carrying a concealed firearm sentencing and punishment – california penal code section 12025

A first offense violation of Penal Code Section 12025 is punishable as a misdemeanor, which brings with it a jail sentence in county jail for up to 1 year and/or a maximum fine of $1,000.

This offense may be charged as a felony offense, which may bring with it a 3 year sentence in state prison, if:

1. You were previously convicted of a felony,
2. The gun was stolen and you knew or had reason to believe that it was stolen,
3. You are an active participant in a criminal street gang,
4. You are not in lawful possession of the gun,
5. You belong to a class of people prohibited from possessing or acquiring a firearm due to drug dependency or prior criminal convictions.

If the gun is not registered to you, a first offense is a “wobbler” in that it can be prosecuted as either a misdemeanor or a felony if you also had ammunition for the gun in your immediate possession or it was readily accessible to you. Punishment can include a sentence in either state prison, or county jail for up to 1 year and/or a maximum fine of $1,000.

Because gun control laws in California are so extensive and convoluted, a firearms charge can have you facing a number of possible fines and penalties. It is, therefore, very important that you seek the assistance of a criminal defense attorney who is knowledgeable of California’s complicated gun laws to help you overcome the charge you face. Our attorneys at Wallin & Klarich have over 30 years of experience aggressively representing clients charged with carrying a concealed firearm. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there when you call.