In California, the ramifications of a felony conviction extend far beyond time served and fines paid. One of the most significant consequences is the loss of the Second Amendment right to bear arms. Despite this, some individuals with felony convictions attempt to own firearms, risking further legal trouble. This blog explores what happens when they are caught and the legal nuances involved.
Contact Chambers Law Firm at 714-760-4088 if you have been charged with a felony or if you have been charged with gun-related charges as a convicted felon.
The Burden of Proof in Firearm Possession Cases
For prosecutors to convict someone of illegal firearm possession, several criteria must be met. Firstly, there must be evidence of a prior felony conviction or certain misdemeanors that bar the individual from owning a firearm. Additionally, prosecutors must prove the individual owned, purchased, received, or had a firearm in their possession and was aware of its presence.
Disqualifying Convictions
Not all criminal convictions result in a loss of firearm ownership rights. However, any felony conviction carries this consequence. Specific misdemeanors can also disqualify an individual from owning a firearm, including but not limited to assault with a deadly weapon, certain sexual offenses, and brandishing a weapon.
Consequences for Felons Found with Firearms
The possession of a firearm by a felon in California is a serious offense that can lead to additional felony charges. Convicted individuals may face sentences ranging from 16 to 36 months in county jail and fines up to $10,000. The law also mandates the forfeiture of the firearm. For legal immigrants, such a conviction could lead to deportation.
Exploring Defense Strategies
Feeling cornered by the law is a common sentiment among those facing charges for firearm possession. However, effective defense strategies can significantly impact the outcome. The prosecution’s biggest challenge is often proving actual possession of the firearm. This entails showing that the firearm was either physically on the person or within their control.
In cases where the firearm was not found on the individual, defense attorneys can argue against possession, focusing on proving a lack of knowledge about the firearm’s presence. Situations where a firearm is discovered in a shared vehicle present opportunities to challenge the assumption of knowledge and control.
Seeking Legal Assistance
Facing charges for firearm possession as a felon in California is daunting, but it’s crucial to remember that you have options. Regardless of the evidence stacked against you, a skilled defense attorney can explore avenues for mitigating consequences or even securing a dismissal. If you find yourself in this predicament, reaching out for legal assistance is the first step towards navigating these challenges. Chambers Law Firm offers free legal consultations to help you understand your situation and options. Don’t hesitate to contact us at 714-760-4088 to begin the process of defending your rights and moving forward with your life.
