Oakland

Gun Penalties

If you were charged with a firearm offense, you should consult with an aggressive defense attorney as soon as possible. Oakland gun penalties are severe, but an attorney could fight to protect your freedom. Call today to schedule a consultation.

Potential Penalties for Gun Offenses

The potential penalties for misdemeanor or felony gun offenses in Oakland include losing the right to possess a firearm. A person will lose their gun rights for life so long as they have a felony on their record. Many other offenses require a 10-year restriction on gun possession.

By law, there is no mandatory minimum on misdemeanor gun offenses, but in Oakland, the standard policy of the District Attorney’s offense is to require a minimum of 120-days in county jail for a misdemeanor violation. There are so many misdemeanors where individuals are not expected to serve time in county, so this just goes to show how seriously the district attorney’s office in Alameda County takes gun offenses. There are ways to negotiate outside of the 120-day “standard,” but it takes a skilled and tenacious defense attorney to do so.

In addition to the loss of gun rights, someone convicted of a gun crime will be expected to pay fines and fees as well as possible county jail or state prison time, depending on the offense and probation or parole.

Second Amendment Rights

One of the major long-term repercussions is definitely the loss of right to carry and possess a firearm. This is a contentious issue because individuals have a Second Amendment right to bear arms, but when they are found guilty of a firearm-related crime, they can lose their right to possess one from 10 years to life.

How Do Oakland Prosecutors Treat Firearm Violations?

Prosecutors treat gun offenses very seriously. Even for a misdemeanor, prosecutors in Oakland tend to seek out a minimum of 120 days in county jail, even though the law does not impose a mandatory minimum. Prosecutors will also require that the person forfeit the firearm and have it destroyed. They usually request that the accused be subject to a search clause and be prohibited from possessing, owning, or using any sort of weapon while on probation.

If the person is a multiple offender, they will face higher prison terms. In California, if someone uses a firearm in the commission of a crime, they can face an additional 10 years in prison. If they discharge the firearm, they face 20 years, and if someone is seriously injured or killed, the accused is looking at 25 to life. They are serious about guns in Oakland and throughout California, and firearm allegations and enhancements carry especially serious consequences.

How an Aggressive Lawyer Could Help

The advantages of having an aggressive lawyer in Oakland are that they can dispute the elements of the crime and not settle for the “standard” offers that the District Attorney makes. An aggressive attorney will contest whether the accused had the legal right to possess the firearm, whether or not they were actually in possession of it, or if they had knowledge that the gun was even present. Depending on the charge, the attorney will attack the appropriate elements.

Strong counsel will also be familiar with some of the alternative resolutions available in Oakland and ways to resolve gun cases with limited exposure for the accused. The more aggressive their attorney is, and the more thorough the attorney is with looking into the underlying circumstances, the more likely it is that a DA can be persuaded to do something different than their standard approach.

What are the Benefits of a Private Law Firm?

A public defender is typically in court all the time and has a heavy caseload, so their time is limited. They do strong work within those time constraints, but they are only available for those people who are considered “indigent” meaning that they are poor. For those people who work full time, own a home, or make a salary above the poverty line – a private attorney is typically the solution.

A private attorney has more time and resources available to them to dedicate to building a personal relationship with the accused and strategizing with them outside of court. They will advocate for an accused person with a targeted focus. It allows a person to have a more service-oriented experience as well as the opportunity to build a trusting relationship with their counsel.

Reach out to an Experienced Oakland Gun Attorney

Hiring a knowledgable private attorney could be the best way to avoid the most severe Oakland gun penalties. An attorney could stand by your side during police questioning, negotiate with prosecutors on your behalf, and even argue your case in court if necessary. Let a passionate criminal defense attorney be your advocate.