The conviction is a felony offense that may result in jail time and deportation
It was a case that became a rallying cry during the 2016 presidential campaign: a young Bay Area woman killed by an undocumented immigrant, Jose Ines Garcia Zarate, who had been deported five times and freed under sanctuary city laws. At the end of November, the case finally reached a conclusion, with a jury finding Garcia Zarate not guilty in the death of Steinle, and instead convicting him of one count of being a felon in possession of a firearm.
The Garcia Zarate case involved an unusual fact pattern, where the defendant picked up a gun that had been stolen a few days before from a federal ranger’s parked car. The weapon went off in his hands, and ricocheted off another object, killing Kathryn Steinle. Despite the fact that the killing was an accident, Garcia Zarate was held up as an example of the evils of illegal immigration and sanctuary cities. He had seven prior felony convictions for illegal reentry into the United States and a decades-old bench warrant for alleged marijuana possession. Much of the uproar surrounding the case was because San Francisco allegedly should have notified Immigration and Customs Enforcement (ICE) about Garcia Zarate, and failed to do so. Garcia Zarate’s public defenders kept the political rhetoric regarding his immigration status out of the case, and focused instead on whether he intended to shoot or kill Ms. Steinle. In doing so, they managed to secure not guilty verdicts on the most serious of the charges against him.
However, a felon in possession of a firearm charge is still a significant charge under California law. As a criminal attorney in Los Angeles, CA can explain, it is unlawful for anyone convicted of a felony to own a firearm in California. This crime is a felony, and is punishable by 16 months, two years, or three years in county jail, and/or up to a $10,000 fine. Anyone convicted of this charge may also be required to forfeit his or her weapon. In addition, a conviction under this statute will likely lead to deportation. This will be the case for Mr. Garcia Zarate.
This case highlights how a skilled criminal attorney in Los Angeles, CA can manage multiple aspects of a case, such as public opinion and political pressure. A sound legal strategy will include all factors that may impact your case, including factual and legal defenses, and the types of political and other issues that the prosecutor may attempt to introduce.
At the Chambers Law Firm, our team of attorneys and professionals include a former prosecutor and members of the police department. We understand how to handle all aspects of a case, including the more sensationalized aspects. We will work with you to help you achieve the best possible outcome. If you have been charged with a crime in Los Angeles or the surrounding areas, contact us at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
