Califonria laws are different for possession of a weapon depending on whether the defendant is a first-time offender or he is a convicted felon. For those with no prior convictions, in California, possession or carrying a gun or a firearm on one’s person or in a vehicle may be filed as a misdemeanor or a felony. If a weapon is used in connection with another crime such as robbery, kidnapping, child abuse, or rape, the charge may be a felony strike and penalties may be substantially enhanced. For felons in possesion of a weapon or a firearm, the laws are far more strict and the penalties are more severe.
In California, under Penal Code 29800, if the police find a convicted felon carrying a weapon, they may arrest him and recommend that he be charged with a felony or multiple felonies. If the firearm was loaded or was actually fired during the commission of a crime, additional enhancements may apply. Since this is a serious crime, you must consult with experienced attorneys and choose one that is able to present all possible defenses in criminal court.
What are the penalties for possession of a firearm by a felon in California?
In California, the penalties for possession of a firearm by a felon can vary depending on the circumstances of the case. Generally speaking, possession of a firearm by a felon is a felony offense in California, punishable by up to three years in state prison and/or a fine of up to $10,000.
However, if the individual has a prior felony conviction for a violent offense or serious felony, the penalties for possession of a firearm by a felon can be much more severe. Under California’s “Three Strikes” law, a person who has two or more prior convictions for serious or violent felonies faces a minimum sentence of 25 years to life in prison for any subsequent felony conviction.
Additionally, possession of a firearm by a felon can also result in federal charges, which may carry even harsher penalties, including substantial fines and lengthy prison sentences.
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How long is the ban on possession of a weapon by a felon in California?
In California, the ban on possession of firearms by a person convicted of a felony is generally a lifetime ban. This means that if someone is convicted of a felony in California, they are permanently prohibited from owning or possessing firearms, unless they receive a pardon, a certificate of rehabilitation, or have their conviction expunged. It is also important to note that the ban on possession of firearms by felons is not limited to just guns, but also includes other deadly weapons, such as knives, clubs, and brass knuckles.
In California, under Penal Code 29800, if the police find a convicted felon carrying a weapon, they may arrest him and recommend that he be charged with a felony or multiple felonies. If the firearm was loaded or was actually fired during the commission of a crime, additional enhancements may apply. Since this is a serious crime, you must consult with experienced attorneys and chose one that is able to present all your possible defense in criminal court.
Criminal prosecution can affect your health, freedom, employment, and social life. You need help and you need the best criminal defense you can get. At the Law Offices of Tony M. Seyfi, with the state of the art computerized legal research tools and forensic techniques, we will focus on identifying the defenses you may have and will develop numerous challenges to any crime possible.
Our goal is a victory for our clients and to keep them from going to jail, and we are confident of our defense strategies. If you would like to discuss your case, call us today for a FREE CONSULTATION and case analysis.
