California has some of the most complex and restrictive gun laws, and some of the most severe penalties for those who violate them, in the United States. If you are charged with any type of gun law violation, a San Leandro gun lawyer may be able to help. A well-practiced attorney could explain how state statutes apply to your case, work with you to develop a strong defense, and represent your best interests through every step of your criminal proceedings. En Español.
California does not have any language in its state constitution regarding the right of an individual to own and use firearms. The California Supreme Court has upheld several very restrictive gun laws simply because they were not in violation of the state’s constitution.
In order to purchase, own, or transfer a firearm in California, a person must be over the age of eighteen for rifles and shotguns or over the age of 21 for handguns. Individuals must have a current Firearm Safety Certificate. To obtain such a certificate, which could be valid for five years from the date of issuance, applicants must submit an application with the requisite $25 fee and then pass a written test monitored by a Department of Justice Certified Instructor.
Private sales of handguns must be done through a licensed dealer, and all handguns that are sold by dealers in California must be “California legal.” Only handguns that are listed on the state’s Roster Of Handguns Certified For Sale may be bought and sold in California.
California has also enacted a total ban on some types of firearms, which may include:
The state has also banned the sale of high-capacity magazines that could hold ten or more rounds of ammunition and the sale of any bullets that contain explosive agents.
Since some municipalities have also enacted their own local gun-related requirements and rules, it is quite possible for someone to be charged with violating a local gun ordinance even if he or she is in full compliance with all the applicable state gun laws. This may underscore the important role a gun lawyer in San Leandro could play in helping you understand any charges you may be facing for violations of local or state gun laws.
Some of the most common gun-related charges in California may include:
Depending on the specific facts and circumstances regarding the alleged violation, gun charges in California might often be prosecuted as misdemeanors or felonies. In making such a determination, the factors that often come into consideration may include the type of weapon involved, what the defendant intended to do with the weapon, and whether the defendant has any prior criminal offenses. An attorney could help a person understand how the state could use these factors against them in a criminal case.
If the alleged violation is deemed to be a misdemeanor weapons charge, it may be punishable by up to one year in county jail and a fine of up to $1,000. If it is deemed to be a felony weapons charge, the punishment could include a fine of up to a $1,000 fine and a sentence of up to 20 years in state prison.
Being found guilty of or pleading guilty to any gun-related charge in California may have life-altering consequences. A criminal record may affect a person’s ability to obtain employment, practice certain professions, obtain credit and/or find a place to live. A San Leandro lawyer may be able to help you contest any gun charges to preserve your livelihood and best interests.
If you were charged with any type of gun violation, you may be advised to consult a San Leandro gun lawyer who is well-versed in this area of the law. Doing so could help ensure that you are able to present an explanation or mitigating circumstances that may reduce the charges against you and/or the punishment that you receive. To learn more about your options, 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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Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
The Nieves Law firm was a great choice in helping me through my restraining order case, the whole team there does a great job at walking you through the steps of the legal process. Jose is a great lawyer and is good at what he does, in court he really shines and is able to debate the case very well and professionally. I would definitely pick them again if I had to!
Thank you to my attorney Grace for all your help with my case. It took awhile but the outcome has made me so happy that I am able to move forward with my life and forget the past. Everyone at this law firm from the beginning to the end have been so helpful and supportive. I highly recommend The Nieves Law Firm!
The Nieves Law Firm is absolutely amazing. The best customer services experience I have had, great communication, astonishing experience, and overall a team of professionals that dedicate themselves to ensuring the best result. I am really happy to have worked with this team. Jimarielle was very helpful and provided me the comfort and understanding in every way possible. Highly recommend.
Thank you to the whole Nieves legal team, especially to my attorney, Mari Bowie, for being so supportive, helpful, and professional to me and my family in these hard times in my life. I highly recommend them to anyone looking for a law firm that actually looks at you as a human-being first and cares about your well-being. I appreciate all the support they’ve given and will go to them again if I ever need to down the road.
The Nieves Law Firm has an outstanding team of attorneys who are supportive and provide exceptional Client service. The founding attorney Jo-Anna, firmly stands on her mission and is backed by a team with expertise. You can trust you’ll be in good hands and that their team will give their absolute best to help you. If you’re looking for a criminal defense attorney look no further they are knowledgeable and honestly the best to work with!