San Jose Weapons Charges Attorney
California heavily regulates firearms, and the state is not hesitant to pursue criminal charges against people for having a firearm without a necessary permit or for carrying in a place where firearms are prohibited.
Call Knight Law today if you were arrested or are investigated for a weapons charge. The penalties are serious, and you could even lose your gun rights for the rest of your life. Give us a call if you’d like to schedule a private consultation with a San Jose weapons offense lawyer.
We Can Defend Against Any Weapons Charge
There are dozens of state and federal gun laws on the books. Some of the most common weapons offenses include:
- Carrying a concealed weapon without a permit (Section 25400 PC).
- Possessing a firearm while prohibited by a domestic violence restraining order (Section 29825 PC).
- Possessing a firearm as a felon (Section 29800 PC).
- Possessing a firearm on school grounds (Section 626.10 PC).
- Possessing a firearm in a prohibited area (Section 171b PC).
- Using a firearm in the commission of a crime (Section 12022 PC).
The penalties will depend on the criminal charge you face, as well as your criminal record. Many defendants will lose their gun rights, however, for a felony conviction.
What to Do if Arrested for a Weapons Offense
You should do the following:
1. Refuse to consent to any search of your home, car, or possessions. True, the police might search anyway, especially if they have probable cause or a search warrant. But you shouldn’t make it easy on them by consenting.
2. Remain silent after requesting a lawyer. Actually say the words, “I want a lawyer.” Don’t answer any questions before or after arrest.
3. Do not hand over your gun voluntarily. If they want to seize it, they need probable cause.
4. Contact a criminal defense lawyer as soon as you can. A good lawyer can immediately tell the police to stop badgering you and start collecting evidence to use in your defense.
5. If you get out on bail, you should follow the law and absolutely avoid committing any additional crimes. Any violation of the conditions could result in being sent behind bars.
Our firm excels at defending people from weapons charges. We might make different arguments, such as a lack of criminal intent. If the police searched you or seized evidence without probable cause, we can ask a judge to kick the evidence out of court. Many prosecutions are fatally weakened at that point.
Speak to a Knowledgeable Criminal Defense Lawyer
Prosecutors are often eager to slap criminal charges on lawful gun owners for simple mistakes. Did you enter a government building or go on school property and completely forget that you had a gun on you? You shouldn’t face time in jail for what amounts to an innocent mistake. Call Knight Law to schedule a free consultation with us today. We want to dig into the factual record to better understand what happened. You will benefit from our wealth of experience in criminal law and weapons charges.
