California is well-known for having strict laws regarding the purchase, sale, possession, and use of firearms, some of which have spurred disputes in federal court about their constitutionality. Nevertheless, these laws remain on the books, and anyone charged with violating one of them could find themself facing substantial penalties if the case ends with a conviction.
Fortunately, help is available from a qualified Walnut Creek Firearms attorney who has helped numerous people like you through similar situations in the past. With a seasoned defense attorney’s assistance, you could have far better odds not only of effectively contesting the prosecution’s case against you, but also protecting your rights and future freedom.
California as a whole takes a “may issue” approach to concealed carry permits. Some cities and counties approve applications for anyone who meets the necessary criteria and some cities and counties do not issue concealed carry licenses to anyone at all. Furthermore, California does not recognize a concealed carry permit held by a person that was issued in another state. Individuals who are not residents of California cannot apply for or receive concealed carry permits.
According to CPC §25400, unlawful concealed carry of a firearm may be prosecuted as either a misdemeanor or a felony based on various contributing factors, such as the defendant’s previous criminal history. CPC §25850 establishes similar conditions and prohibitions for unlawfully carrying a loaded firearm in public. No matter what statute state prosecutors pursue a gun-related criminal charge under, a skilled Walnut Creek attorney could be a crucial ally.
Using or possessing a firearm while committing another criminal offense is almost always explicitly defined as an aggravating factor that allows for harsher sentencing upon conviction for the underlying crime. For example, under CPC §245, the use of a firearm while committing an act of assault may be punishable by two to four years of prison time as well as a maximum $10,000 fine, with even more severe penalties possible in cases involving assault with a semi-automatic firearm and the use of a firearm to assault a peace officer or firefighter.
Other common criminal charges in California involving unlawful firearm use include:
A criminal defense attorney in Walnut Creek could help construct and effectively present a comprehensive defense against these and other firearms-related charges.
Although the Second Amendment still overrides any state-level attempts to universally prohibit gun ownership, there are still plenty of ways in which California can legally and constitutionally restrict the rights of residents to use and possess firearms. Running afoul of any of these regulations could have consequences stretching beyond jail time and fines, and could even lead to you losing the right to bear arms altogether.
Support from a knowledgeable Walnut Creek firearm crimes attorney could make a world of difference when it comes to enforcing your rights. Learn more by calling our office 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.
Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.
Schedule a meeting with our intake coordinator so we can determine the best plan to solve your legal problems.
We work to resolve your legal problems so you can focus on what is most important
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!