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.

How is a Person Convicted for Possessing Dangerous Firearms?

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.

How an Oakland Possession of Prohibited Dangerous Weapons Attorney Might Help

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.

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THE NIEVES LAW FIRM
Oakland Criminal Lawyer