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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







          Richmond Gun Crimes Lawyer

          California has been relentless in their efforts to curb firearm crimes, passing many laws related to firearm ownership and use. In fact, data from the State Firearm Laws Database notes that California has 107 gun laws, more than any other state in the nation. Gun crimes are prosecuted harshly in Richmond and throughout the entire state of California, so it is important that you work with a skilled defense attorney if you are facing gun charges.

          Failure to work with a dedicated Richmond gun lawyer could be detrimental to your case and your future. A gun-related criminal conviction can impact you for the rest of your life. At The Nieves Law Firm, we have years of experience in gun crime cases, and can help you build a defense strategy for your gun charges. Call our team today to schedule a free consultation.

          Common Richmond Gun Crimes

          Some of the most common gun crimes our Richmond gun attorneys have represented clients facing include:

          Use of a Firearm During the Commission of a Felony (PC 12022.5)

          It is illegal to use a firearm while committing or attempting to commit a felony. Individuals who are convicted of this crime will face an additional and consecutive prison sentence of 3, 4, or 10 years. The penalty is an additional and consecutive 5, 6, or 10 years if the firearm used was an assault weapon or machine gun. Additional and consecutive means that the time is not served concurrently with the punishment for the underlying offense but rather it is added on to the tail end of the sentence as supplemental time.

          Inflicting Bodily Injury while Brandishing a Firearm (PC 417.6)

          Intentionally inflicting serious bodily injury by a person with a firearm is punishable by up to one year in county jail or 16 months, 2 years, or 3 years in state prison. This is a wobbler offense meaning it can be charged as a misdemeanor or felony.

          Aiding or Abetting a Felony with a Firearm (PC 12022.4)

          Furnishing or offering to furnish a firearm to another individual with the purpose of aiding, abetting, or enabling them to commit a felony is punishable by an additional and consecutive term of 1, 2, or 3 years in a state prison.

          Sentencing Enhancements of 10, 20, 25 years to Life “Use a Gun and Your Done”

          Certain gun crimes are considered serious offenses in California and  can lead to longer sentences in prison.  These are commonly filed with an enhancement pursuant to Penal Code §12022.53. Some examples of crimes that are considered serious crimes include  murder, robbery, rape, and kidnapping.  Use of a firearm in any of these crimes could result in a sentencing enhancement that may include an additional and consecutive sentence of 10 years, 20 years, or 25-Life in prison.

          Possession  of a firearm  during the commission of a crime, even if it is not used, will result in an automatic additional sentence of a 10 year sentence enhancement.  If you discharge the gun, you will face a 20 year sentence enhancement.  Use of the firearm during the commission of a crime to cause great bodily injury or death to another person will result in a sentence enhancement of 25 years to life.

          If you were charged with a sentencing enhancement for a gun crime while committing a criminal offense, a Richmond gun lawyer can help you determine the sentencing enhancement you are facing and can help you build a defense strategy to contest your charges. Call our team at The Nieves Law Firm today to schedule a free consultation and learn more about what you’re facing.

          Where are Firearms Prohibited?

          Firearms are prohibited in certain places throughout California. It is illegal for an individual to possess a firearm:

          • On or near a school ground
          • In public buildings
          • In government buildings
          • In an airport
          • On public transit facilities (i.e. buses, streetcars, subways, etc.)

          Hire an Experienced Richmond Gun Attorney

          If you are facing gun charges in Richmond, you are facing one of the biggest legal battles of your life. The penalties for gun crimes in Richmond are severe – they can not only result in state prison time and lengthy consecutive sentences but you can also lose your right to own or possess a firearm in the future. A Richmond firearm attorney could help determine the penalties you are facing, pursue favorable plea agreements or a dismissal, and work to build a defense strategy to your gun charges. Contact a firearm attorney at The Nieves Law Firm today to schedule a free consultation.

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