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If you were charged for possessing or illegally selling an assault weapon in Los Angeles, it is important to work with an attorney who knows the state’s gun laws and knows the optimal defense tactics.
What Is An Assault Weapon?
You may have been charged with this offense and are wondering why your firearm was classified as an assault weapon. In California, the law has several specific criteria for classifying a gun as an assault weapon. Some of the criteria are very different from rules in other states. For example, you may have put a pistol grip on your detachable-magazine rifle from Arizona for a more comfortable grip. However, you did not know that putting a pistol grip on that rifle makes it an assault weapon in California.
There are other specifics as well. For example, you may have moved to California from another state and did not realize that your AR-15 needed a modification for the magazine release. You need a different type of release button, which is similar to a push-pin watch button rather than a larger raised button. Also, you may have a semi-automatic rifle with a folding stock. This considered an assault weapon in California. When it comes to military rifles, several of them have been banned by name in California.
Unfortunately, not knowing the state’s gun laws and the assault weapon specifications in Penal Code Section 12276.1 is not a legitimate defense in court. The state is harsh with most assault weapon cases because of the campaigns against gun violence. Our attorneys know the defenses that work for assault weapon charges.
How Serious Is An Assault Weapon Charge?
Your charge is serious whether you have prior convictions or not. If you have prior convictions, you are more likely to spend some time in jail or in prison. For simple cases of possession where there was no proven intent to harm someone or to sell the gun illegally, you may be able to avoid jail if you do not have prior convictions. Judges are often more lenient in California for first-time offenders. In a favorable scenario where it is not possible for the charges to be dropped, you may be offered a deal for probation or community service.
If you were intending to sell the weapon or were driving around with it loaded, you may face a more serious penalty. However, this is not always the outcome. The police may not be able to prove that you were to blame, and some cases that involve a search warrant are thrown out if there are major issues with the warrant.
How Our Attorneys Help
Your top goal should be to avoid a felony conviction if possible. With a felony conviction of this type, you may not be able to possess a firearm again in the future. Also, a felony on your record makes it harder for you to rent a home or find a job.
We analyze the case carefully to look for a dismissal. If the charges cannot be dismissed, we negotiate a favorable deal on your behalf. Since the charge is considered a wobbler and can be a felony or a misdemeanor, and we try to have it reduced to a misdemeanor.
Every case is different. However, our goal remains consistent. We aim to have the charges dismissed or reduced in order to protect your rights or to prove that the charges against you are wrong. We fight to prove your innocence, preserve your freedom and protect your future. Call us for a free consultation.