The Primary Defenses To A Weapon Crime Charge – Penal Code Section 12020

Weapon crimes in California can carry serious consequences. From hefty fines to long-term imprisonment, the stakes are high. If you’ve been accused of a weapon crime, understanding the primary defenses available to you is crucial. This blog post aims to shed light on the defenses your lawyer can use to challenge a weapon crime charge in California, providing you with valuable insights and practical tips.

Our criminal defense attorneys have over 40 years of experience  in guiding our clients through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation. We will be there when you call.

Understanding the California Penal Code on Weapon Crimes

The California Penal Code contains specific statutes that address various weapon-related offenses. One of the primary sections dealing with weapon crimes is California Penal Code Section 12020, which criminalizes the possession of certain prohibited weapons. It covers items such as short-barreled rifles, short-barreled shotguns, and undetectable firearms among others.

Key Sections Related to Weapon Crimes

1. Penal Code Section 245 (Assault with a Deadly Weapon)

This statute pertains to assaults carried out using deadly weapons or force likely to produce great bodily injury. The penalties for violating this statute can range from probation to up to four years in state prison.

2. Penal Code Section 25400 (Carrying Concealed Firearm)

Under this section, carrying a concealed firearm without a proper license is illegal. Exceptions exist for law enforcement officers and others under specific conditions, but generally, unauthorized concealed carry can result in severe penalties.

3. Penal Code Section 29800 (Possession by Prohibited Persons)

This code prohibits individuals who have been convicted of certain felonies, or who have been found guilty of specific misdemeanors relating to domestic violence, from possessing, purchasing, or receiving firearms.

4. Penal Code Section 30605 (Possession of Assault Weapons)

It is a felony to possess an assault weapon in California unless it has been lawfully registered. This statute aims to regulate the ownership of high-capacity firearms that are capable of rapid fire.

Special Considerations

• Enhancements: Convictions for certain crimes can lead to enhanced sentences if a weapon was used in the commission of the crime. For example, using a firearm in the commission of a felony can add significant time to the original sentence under Penal Code Section 12022.5. Any person who personally uses a firearm during a felony or an attempted felony can be punished by 3, 4, or 10 years in state prison, unless the use of a firearm is an element of that offense.
•  Permits and Licenses: California has strict requirements for obtaining permits to carry concealed weapons (CCW). The process involves background checks, training, and approval from local law enforcement.

Why Understanding Defenses is Crucial

When facing a weapon crime charge, knowledge is power. Understanding the primary defenses available to you could  make the difference between jail time and your freedom.  This section will explore how you and your lawyer can leverage this knowledge to help you win your case.

Overview of Primary Defenses in Weapons Cases

Self-Defense When You are Accused of Penal Code Section 245 (Assault with a Deadly Weapon)

One of the most commonly used defenses in weapon crime cases is self-defense. If you can prove that you were protecting yourself or another person from imminent harm, you may be able to avoid a conviction. Proving self-defense requires a thorough understanding of the circumstances surrounding the incident. Gathering evidence such as witness statements and surveillance footage can be crucial. Your attorney will play a significant role in compiling and presenting this evidence effectively.

Lack of Intent

Another powerful defense is the lack of intent. If you did not intend to commit the crime, proving this lack of intent can be a significant factor in your defense. The criminal legal system requires the prosecution to prove intent beyond a reasonable doubt. If your attorney can create doubt about your intent, it could lead to a dismissal of the charges. To prove a lack of intent, you’ll need to collect compelling evidence. This might include text messages, emails, or any other documentation that shows your lack of intent to commit a crime.

Illegal Search and Seizure

The Fourth Amendment protects against unreasonable searches and seizures. If your attorney can prove that the evidence against you was obtained illegally, it may be inadmissible in court. The Fourth Amendment provides robust protections against illegal searches and seizures. If law enforcement violated these protections, any evidence they obtained might be inadmissible. Challenging evidence obtained through illegal search and seizure involves filing a motion to suppress. Your attorney will argue that the evidence should be excluded. In many cases if the evidence is excluded by the court your case will be dismissed.

Building a Strong Defense Strategy

Importance of Legal Representation

Having an experienced attorney is crucial when facing a weapon crime charge. A Wallin & Klarich criminal defense lawyer  can guide you through the complexities of the legal system, help you understand your rights, and develop a powerful defense strategy for  your case.

Steps to Take Immediately

If you’re facing a weapon crime charge, take the following steps immediately:

1. Hire Wallin and Klarich now – Seeking  legal representation as soon as possible after your arrest will give our law firm time to prepare for you case before the initial court date.
2. Document Everything – Keep a detailed record of all events leading up to the charge.
3. Gather Evidence – Provide us the names of all possible witnesses so we can work with experienced investigators to collect any evidence that could  support your defense, such as witness statements or physical evidence.

Long-Term Strategy

Your long-term defense strategy will involve continuous communication with your attorney, regular review of your case, and staying informed about any new developments. This proactive approach can significantly improve your chances of a favorable outcome.

Contact Wallin & Klarich Today

If you are facing a weapon crime charge, you need an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.

You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between years in jail and freedom. Let our skilled attorneys examine your case to find the best way to avoid prison. We have offices in Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim.

Discover how our team can assist you. Contact us today, toll-free at (877) 4-NO-JAIL or (877)466-5245 for a free consultation with a skilled defense attorney.

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