You may be sentenced to up to 3 years in jail.
California is known as a “tough on guns” state. While many gun rights proponents have sued the state over its stance, the law currently includes harsh penalties — including the loss of your right to bear arms — in certain situations. If you are convicted of a felony offense in California, you are prohibited from possessing a firearm. But what are the consequences if you are found to have a gun after being convicted of a felony?
Unfortunately, as an experienced criminal defense lawyer, Riverside CA can explain, this situation happens more often than it should. Whether people simply don’t take the prohibition against gun possession seriously, or they do not realize that it is a lifetime ban, many people with felony convictions in California are charged with being a “felon in possession” each year.
To prove that you have illegally possessed a firearm (or ammunition) after a felony conviction, a prosecutor must prove three separate elements:
- That you have a previous conviction for a certain felony or misdemeanor offense, or that you are addicted to any narcotic drug;
- That you owned, purchased, or possessed a firearm; and
- That you knew of the presence of the firearm.
For the purposes of this crime, any felony-level conviction in any other state or a federal felony conviction would qualify as a felony conviction. Misdemeanor crimes that would subject you to the firearms restriction include some sex-related crimes, brandishing a weapon, and assault with a deadly weapon.
According to a skilled criminal defense lawyer, Riverside CA, if you are found to be in possession of a firearm after a felony conviction, you will likely be charged with a separate felony offense. The penalty for “felon in possession” charge may include between 16 months and 3 years in county jail, a fine of up to $10,000, and a requirement that you relinquish your weapon. In addition, if you are in the United States as a permanent resident or on a visa, you may be deported as a consequence of a conviction for this crime.
While California “felon in possession” cases are challenging, there are potential defenses to the charge. One of the strongest potential defenses is the factual question of whether or not you actually possessed the firearm. Possession means that you had it in your actual or constructive possession — so you must have either had it in your hand, on your person, or had it under your control. If you didn’t have it in your possession, an aggressive criminal defense lawyer, Riverside CA could argue that you didn’t actually posses the weapon. Similarly, if you did not know of the presence of the gun, then this may be a defense to the charge. For example, if you borrow a friend’s car without knowing that he has a pistol stored in the glovebox, then that may be a defense to the charge of “felon in possession.”
The Chambers Law Firm is here to help Californians who have been charged with crimes, including gun-related offenses. To schedule a free initial consultation with a criminal defense lawyer, Riverside CA or to learn more, contact our office today at 714-760-4088 or dchambers@clfca.com.
