Los Angeles
Criminal Defense Attorneys

Domestic Violence Offenses with Firearms Lawyers Los Angeles

by admin   May 09, 2018   Filed Under: Uncategorized

Sometimes, a domestic violence offense involves a dangerous or deadly weapon. In this case, the defendant may have a charge of assault with a deadly weapon brought against them. This is a felony charge. The defendant may also be subjected to additional charges or penalties as well as receive a “strike” regarding California’s Three Strike Law.

If the deadly weapon involved in the crime is a shotgun, pistol, gun, or any other firearm, California law allows the defendant to have an assault with a firearm charge leveled against them. If the victimSometimes, a domestic violence offense involves a dangerous or deadly weapon. In this case, the defendant may have a charge of assault with a deadly weapon brought against them. This is a felony charge. The defendant may also be subjected to additional charges or penalties as well as receive a “strike” regarding California’s Three Strike Law.

If the deadly weapon involved in the crime is a shotgun, pistol, gun, or any other firearm, California law allows the defendant to have an assault with a firearm charge leveled against them. If the victim was a family member or intimate partner of the defendant, and the defendant is placed on probation rather than jailed, the defendant will be subject to the mandatory sentencing requirements outlined in California Penal Code Section 1203.097.

Does a Weapon Need to Be Fired for Criminal Charges to Be Filed?

If a loaded firearm is pointed at another individual, the defendant could be given an assault with a firearm charge. It does not matter whether the weapon was discharged during the incident. Anyone who points a loaded gun at a family member in the midst of a domestic dispute is potentially subject to very serious felony charges.

If the firearm wasn’t loaded, the defendant may still be additionally charged with brandishing a weapon. Depending on the circumstances and the judge, this charge can be either a misdemeanor or felony. It does not count as a “strike” offense.

For a firearm to qualify, it must operate through combustion or an explosion. BB guns and pellet guns don’t qualify as firearms under California’s penal code. This means that if the defendant points a BB gun or pellet gun at a family member, they cannot be charged with additional weapon-related crimes. They will still be charged with a domestic violence offense, however.

Does Assault with a Firearm Count as a Domestic Violence Offense?

Whether a crime qualifies as a domestic violence offense depends more on the relationship between the involved parties than on the offense itself. When the defendant and victim have a relationship that fits the definitions outlined by California Family Code Section 6211, the offense qualifies as a domestic violence incident.

The state of California has minimum sentencing requirements in domestic violence cases in which the perpetrator is put on probation rather than jailed. These requirements are outlined in California Penal Code Section 1203.097. The following penalties are included:

A $500 minimum fine
Adherence to a restraining order issued by the court to prevent further contact between the defendant and the victim
Completion of a year-long batterer’s class along with periodic progress updates for the court
A probation period lasting at least three years

The defendant would also be prevented from possessing firearms. If the defendant is convicted of a felony offense, the firearms prohibition will last for the rest of their life. Under federal laws regarding domestic violence and firearm offenses, the defendant will be barred from the possession of a firearm even if their conviction is a misdemeanor.

In cases involving the use of firearms, sentencing judges are much more likely to issue jail or prison time than in domestic violence cases that do not involve firearms. Even if the defendant is convicted of a domestic violence offense without the added firearm offense, they will still lose their right to own a firearm.was a family member or intimate partner of the defendant, and the defendant is placed on probation rather than jailed, the defendant will be subject to the mandatory sentencing requirements outlined in California Penal Code Section 1203.097.

Does a Weapon Need to Be Fired for Criminal Charges to Be Filed?

If a loaded firearm is pointed at another individual, the defendant could be given an assault with a firearm charge. It does not matter whether the weapon was discharged during the incident. Anyone who points a loaded gun at a family member in the midst of a domestic dispute is potentially subject to very serious felony charges.

If the firearm wasn’t loaded, the defendant may still be additionally charged with brandishing a weapon. Depending on the circumstances and the judge, this charge can be either a misdemeanor or felony. It does not count as a “strike” offense.

For a firearm to qualify, it must operate through combustion or an explosion. BB guns and pellet guns don’t qualify as firearms under California’s penal code. This means that if the defendant points a BB gun or pellet gun at a family member, they cannot be charged with additional weapon-related crimes. They will still be charged with a domestic violence offense, however.

Does Assault with a Firearm Count as a Domestic Violence Offense?

Whether a crime qualifies as a domestic violence offense depends more on the relationship between the involved parties than on the offense itself. When the defendant and victim have a relationship that fits the definitions outlined by California Family Code Section 6211, the offense qualifies as a domestic violence incident.

The state of California has minimum sentencing requirements in domestic violence cases in which the perpetrator is put on probation rather than jailed. These requirements are outlined in California Penal Code Section 1203.097. The following penalties are included:

A $500 minimum fine
Adherence to a restraining order issued by the court to prevent further contact between the defendant and the victim
Completion of a year-long batterer’s class along with periodic progress updates for the court
A probation period lasting at least three years

The defendant would also be prevented from possessing firearms. If the defendant is convicted of a felony offense, the firearms prohibition will last for the rest of their life. Under federal laws regarding domestic violence and firearm offenses, the defendant will be barred from the possession of a firearm even if their conviction is a misdemeanor.

In cases involving the use of firearms, sentencing judges are much more likely to issue jail or prison time than in domestic violence cases that do not involve firearms. Even if the defendant is convicted of a domestic violence offense without the added firearm offense, they will still lose their right to own a firearm.