November 27, 2013 By Paul Wallin

Will Aldon Smith Go to Jail if Convicted of Possessing Assault Weapons?

Wallin & Klarich senior partner and experienced criminal defense attorney Paul Wallin appeared on the 49ers Now podcast to discuss the ongoing case of Aldon Smith. Topics included examining the charges and will Aldon Smith go to jail if convicted. You can listen to the podcast over at Paul Wallin’s interview begins at around the 22-minute mark.

What will happen to San Francisco 49ers linebacker Aldon Smith in his pending felony criminal case? The NFL pro was charged in Santa Clara Superior Court with three felony counts of illegally possessing assault rifles along with misdemeanor drunk driving in October.

His case is still unresolved but we do know that his conduct has placed his future in the NFL in serious jeopardy.

More importantly, it remains to be seen what impact this will have on his tens of thousands of fans who have looked up to him not just as an outstanding football player but as a role model for their kids.

What Happened with Aldon Smith?

will Aldon Smith go to jail
Will Aldon Smith go to jail for possessing assault weapons? Wallin & Klarich Senior Partner Paul Wallin discussed on the 49ers Now podcast.

You have to wonder what Smith was thinking. He makes millions of dollars a year in compensation for his football efforts. Yet, he allows a friend to host a party at his own residence and then charges a $10 admission fee to enter the party.

During the party, some people in attendance brought guns and knives. Shots were fired and persons were seriously injured. It appears that Smith took out a gun and shot it several times into the air.

Police allege they found several assault weapons in Smith’s home that are not legal in California. Lawsuits have been filed against Smith by people who allege they were seriously injured during the “party.”

Smith is also facing pending DUI charges.

Will Aldon Smith Go to Jail?

The court has the power to sentence Smith on the pending felony charges to a maximum of four years and four months in custody. However, due to his lack of prior criminal record and many other positive factors, he will not receive this type of punishment.

It seems for the sake of football and for all of the young people that look up to Smith, there needs to be some type of punishment. If Smith is not punished in some manner, then the message that will be sent is that there is just about no limit to what professional athletes can do without consequences.

We wish Smith the best but we certainly hope in the future he learns to use much better judgment. You have to wonder why he would feel he needs to possess many assault weapons in his home.

We welcome your thoughts on this issue.

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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