When you have been arrested for possession of an assault weapon, the sooner you consult with an attorney, the better chance they can determine if you have the chance to avoid being prosecuted. Although the state of California has strict laws pertaining to assault weapons, there are numerous loopholes and exemptions too. It’s important you understand there is no legal way for individuals to acquire or register assault weapons, so you want an attorney who has experience with legal defenses in this area.
If you’ve been arrested for being in possession of any assault weapon, the Los Angeles assault weapons lawyers can help defend your case.
The Weapon Was Discovered Illegally
Your Los Angeles assault weapons lawyer might be able to discredit the prosecution case against you if they can show the weapon was uncovered while the officer conducted an illegal search and seizure. The officers who found the assault weapon may have been in your residence or vehicle while searching for drugs, searching your vehicle after a DUI arrest, or searching your person for contraband. It doesn’t matter why the police were searching when they found the assault weapon, they have to work within the letter of the law, and that means that you can only be legally arrested if they had probable cause to detain you or a valid search warrant.
Your Los Angeles assault weapons lawyer will begin to poke holes in the prosecution case if you weren’t involved in criminal activity at the time of the arrest or you didn’t give the officers consent to the search of your person or property. When the police fail to adhere to those rules, your attorney can open the door and argue that the assault weapon was confiscated illegally and your Fourth Amendment rights were violated.
Coerced Into Breaking the Law
When you have proof that the police lured or coerced you into breaking the law, your Los Angeles assault weapons lawyer will be able to start building a case so that you are not charged for the weapon. In the state of California, entrapment is in fact a valid legal defense, it is something however you’ll want to leave in the hands of a skilled and experienced local Los Angeles assault weapons lawyer. One example of entrapment involves the undercover police entering a gun shop with the intent of buying an assault weapon. The gun owner makes it clear those weapons are not available for sale, but the angry officer pushes the issue. The undercover cop demands the gun owner find a supplier, then offers a ridiculous amount of money for the weapon.
The undercover officer was especially aggressive and not leaving without the weapon, so your Los Angeles assault weapons lawyer may be able to argue the point that this was a case of entrapment and in most cases you’ll be absolved of the criminal culpability.
Uncovering Police Misconduct
If you can show that you were wrongfully arrested because of police misconduct, your criminal defense attorney will be able to show the court that the charges should not stick. The police may have been trying to arrest you for something else but you have been able to slip through the noose a number of times. They fabricate or plant the weapon hoping to finally keep you in jail. The arresting officer may have intimated you and coerced a confession from you illegally. When the officer is so desperate to make an arrest that they conduct an illegal search after planting the assault weapon, your attorney will have a challenging road ahead, but not impossible one.
If your Los Angeles assault weapons lawyer can show that even a slight case of police misconduct took place, the charges could be dismissed. Proving the discovery was outside the scope of any lawful arrest is something best left to the best criminal defense lawyers.
With all the focus lately on gun shootings, the penalties for being in possession of an assault weapon is serious. Your Los Angeles assault weapons lawyer will use a number of legal defenses to try and poke holes in the prosecution case and get your case dismissed or the charges lessened.